If you have any questions about this Agreement, please feel free to contact us at email@example.com.
Gratiu Culture Code
We want people to use Gratiu to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- Be respectful to others. Gratiu is not a platform for argumentative political debate, trolling, or bullying. Please be sure to keep any political posts positive, be supportive to others, and keep in mind that your audience is looking for a healthy and safe place to be social.
- Please keep in mind that all words, pictures, videos and GIFs can have an effect on others. Consider how your content may affect others before posting it.
- You may not use our Platform to do or share:
- Anything intentionally divisive or hurtful.
- Anything that is unlawful, misleading, discriminatory or fraudulent.
- Anything that infringes or violates someone else’s rights.
- Anything that promotes the use or sale of illegal drugs unless the primary purpose is educational or the drugs are being depicted in the context of legal uses, such as for medical purposes and research studies.
- Any pictures or videos containing nudity (except for non-sexualized, artistic content), violence, or negative graphic pictures depicting animals, people, places or things.
- Any videos, photos, or GIFs that depict racial, marital, age, religious, sex, familial, or sexual orientation discrimination of any kind except in cases where the content’s primary intention is to educate.
- Pornography or sexually explicit content.
- Anything that violates these Terms, our Culture Code, or other terms and policies that apply to your use of Gratiu..
Use of Our Service
- Eligibility. You may use the Service only if you can form a binding contract with Gratiu, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
- We try to make Gratiu broadly available to everyone, but you cannot use Gratiu if:
- You are under 13 years old.
- You are a convicted sex offender.
- We previously disabled your account for violations of our terms or policies.
- You are prohibited from receiving our Platform, services, or software under applicable laws
- Gratiu Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Gratiu reserves all rights not expressly granted herein in the Service and the Gratiu Content (as defined below).
Term and Termination of These Terms
- Term. As between you and the Gratiu, Inc., the Term of these Terms of Service, as it may be amended, commences as of the date of your first use of the Service and continues until the termination of these Terms by either you or the Company.
- Termination. You may terminate these Terms by terminating your account, deleting your account and the app from any mobile devices in which it is installed, and terminating all other uses of the Service. If you wish to delete any of your User Content from the Service, then you may be able to do so using the permitted functionalities of the app, but the removal or deletion of such User Content will not terminate these Terms. We have the right to restrict, suspend, or terminate these Terms and your access to all or any part of the Service at any time without prior notice or liability if you breach any provision of these Terms or our Community Policy, or violate the rights of any third party copyright owner. We will make reasonable efforts to notify you of such termination via the email address associated with your account or the next time you attempt to access your account, depending on the circumstances, however this may not always be possible.
- By your use of the Service, you agree that if we terminate your account for cause, all of or your User Content and Centiments stored on the Service will be confiscated. In other words, play by the rules and adhere to these Terms of Service, and the Gratiu Inc.’s Terms and Conditions of Use; failure to do so will result in the loss of your account and all of its assets.
- Appeals. If we terminate your account or confiscate any Virtual Items for cause, you will have an opportunity to appeal such a decision. All information regarding the appeals process will be provided to you via the app at the time of any termination or confiscation of Virtual Items.
- Survival. All sections of this Terms of Service agreement will survive the termination of these Terms by the user indefinitely.
Centiments Acceptable Use Policy
- The Service offers a feature allowing users to ‘purchase’ (a) virtual currency, (“Centiments”) for use in the Service as “gifts” or “Random Acts of Charity”, or payment to “vendors/advertisers”. Virtual money/gifts are hereafter collectively referred to as ‘Centiments”. The purchase of any Centiments must be made lawfully, under legitimate means, and with actual currency. Any Virtual Items obtained illegally or fraudulently will result in suspension, freeze or termination of User account. Notwithstanding your purchase or possession of such Virtual Items, you do not in fact ‘own’ the Centiments, and the amounts of any Virtual Item do not refer to any credit balance of real currency or its equivalent. Rather, Company grants you a limited license to use the service, including software programs that may manifest themselves as these items.
- By your use of the Service, and particularly Centiments, you agree that our distribution of any Centiments currently in your account (i.e. as a virtual ‘tip’ to any other User’s account) may result in some revenue to such recipient User, as determined in Gratiu’s sole discretion, and is made solely at your own discretion; Once you have confirmed a transfer of any Centiment to another user’s account, the action cannot be undone and the Centiment cannot be withdrawn. Notwithstanding, Gratiu makes no guarantee that the amount or value of the Centiments you may give a User will correlate to the revenue such User may receive from us when they cash-out.
- The purchase of Centiments is a completed transaction upon Company’s confirmation of electronic payment from you via the Stripe. Any virtual currency balance shown in your User Account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license to the Centiments (virtual items/money) within the Service. You will not be able to sell Centiments in exchange for virtual or real currency credited back to your User Account, nor will you be able to receive a refund (“Refund”) of virtual or real currency for Virtual Items (including any virtual currency), including if your access to the Service has been suspended, limited or terminated pursuant to these Terms.
- We determine the value (i.e. the exchange rate) of the Centiments in our sole discretion, based on your country of origin, and we have the right to modify the purchase exchange rate between actual currency and Centiments from time to time, with or without reason, in our sole discretion. By your use of the Service, you confirm your understanding of and agree to accept the then-current exchange rate of any Centiments at the time of your purchase.
- By your use of the service, you agree that your use of any purchased Centiments shall be solely for legitimate purposes within the Service, and that such use will comply with all applicable laws at all times (i.e. no exchanging of Centiments for any activity, product, conduct or services deemed unauthorized by these Terms or our Community Policy).
- By your use of the Service and particularly Centiments, you confirm your understanding that the purchase of Centiments requires actual money. If you disagree with any part of, or do not fully understand our exchange rate policy, do not purchase or use any Centiments in connection with the Service, or terminate your account.
- By your use of the Service and particularly Centiments, you confirm your understanding that we may change, modify or update these Terms, or the terms of sale in connection with the Centiments from time to time, and that such revised terms will apply to all subsequent purchases of any Centiments, and you agree that you will review these Terms and any terms regarding the sale of Centiments prior to making any purchase.
- In the event your account balance is incorrect due to system maintenance or other technical failures as determined solely by us, we agree to make all necessary corrections and adjustments with respect to your account balance. If you have any questions, concerns or suggestions regarding purchases and/or payments regarding the Service, you may contact us at firstname.lastname@example.org.
- User Inactivity. If your account remains inactive for six (6) consecutive months, all of your Centiments may be frozen. To unfreeze your Centiments, you must email us at email@example.com and request that we unfreeze your account. Upon receipt of your request and review of your information, we will unfreeze your Centiments within three (3) days.
- Notwithstanding the above restriction regarding Refunds, any Centiments stored in your User Account that exceeds a certain value, either by your own purchase or by receipt from another User may be ‘cashed-out’ for actual currency (each transaction, a “Cash-Out”). The threshold value in Centiments, and the value of currency received from any Cash-Out will be based on an exchange rate and in a currency form determined by us, based on the location where you are using the Service, which we may set and change from time to time in our sole discretion. The Cash-Out exchange rate may also change due to the fluctuating value of the Coins, which may change between the time they were purchased and the time you decide to Cash-Out.
- You must have an active payment receiving account to Cash-out. Your receiving account will be linked to your User Account when you Cash-Out and the payment will be processed within fifteen (15) business days following any Cash-Out request.
- The amount of any Cash-Out cannot exceed the amount of available funds in your User Account (as determined by the then-determined value of Centiments in your account). Depending on the location where you are using the Service, we have established minimum amounts required for any Cash-Out, as well as maximum amounts you may Cash-Out per day.
- Gratiu, Inc. will charge a withdrawal fee of 23% upon/to Cash-Out, however, you are solely responsible for checking policy details and applicability of transaction fees in connection with the applicable electronic cash transfer service utilized in your Service location.
- Each Cash-Out request will be manually approved by Gratiu staff for security reasons which may take up to fifteen (15) days following the Cash-Out request. Cash-out requests involving suspicious account activity and/or information may be denied. In some circumstances, the third-party transfer service provider processing the Cash-out request may place your Cash-Out funds received on a temporary hold based on minimal or no previous transaction history with Gratiu to demonstrate a pattern of positive money exchanges. In the event such a hold occurs, please contact us for details at firstname.lastname@example.org. In any event, we will not be responsible in any way for any financial holds initiated by your electronic cash transfer service. This will change as the platform evolves and you will be sent a notification of any updates to Cash-Out requests before they happen.
Confiscation of Centiments Due to Termination or Fraud
- We take fraud extremely seriously. In addition to taking any applicable and necessary legal action, we have the right to permanently confiscate any Centiments from any User Account that we determine were purchased or acquired using fraudulent means; this includes confiscation of any Centiments received by you from another User in which such Virtual Gifts were purchased fraudulently. In the event we determine that any Centiments in your possession were fraudulently purchased, we will notify you prior to confiscation and allow you an opportunity to make an appeal via the app.
- If we terminate your account for fraud, any outstanding Centiments remaining in your account at the time of termination may be irrevocably confiscated, accordance with our Account Termination Policy specified below.
Consent to Electronic Communications
Dispute Resolution; Arbitration.
- Some of our Services may have additional terms that contain dispute-resolution provisions unique to that Service or your residency.
If you are using the Service on behalf of a business (rather than for your personal use), you and the Company agree that to the extent permitted by law, all claims and disputes between us arising out of or relating to these Terms or the use of the Service will be finally settled by the laws of IN (US). If you do not wish to agree to this clause, you must not use the Service
Exclusive venue; Choice of law
- To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and the Company agree that all claims and disputes (whether contractual or otherwise) arising out of or relating to the Terms or the use of the Services will be litigated exclusively in the courts of IN (US), unless this is prohibited by the laws of the country where you reside. You and the Company consent to the exclusive jurisdiction of those courts.
- The laws of IN (US) govern these Terms and any claims and disputes (whether contractual or otherwise) arising out of or relating to these Terms or their subject matter. The courts in some countries may not apply the laws of IN (US) to some disputes related to these Terms. If you reside in one of those countries, the laws of your home country may not apply to those disputes.
Disclaimers; Limitation of Liability
- The Service is provided “as is” and “as available” and to the extent permitted by law without warranties of any kind, either express or implied, including, in particular implied warranties, conditions, or other terms relating to (i) merchantability, satisfactory quality, fitness for a particular purpose, title, quiet enjoyment, non-infringement, or (ii) arising from a course of dealing. In addition, while the Company attempts to provide a good user experience, we do not represent or warrant that: (a) the Service will always be secure, error-free or timely; (b) the Service will always function without delays, disruption or imperfections; or (c) that any content or information you obtain through the Service will be timely or accurate.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW THE EXCLUSIONS OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THOSE EXCLUSIONS SHALL STILL APPLY.
Gratiu, Inc. and Gratiu.com, and its affiliates take no responsibility and assume no liability for any content that you, another user, or a third party creates, uploads, posts, sends, receives, or stores on or through our Service. You understand and agree that you may be exposed to content that might be offensive, illegal, misleading, or otherwise inappropriate, none of gratiu.com, nor its affiliates will be responsible for.
Nothing in these Terms will exclude or limit any responsibility we may have to remove content if required by the law of the country where you live.
- The Company, and our affiliates, officers, directors, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special, consequential, punitive, or multiple damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from: (a) your use of the Service or inability to use the Service; (b) your access to or inability to access the Service; (c) the conduct or content of other users or third parties on or through the Service; or (d) unauthorized access, use or alteration of your content. In no event will the Company or their affiliates’ aggregate liability for all claims relating to the Service exceed the amount you paid the Company in the last 12 months in connection with paid features of the Service.
IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY LIMITATION OF LIABILITY PROVIDED FOR IN THIS CLAUSE, THAT LIMITATION WILL STILL APPLY
- By your use of the Service, you agree, to the extent permitted by law, to indemnify, defend and hold harmless Gratiu.com and its affiliates, directors, officers, stockholders, employees, licensors, suppliers, and agents from and against any complaints, charges, claims, damages, losses, costs, liabilities and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your User Content; and (c) your breach of these Terms.
Third Party Disputes
- To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Service, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you agree to release the Company from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- These Terms constitute the entire agreement between you and the Company and supersede all prior agreements.
- These Terms will insure to the benefit of our successors and assigns, and we reserve all rights not expressly granted to you. You may not assign these Terms or any of the rights or licenses granted hereunder, directly or indirectly, without our prior written consent. We may assign these Terms or any of the rights or obligations hereunder, to any third party without the need to provide notice to you. If we do not enforce a provision in these Terms, it will not be considered a waiver. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision, the remaining provisions being deemed to continue in full force and effect.
- You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of the Service.
- Contact: If you have any questions or comments about these Terms or your use of the Service, please contact us at email@example.com.
This policy describes the information we process to support Gratiu, and other products and features offered by Gratiu. You can find additional tools and information in the Gratiu Settings.
What types of information do we collect?
To provide the Gratiu Platform, we must process information about you. The types of information we collect depend on how you use our Platform. You can learn how to access and delete information we collect by visiting the Gratiu Settings.
Things you and others do and provide.
- Information and content, you provide: We collect the content, communications and other information you provide when you use our Platform, including when you sign up for an account, create or share content, and message or communicate with others. This can include information in or about the content you provide (like metadata), such as the location of a photo or the date a file was created. It can also include what you see through features we provide, such as our camera, so we can do things like suggest masks and filters that you might like, or give you tips on using camera formats. Our systems automatically process content and communications, you and others provide, to analyze context and what’s in them for the purposes described below. Learn more about how you can control who can see the things you share.
- Data with special protections: You can choose to provide information in your Gratiu profile fields about what you are interested in. This and other information (such as racial or ethnic origin, philosophical beliefs or trade union membership) could be subject to special protections under the laws of your country.
- Networks and connections: We collect information about the people, pages, accounts, hashtags and groups you are connected to and how you interact with them across our platform, such as people you communicate with the most or groups you are part of. We also collect contact information if you choose to upload, sync or import it from a device (such as an address book or call log or SMS log history), which we use for things like helping you and others find people you may know and for the other purposes listed below.
- Your usage: We collect information about how you use our platform, such as the types of content you view or engage with; the features you use; the actions you take; the people or accounts you interact with; and the time, frequency and duration of your activities. For example, we log when you’re using and have last used our platform, and what posts, videos and other content you view on our platform. We also collect information about how you use features like our camera.
- Information about transactions made on our platform: If you use our platform for purchases or other financial transactions (such as when you make a purchase for an emojis, stationary, or to make a donation), we collect information about the purchase or transaction. This includes payment information, such as your credit or debit card number and other card information; other account and authentication information; and billing, shipping and contact details.
- Things others do and information they provide about you: We also receive and analyze content, communications and information that other people provide when they use our platform. This can include information about you, such as when others share or comment on a photo of you, send a message to you, or upload, sync or import your contact information.
As described below, we collect information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our platform, and we combine this information across different devices you use. For example, we use information collected about your use of our platform on your phone to better personalize the content (including ads) or features you see when you use our platform on another device, such as your laptop or tablet, or to measure whether you took an action in response to an ad we showed you on your phone on a different device.
Information we obtain from these devices includes:
- Device attributes: information such as the operating system, hardware and software versions, battery level, signal strength, available storage space, browser type, app and file names and types, and plugins.
- Device operations: information about operations and behaviors performed on the device, such as whether a window is foregrounded or backgrounded, or mouse movements (which can help distinguish humans from bots).
- Identifiers: unique identifiers, device IDs, and other identifiers, such as from games, apps or accounts you use, and Family Device IDs (or other identifiers unique to the Gratiu Company Platform associated with the same device or account).
- Device signals: Bluetooth signals, and information about nearby Wi-Fi access points, beacons, and cell towers.
- Data from device settings: information you allow us to receive through device settings you turn on, such as access to your GPS location, camera or photos.
- Network and connections: information such as the name of your mobile operator or ISP, language, time zone, mobile phone number, IP address, connection speed and, in some cases, information about other devices that are nearby or on your network, so we can do things like help you stream a video from your phone to your TV.
Information from partners
Advertisers, app developers, and publishers can send us information through the Gratiu Biz Market they use, including our social plug-ins (such as the Gratiu button), Gratiu login, our APIs and SDKs. These partners provide information about your activities off Gratiu—including information about your device, websites you visit, purchases you make, the ads you see, and how you use their services—whether or not you have a Gratiu account or are logged into Gratiu. For example, a developer could use our API to tell us what products you like, or a business could tell us about a purchase you made in its store. We also receive information about your online and offline actions and purchases from third-party data providers who have the rights to provide us with your information.
Partners receive your data when you visit or use their services or through third parties they work with. We require each of these partners to have lawful rights to collect, use and share your data before providing any data to us.
How do we use this information?
We use the information we collect (subject to choices you make) as described below and to provide and support the Gratiu platform and related services described in the Gratiu Terms.
We use the information we have to deliver our Platform, including to personalize features and content and make suggestions for you (such as groups or events you may be interested in or topics you may want to follow) on and off our Platform. To create personalized Platform that are unique and relevant to you, we use your connections, preferences, interests and activities based on the data we collect and learn from you and others (including any data with special protections you choose to provide); how you use and interact with our platform; and the people, places, or things you’re connected to and interested in on and off our platform. Learn more about how we use information about you to personalize your Gratiu experience, including features, content and recommendations in Gratiu platform; you can also learn more about how we choose the ads that you see.
- Information across Gratiu Platform and devices: We connect information about your activities on different Gratiu platform devices to provide a more tailored and consistent experience on all Gratiu platform devices you use, wherever you use them. For example, we can suggest that you join a group on Gratiu that includes people you follow or communicate with using the Gratiu chat feature. We can also make your experience more seamless, for example, by automatically filling in your registration information (such as your phone number) from another social media product you use when you sign up for an account on Gratiu or vice versa.
- Location-related information: We use location-related information-such as your current location, where you live, the places you like to go, and the businesses and people you’re near-to provide, personalize and improve our platform for you and others. Location-related information can be based on things like precise device location (if you’ve allowed us to collect it), IP addresses, and information from your and others’ use of the Gratiu platform (such as check-ins or events you attend).
- Product research and development: We use the information we have to develop, test and improve our platform, including by conducting surveys and research, and testing and troubleshooting new products and features.
- Promote safety, integrity and security: We use the information we have to verify accounts and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our platform, and promote safety and security on and off of Gratiu site and app. For example, we use data we have to investigate suspicious activity or violations of our terms or policies, or to detect when someone needs help.
- Communicate with you: We use the information we have to send you marketing communications, communicate with you about our platform, and let you know about our policies and terms. We also use your information to respond to you when you contact us.
How is this information shared?
Your information is shared with others in the following ways:
- Sharing on Gratiu Platform: People and accounts you share and communicate with when you share and communicate using our platform, you choose the audience for what you share. For example, when you post on Gratiu, you select the audience for the post, such as a group, all of your friends, the public, or a customized list of people. Similarly, when you use Gratiu Chat to communicate with people or businesses, those people and businesses can see the content you send. Your network can also see actions you have taken on our platform, including engagement with ads and sponsored content. We also let other accounts see who has viewed their Gratiu.
- Public information: can be seen by anyone, on or off our platform, including if they don’t have an account. This includes your username; any information you share with a public audience; information in your public profile on Gratiu; and content you share on a Gratiu Page, or any other public forum, such as other Gratiu pages. You, other people using Gratiu, and we can provide access to or send public information to anyone on or off our platform, including in other Gratiu Company products, in search results, or through tools and APIs. Public information can also be seen, accessed, reshared or downloaded through third-party services such as search engines, APIs, and offline media such as TV, and by apps, websites and other services that integrate with our platform.
- Content others share or reshare about you: You should consider who you choose to share with, because people who can see your activity on our Platform can choose to share it with others on and off our platform, including people and businesses outside the audience you shared with by taking a screenshot. For example, when you share a post or send a message to specific friends or accounts, they can screenshot, or share that content to others across or off our platform if you have asked them to “amplify”. Also, when you comment on someone else’s post or react to their content, your comment or reaction is visible to anyone who can see the other person’s content, and that person can change the audience later.
- Information about your active status or presence on our Platform: People in your networks may see signals telling them whether you are active on our platform, including whether you are currently active on the Gratiu Chat feature or Gratiu site, or when you last used our platform.
- Apps, websites, and third-party integrations on or using our Platform: When you choose to use third-party apps, websites, or other services that use, or are integrated with, our platform, they can receive information about what you post or share. Also, when you download or use such third-party services, they can access your public profile on Gratiu, and any information that you share with them. Apps and websites, you use may receive your list of Gratiu friends if you choose to share it with them. Information collected by these third-party services is subject to their own terms and policies, not this one.
- New owner: If the ownership or control of all or part of our Platform or their assets changes, we may transfer your information to the new owner.
Devices and operating systems providing native versions of Gratiu (i.e. where we have not developed our own first-party apps) will have access to all information you choose to share with them, including information your friends share with you, so they can provide our core functionality to you.
Sharing with Third-Party Partners
We work with third-party partners who help us provide and improve our platform and products, which makes it possible to operate our companies and provide free services to people around the world.
We don’t sell any of your information to anyone, and we never will. We also impose strict restrictions on how our partners can use and disclose the data we provide. Here are the types of third parties we share information with:
- Partners who use our analytics services: We provide aggregated statistics and insights that help people and businesses understand how people are engaging with their posts, listings, pages, videos and other content on and off the Gratiu platform. For example, page admins and business profiles receive information about the number of people or accounts who viewed, reacted to, or commented on their posts, as well as aggregate demographic and other information that helps them understand interactions with their page or account.
- Measurement partners: We share information about you with companies that aggregate it to provide analytics and measurement reports to our partners.
- Vendors and service providers: We provide information and content to vendors and service providers who support our business, such as by providing technical infrastructure services, analyzing how our platform is used, providing customer service, facilitating payments or conducting surveys.
- Law enforcement or legal requests: We share information with law enforcement or in response to legal requests in the circumstances outlined below.
How can I manage or delete information about me?
We provide you with the ability to access, rectify, port and erase your data by contacting us at firstname.lastname@example.org.
We store data until it is no longer necessary to provide our services and Gratiu Platform, or until your account is deleted – whichever comes first. This is a case-by-case determination that depends on things like the nature of the data, why it is collected and processed, and relevant legal or operational retention needs.
When you delete your account, we delete things you have posted, such as your photos and status updates, and you won’t be able to recover that information later. Information that others have shared about you isn’t part of your account and won’t be deleted. To delete your account, please send an email to email@example.com.
How do we respond to legal requests or prevent harm?
We access, preserve and share your information with regulators, law enforcement, or others:
- In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the United States when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.
- When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of the platform or app, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property, app or platform), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm. For example, if relevant, we provide information to and receive information from third-party partners about the reliability of your account to prevent fraud, abuse and other harmful activity on and off our platform and app.
- Information we receive about you (including financial transaction data related to purchases made with Gratiu) can be accessed and preserved for an extended period when it is the subject of a legal request or obligation, governmental investigation, or investigations of possible violations of our terms or policies, or otherwise to prevent harm. We also retain information from accounts disabled for terms violations for at least a year to prevent repeat abuse or other term violations.
How do we operate and transfer data as part of our global services?
We share information globally, both internally within the Gratiu Companies, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the services set forth in the Gratiu Terms and to globally operate and provide our platform to you. We utilize standard contract clauses, rely on the European Commission’s adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries.
How will we notify you of changes to this policy?
We’ll notify you before we make changes to this policy and give you the opportunity to review the revised policy before you choose to continue using our Platform.
How to contact Gratiu with questions:
If you have questions about this policy, you can contact us by email at firstname.lastname@example.org.
We may resolve disputes you have with us in connection with our privacy policies and practices through Carson, LLP. You can contact Carson, LLP at email@example.com.Contact U
Cookies & Other Storage Technologies
Cookies are small pieces of text used to store information on web browsers. Cookies are used to store and receive identifiers and other information on computers, phones, and other devices. Other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, are used for similar purposes. In this policy, we refer to all of these technologies as “cookies.”
Cookies help us provide, protect and improve the Gratiu platform, such as by personalizing content, tailoring and measuring ads, and providing a safer experience. While the cookies that we use may change from time to time as we improve and update the Gratiu platform, we use them for the following purposes:
We may place cookies on your computer or device, and receive information stored in cookies, when you use or visit:
- The Gratiu Platform;
- Platform provided by other members of the Gratiu Companies; and
- Browser cookie controls: Your browser or device may offer settings that allow you to choose whether browser cookies are set and to delete them. For more information about these controls, visit your browser or device’s help material. Certain parts of the Gratiu platform may not work properly if you have disabled browser cookie use.
Terms of Service
These Terms govern your use of Gratiu and the platform, features, apps, services, technologies, and software we offer (the Gratiu platform), except where we expressly state that separate terms (and not these) apply.
- Empower you to express yourself and communicate about what matters to you: There are many ways to express yourself on Gratiu and to communicate with friends, family, and others about what matters to you – for example, sharing status updates, photos, videos, and stories across the Gratiu platform you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile.
- Combat harmful conduct and protect and support our community: People will only build community on Gratiu if they feel safe. If we learn of content or conduct like this, we will take appropriate action. -For example, offering help, removing content, blocking access to certain features, disabling an account, or contacting law enforcement. We share data with other Gratiu Companies when we detect misuse or harmful conduct by someone using one of our products.
- Research ways to make our services better: We engage in research and collaborate with others to improve our platform. One way we do this is by analyzing the data we have and understanding how people use our platform and app.
- Provide consistent and seamless experiences across the Gratiu platforms: Our platforms help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different Gratiu platforms that you use. For example, we use data about the people you engage with on Gratiu to make it easier for you to connect with them on chat, and we enable you to communicate with a business you follow on Gratiu through chat as well.
- Enable global access to our services: To operate our global service, we need to store and distribute content and data in our data centers and systems around the world, including outside your country of residence. This infrastructure may be operated or controlled by Gratiu, Inc., or its affiliates.
Our Data Policy and Your Privacy Choices
To provide these services, we must collect and use your personal data. We detail our practices in the Data Policy, which you must agree to in order to use our platform.
Your Commitments to Gratiu and Our Community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
Who can use Gratiu?
When people stand behind their opinions and actions, our community is safer and more accountable. For that reason, you must:
- Be honest about who you are.
- Provide accurate information about yourself.
- Create only one account (your own).
- Not share your password, give access to your Gratiu account to others, or transfer your account to anyone else (without our permission).
We try to make Gratiu broadly available to everyone, but you cannot use Gratiu if:
- You are under 13 years old.
- We previously disabled your account for violations of our terms or policies.
- You are prohibited from receiving our Platform, services, or software under applicable laws.
What you can’t do or share on Gratiu:
We want people to use Gratiu to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Platform to do or share anything:
- That violates these Terms, our Culture Code, or other terms and policies that apply to your use of Gratiu.
- That is unlawful, misleading, discriminatory or fraudulent.
- That infringes or violates someone else’s rights.
- Anything intentionally divisive or hurtful.
- Any pictures or videos containing nudity (except for non-sexualized, artistic content), violence, or negative graphic pictures depicting animals, people, places or things.
- Any videos, photos, or GIFs that depict racial, marital, age, religious, sex, familial, or sexual orientation discrimination of any kind except in cases where the content’s primary intention is to educate
- You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Platform.
- You may not access or collect data from our platform using automated means (without our prior permission) or attempt to access data you do not have permission to access.
- Gratiu is not a platform for political debate, trolling or bullying. Please be sure to keep any political posts positive and keep in mind that your audience is looking for a safe and positive place to be social.
- Please keep in mind that all words, pictures, videos and GIFs can have an effect on others. All words have a certain vibration.
We can remove content you share in violation of these provisions and, if applicable, we may take action against your account, for the reasons described below. We may also disable your account if you repeatedly infringe other people’s intellectual property rights.
To help support our community, we encourage you to report any content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies in the app or by emailing us at firstname.lastname@example.org.
The permissions you give us:
We need certain permissions from you to provide our services:
- Permission to use content you create and share: You own the content you create and share on Gratiu, and nothing in these terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. To provide our services, though, we need you to give us some legal permissions to use that content.
Specifically, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our platform, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you share a photo on Gratiu, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other Gratiu platform you use.
You can end this license any time by deleting your content or account. You should know that, for technical reasons, content you delete may persist for a limited period in backup copies (though it will not be visible to other users). In addition, content you delete may continue to appear if you have shared it with others and they have not deleted it.
If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this section on your behalf.
- Permission to update software you use or download: If you download or use our software, you give us permission to download and install upgrades, updates, and additional features to improve, enhance, and further develop it.
Limits on using our intellectual property:
If you use content covered by intellectual property rights that we have and make available in our platform (for example, images, designs, videos, or sounds we provide that you add to content you create or share on Gratiu), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
Updating our Terms
We work constantly to improve our services and develop new features to make our platform better for you and our community. As a result, we may need to update these terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these terms and give you an opportunity to review them before they go into effect. Once any updated terms are in effect, you will be bound by them if you continue to use our platform.
We hope that you will continue using our platform, but if you do not agree to our updated terms and no longer want to be a part of the Gratiu community, you can delete your account at any time.
Account suspension or termination
We want Gratiu to be a place where people feel welcome and safe to express themselves and share their positive thoughts and ideas.
If we determine that you have violated our terms or policies, we may take action against your account to protect our community and services, including by suspending access to your account or disabling it. We may also suspend or disable your account if you create risk or legal exposure for us or when we are permitted or required to do so by law. Where appropriate, we will notify you about your account the next time you try to access it.
If you delete or we disable your account, these terms shall remain as an agreement between you and us.
Limits on Liability
We work hard to provide the best platform we can and to specify clear guidelines for everyone who uses them. Our platform and app, however, are provided “as is,” and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. 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 do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our platform. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you 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 or the Gratiu platform/app, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these terms or the Gratiu platforms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it’s useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Gratiu Platform (“claim”), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Indiana in Allen County. You also agree to submit to the personal jurisdiction of this court for the purpose of litigating any such claim, and that the laws of the State of Indiana will govern these Terms and any claim, without regard to conflict of law provisions.
- These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Gratiu, Inc. regarding your use of our platform/app. They supersede any prior agreements.
- Some of the programs we offer are also governed by supplemental terms. If you use any of those programs, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our platform for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or page for your business, or using our measurement services, you must agree to our Commercial Terms (below). If you post or share content containing music, you must comply with our Music Guidelines (below). To the extent any supplemental terms conflict with these terms, the supplemental terms shall govern to the extent of the conflict.
- If any portion of these terms are found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these terms, it will not be considered a waiver. Any amendment to or waiver of these terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these terms to anyone else without our consent.
- You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These terms do not confer any third-party beneficiary rights. All of our rights and obligations under these terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- We always appreciate your feedback and other suggestions about our platform and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
- We reserve all rights not expressly granted to you.
These supplemental terms apply if you post or share any videos or other content containing music on any Gratiu platform. You are responsible for the content you post.
People use our Platform to share content with their family and friends. Keep in mind you remain solely responsible for the content that you post, including any music that features in that content. Nothing in these terms constitutes any authorization by us with respect to any use of music on any of our Platform.
Use of music for commercial or non-personal purposes in particular is prohibited unless you have obtained appropriate licenses. Unauthorized content may be removed.
If you post content that contains music owned by someone else, your content may be blocked, or may be reviewed by the applicable rights owner and removed if your use of that music is not properly authorized. You may not be able to post or access videos containing music in every country of the world.
We want you to be able to share videos with your family and friends wherever they are, but any music in your video, if it is allowed at all, may not be available in all countries of the world.
Other terms and policies that may apply to you:
Confidentiality and Non-Disclosure Agreement
Notice from GRATIU, LLC to “User” for purposes of this agreement is equal to all of the following: (“User/Developer/Consultant/Investor/Adviser/Human”): In order to engage in the preliminary, post preliminary, and the ever-changing product/platform/beta of Gratiu.com (prior to official launch and post launch), I (“User”) enter into this Confidentiality and Non-Disclosure Agreement (“Agreement”). It is further understood that I, the (“User”), will not copy, infringe upon, or use the content of this site to compete with or start a site that would directly compete with the mission, purpose or design of Gratiu.com.
It comes now that the user understands that “user” also refers to “advisor”. Advisor is someone who exchanges information for the benefit of the site or the company Gratiu, LLC. The advisor is not entitled to any compensation for advisement or any advice or suggestions used in the final product that is gratiu.com.
User hereby agrees that all knowledge and information that it learns or gains from Gratiu.com or its subsidiaries in the course of its engagement hereunder, which knowledge and/or information is not publicly known and which was not known by User without restriction prior to this engagement or any previous engagement, regardless of the form in which such information may be contained or communicated (including, but not limited to, documents, drawings, tangible items, and photographs), is the exclusive, confidential and proprietary information of Gratiu.com or its subsidiaries, or in some cases, of its or their vendors or customers who have entrusted the same to Gratiu.com or its subsidiaries (said knowledge and information hereinafter being referred to collectively as “Proprietary Information”). User agrees it will not disclose any proprietary information to any non-party to this Agreement.
User represents that none of its employees, subcontractors, friends, or family have any rights to any engagement with Gratiu.com or Gratiu, LLC, under this engagement/invitation. User agrees that all employees, subcontractors, friends, and/or family shall sign a form approved by Gratiu, LLC before use of the Gratiu.com site.
“Proprietary Information” shall specifically include all work/exchange of ideas/offers of advice regarding product arising out this Agreement.
User hereby agrees that all inventions, discoveries, improvements, software, specifications, website, website design (including drafts, ideas, concepts and work in progress) and any code written by Gratiu, LLC for the purpose of design or function of the website, and documentation, designs, methods, writings, compilations of information, and/or materials regardless of whether such materials are subject to protection as intellectual property in the United States, whether under the laws of patents, copyrights, and/or trade secrets, (hereinafter referred to in the aggregate as “Inventions”) that are conceived, designed, practiced, prepared, produced or developed by it, either alone or in concert with others in the course of its engagement hereunder, shall be the sole and exclusive property of Gratiu, LLC, including all Inventions existing on the date of this Agreement and in the future.
As a condition to the Proprietary Information being furnished to it, User agrees that such materials will be kept strictly confidential and will be used solely for the purpose of evaluating the scope of the site, and shall not disclose the confidential information to any outside persons, apart from those persons (“Representatives”) who need the information to determine the scope of the work, and create a proposal and/or enter into a Consulting Agreement with Gratiu, LLC, it being understood and agreed that User will cause its Representatives to treat such Proprietary Information in a confidential manner and in accordance with the terms hereof.
For the purposes of this Agreement, “Proprietary Information” includes information furnished before or after the date of this Agreement for the purpose of evaluating the merits of the Proposed Transaction, whether written, electronic or oral, including identities of suppliers and contacts.
“Proprietary Information” also includes any and all “Confidential Information” of Gratiu, LLC.
User agrees that neither it nor any of its Representatives will disclose to any other person that it or its Representatives have received or furnished any Proprietary Information.
In the event that User is requested or required to disclose any Proprietary Information in connection with any judicial or administrative proceedings, it will promptly notify Gratiu, LLC prior to the making of such disclosure. User agrees, to the extent legally permissible, to provide Gratiu, LLC, in advance of any such disclosure, with copies of any Proprietary Information it intends to disclose and to cooperate with Gratiu, LLC to the extent it may seek to limit such disclosure.
On the notification of Gratiu, LLC that it chooses to terminate discussions regarding the proposed work, User will promptly deliver to Gratiu, LLC all copies of Proprietary Information, including any notes relating thereto, without retaining any written or electronic copy thereof, unless the parties agree to extend this Agreement in writing. Notwithstanding such delivery of Proprietary Information, each party will continue to be bound by its obligations hereunder.
The parties acknowledge and agree that the Proprietary Information is the confidential property, trade secret information of Gratiu, LLC and that the unauthorized use or disclosure of the Proprietary Information would cause irreparable harm and significant injury for which Gratiu, LLC would not have an adequate remedy at law. Therefore, the parties agree that in the event of any violation of this Agreement, without limiting any other rights and remedies which may otherwise be available to Gratiu, LLC, an injunction may be sought against User for a breach or threatened breach of this Agreement.
Survival of These Terms
In the event that Gratiu, LLC and User agree to the terms, the provisions relating to Proprietary rights and Proprietary Information, and Confidential Information shall survive whether or not incorporated into any subsequent agreement.
Nothing in this Agreement can be waived or amended except by the written consent of each of the parties, which consent must specifically refer to this paragraph (or such other provisions) and explicitly make such waiver or amendment.
This Agreement will benefit and bind successors and assigns of the parties. Any assignment of this Agreement by a party without the prior written consent of the other party will be void.
No failure or delay by any party in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder.
Without prejudice to any rights to judicial relief that the parties may otherwise have, each party will be entitled to equitable relief, including injunction, in the event of a breach of this Agreement. The parties agree that neither one of them will oppose the granting of such relief on the basis that the party seeking such relief has an adequate remedy at law, and that neither one of them will seek and will agree to waive any requirement for the securing or posting of a bond in connection with the other party’s seeking or obtaining such relief. In the event of litigation relating to this Agreement, if a court of competent jurisdiction determines that a party to this Agreement has breached this Agreement, then the party found to be in breach will be liable to pay to the other party the reasonable legal fees incurred by such other party in connection with such litigation, including any appeal therefrom.
If any provision of this Agreement is finally held to be invalid, illegal or unenforceable (whether in whole or in part), such provision will be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability, and the remaining provisions will not be affected thereby.
This Agreement may be executed in counterparts, each of which will be deemed to be an original and all of which together will constitute one and the same instrument.
Gratiu Commercial Terms
The Gratiu Terms and these terms (the “Gratiu Commercial Terms” or “Commercial Terms”) apply to access or use of the Gratiu platform (or App) for any business or commercial purpose (except where we state that separate terms (and not these) apply to such access or use of a Gratiu product). This includes, but is not limited to, buying ads, selling products, developing apps, managing a group or page for a business, or using our measurement services.
You agree that you will ensure that any third party on whose behalf you access or use any Gratiu Product for any business or commercial purpose (except, again, where we state that separate terms (and not these) apply to such access or use) is bound by the terms, these Commercial terms and any applicable supplemental terms, and you represent and warrant that you have the authority to bind that third party to such terms.
These Commercial Terms require the resolution of most disputes between you and us by binding arbitration on an individual basis; class actions and jury trials are not permitted.
Note: we have updated the Statement of Rights and Responsibilities, including changing its name to the Gratiu Terms of Service. For purposes of these Commercial Terms, references in existing terms or agreements to (i) “the Statement of Rights and Responsibilities,” “Statement,” or “SRR,” shall now mean the Gratiu Terms or Terms and (ii) “Gratiu” (when used to refer to our Platform and services) or “Gratiu Services” or “Services” shall now mean Gratiu Platform.
- Licenses: As described in “The permissions you give us” section in our terms, you grant us a license to content that is covered by intellectual property rights (like photos or videos) you share, post, or upload on or in connection with our platform. For any access or use of the Gratiu platform for business or commercial purposes, that license applies to content you or someone on your behalf (such as your agency that places an ad for you or your service provider that manages your page content for you) makes available on or in connection with any Gratiu product.
You also will ensure that you own or have secured all rights necessary to grant the licenses and rights you (or someone on your behalf) grant to us under the Commercial terms and any applicable supplemental terms, including permission to display, distribute and deliver your content within Gratiu Platform.
- Compliance with law: You represent and warrant that your access or use of the Gratiu platform for business or commercial purposes complies with all applicable laws, rules, and regulations. You further represent that you will restrict access to your content and apps in accordance with all applicable laws, rules, and regulations, including geo-filtering or age-gating access where required.
In addition to and without limiting the requirements about who can use the Gratiu platform under our terms, if you are located in a country that is subject to embargo under the laws of the United States (or under similar laws applicable to you) you may not engage in commercial activities on Gratiu platform unless authorized by applicable laws. If you are on the U.S. Treasury Department’s list of Specially Designated Nationals (or an equivalent lists), you may not engage in commercial or business activities on the Gratiu Platform (such as advertising or payments). You also may not access or use the Gratiu Platform if you are prohibited from receiving products, services, or software under applicable law.
- Limits on liability: In addition to and without limiting the scope of the “Limits on liability” section in our Terms, you agree that we are not responsible for the actions, services, content, or data of third parties and you release us, our directors, officers, employees, and agents from any claims and damages, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.
If you are a California resident, you agree to waive California Civil Code § 1542, which says:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Our aggregate liability arising out of or relating to any access or use of the Gratiu Platform for business or commercial purposes, the Terms (for any access or use of the Gratiu Platform for business or commercial purposes), or these Commercial Terms shall not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months.
If anyone brings a claim, cause of action, or dispute against us related to your services, actions, content or information on Gratiu or the Gratiu App, you agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute.
- Dispute resolution
If you reside outside the US or your business is located outside the US: You agree that any claim, cause of action, or dispute you have against us that arises out of or relates to any access or use of the Gratiu Platform for business or commercial purposes must be resolved exclusively in the U.S. District Court for the Northern District of Indiana, that you submit to the personal jurisdiction of this court for the purpose of litigating any such claim, and that the laws of the State of Indiana will govern these Commercial Terms and any such claim, without regard to conflict of law provisions.
If you reside in the US or your business is located in the US: You and we agree to arbitrate any claim, cause of action, or dispute between you and us that arises out of or relates to any access or use of the Gratiu platform/app for business or commercial purposes (“commercial claim”). This provision does not cover any commercial claims relating to violations of your or our intellectual property rights, including, but not limited to, copyright infringement, patent infringement, trademark infringement, violations of the brand usage guidelines, violations of your or our confidential information or trade secrets, or efforts to interfere with our platform or engage with our platform in unauthorized ways (for example, automated ways).
We and you agree that, by entering into this arbitration provision all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING COMMERCIAL CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a commercial claim only on your own behalf and cannot seek relief that would affect other parties. If there is a final judicial determination that any particular commercial claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then only that commercial claim (or only that request for relief) may be brought in court. All other commercial claims (or requests for relief) remain subject to this paragraph.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. All issues are for an arbitrator to decide, except that only a court may decide issues relating to the scope or enforceability of this arbitration provision or the interpretation of the prohibition of class and representative actions.
If any party intends to seek arbitration of a dispute, that party must provide the other party with notice via email. This notice of dispute to us must be sent to the following email address: email@example.com
The arbitration will be governed by the AAA’s Commercial Arbitration Rules (“AAA Rules”), as modified by these Commercial Terms, and will be administered by the AAA. If the AAA is unavailable, the parties will agree to another arbitration provider or the court will appoint a substitute. The arbitrator will not be bound by rulings in other arbitrations in which you are not a party. To the fullest extent permitted by applicable law, any evidentiary submissions made in arbitration will be maintained as confidential in the absence of good cause for its disclosure. The arbitrator’s award will be maintained as confidential only to the extent necessary to protect either party’s trade secrets or proprietary business information or to comply with a legal requirement mandating confidentiality. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that we will pay for your filing, administrative, and arbitrator fees if your commercial claim for damages does not exceed $25,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If you do not wish to be bound by this provision (including its waiver of class and representative claims), you must notify us as set forth below within 30 days of the first acceptance date of any version of these Commercial Terms containing an arbitration provision. Your notice to us under this subsection must be submitted to the email address here: firstname.lastname@example.org
All commercial claims between us, whether subject to arbitration or not, will be governed by Indiana law, except to the extent that Indian law is contrary to or preempted by federal law.
If a commercial claim between you and us is not subject to arbitration, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of Indiana located in Allen County, and that you submit to the personal jurisdiction of this court for the purpose of litigating any such claim.
If any provision of this dispute resolution provision is found unenforceable, that provision will be severed, and the balance of the dispute resolution provision will remain in full force and effect
We may need to update these Commercial Terms from time to time, including to accurately reflect the access or uses of our platform for business or commercial purposes, and so we encourage you check them regularly for any updates. By continuing any access or use of any Gratiu platform for business or commercial purposes after any notice of an update to these Commercial Terms, you agree to be bound by them. Any updates to the Disputes section of these Commercial Terms will apply only to disputes that arise after notice of the update takes place. If you do not agree to the updated terms, please stop all access or use of our Platform for business or commercial purposes.
- Conflicts and supplemental terms: If there is a conflict between the Commercial Terms and the Gratiu Terms, the Commercial Terms shall govern with respect to your access and use of the Gratiu platform and app for business or commercial purposes to the extent of the conflict.
Supplemental terms and policies may also apply to your use of certain products. To the extent those supplemental terms conflict with the Commercial Terms, the supplemental terms will govern with respect to your use of those products to the extent of the conflict. For example:
- If you use the Gratiu platform, you must agree to the Gratiu Terms of Service, Privacy and Data Policies. By “Platform” we mean a set of APIs, SDKs, plugins, code, specifications, documentation, technology, and services (such as content) that enable others, including application developers and website operators, to retrieve data from Gratiu or any other Gratiu platform or provide data to us.
- As with our Commercial Terms, we may make changes to these supplemental terms. By continuing to access or use any Gratiu Platform subject to supplemental terms after notice of any update to the supplemental terms, you agree to be bound by them.
- The Gratiu Terms, these Commercial Terms, and other applicable supplemental terms make up the entire agreement between the parties regarding access or use of the Gratiu platform for any business or commercial purpose and supersede any prior agreements.
- If any portion of these Commercial Terms are found to be unenforceable, then (except as otherwise provided) that portion will be severed, and the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Commercial Terms, it will not be considered a waiver.
- Any amendment to or waiver of these Commercial Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Commercial Terms to anyone else without our consent.
- These Commercial Terms do not confer any third-party beneficiary rights.
- You consent that Gratiu may disclose your advertising content and page posts (“commercial content”), and all information associated with such content your advertising, including information associated with the delivery of that content, in response to valid legal process related to an electoral matter or to a governmental entity or body if Gratiu believes that disclosure would assist in a lawful investigation.
- All of our rights and obligations under these Commercial Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Commercial Terms shall prevent us from complying with the law.
- We reserve all rights not expressly granted to you.
Thank you for reading our terms & conditions. If you have any questions, feel free to send an email to email@example.com.