Terms of Service
Date of Last Revision: November 30th, 2023
Welcome to HeyGroup. We help groups create real-life experiences to promote stronger, happier, and healthier communities. With HeyGroup you can gather your people to create groups, make plans by creating events for groups you created or participate in, communicate via chat with your group or people going to an event, and track payments. We make it easier for group and event organizers to bring together groups, events, chat, and payments all in one place.
This is a binding agreement
Your license to use HeyGroup
Downloads and Software Updates
When you create your HeyGroup account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate.
Using HeyGroup requires that we initially download software to your computer, phone, tablet, or another device. You agree that we may automatically update that software and that these Terms and our policies will apply to any updates.
Age and legal capacity
You represent that you are at least 13 years of age and possess the legal capacity to enter into the agreement set forth in these Terms. No one under the age of 13 is allowed to use or access HeyGroup. Nor may you use HeyGroup if you lack the legal capacity to enter into contracts or it would be prohibited under U.S. law.
If you are a resident of the European Economic Area ('EEA'), you may only use HeyGroup if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of HeyGroup has been provided to us.
If you open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.
You own what you post
We refer to the events, photos, comments, links, and other content you post as "User Content." You retain all rights in and are solely responsible for, the User Content you post to HeyGroup.
While your content belongs to you, several important limitations apply:
First, User Content does not include your HeyGroup username. Should you or HeyGroup terminate your account, you do not retain any rights in the username you used. A new HeyGroup user may use the username in the future.
Second, you grant HeyGroup and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content for the purposes of using, accessing, operating, developing, and providing HeyGroup. Nothing in these Terms restricts other legal rights HeyGroup may have to User Content, for example under other licenses.
Third, we retain the right to remove or modify User Content or change the way it’s used in HeyGroup, for any reason. This includes User Content that in our judgment violates these Terms, our Community Rules, or any other policies.
Fourth, content you share with others on HeyGroup may continue to exist on HeyGroup even if you leave HeyGroup. We may backup, archive and retain your User Content even if you terminate or deactivate your account or delete or remove specific User Content. HeyGroup and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on HeyGroup.
If you post or visit a link posted on HeyGroup
We allow you, HeyGroup business accounts and advertisers to post links to third-party websites, information, materials, products, or services. Please do not post links in violation of our Community Rules. HeyGroup does not control nor endorses or assume any responsibility for these links. If you access any third-party website, service, or content from HeyGroup, you do so at your own risk. You accept and agree that HeyGroup has no liability arising from your use of or access to any third-party website, service, or content.
We appreciate user input on ways to make HeyGroup better. If you make any comments or suggestions to HeyGroup, you agree that we may act upon your feedback without any restriction or compensation to you.
HeyGroup doesn’t waive any rights to use similar or related feedback provided HeyGroup before or after your feedback, developed by HeyGroup’s employees, or obtained from sources other than you.
Keeping your account secure
While we cannot guarantee your account from hacking by an unauthorized party, we employ security measures to keep your account and content secure. You can help us by keeping your password to yourself. Let us know right away of any unauthorized use or compromise of your account.
HeyGroup Text Authentication
HeyGroup will send an SMS for authentication when you sign up or log in to HeyGroup. Please note that message and data rates may apply.
By using the HeyGroup Service, you are consenting to be contacted by HeyGroup or its affiliates or partners by text message, SMS and/or MMS message for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or the internal Do Not Call List of HeyGroup or its affiliates or partners. In the event you no longer wish to receive such text messages, you can reply to any text, SMS or MMS message you receive from us by texting “STOP” to cancel or “HELP” for customer support information.
There is no additional charge for telephonic communications, but your carrier’s standard message and data rates apply to any text messages, SMS or MMS messages you send or receive. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. We are not liable for any delays in the receipt of, or any failures to receive, any text messages, SMS or MMS messages, as delivery is subject to effective transmission by your mobile carrier and compatibility of your mobile device. Please contact your mobile carrier if you have any questions regarding these issues or your mobile data and messaging plan.
User Information Sharing: By using our Service, you acknowledge and agree that we may share certain user information with third-party advertisers and advertising networks to facilitate the delivery of relevant advertisements to you. This may include, but is not limited to, non-personally identifiable information such as usage data, preferences, and anonymized user data.
Opting Out: We value your privacy and understand that not all users may want to participate in our ad network. Thus, we provide an option for users to license a version of the product that will not utilize the advertising network, thereby opting out of receiving targeted advertisements.
User Licensing & Opt-Out Mechanism
Licensing Option: Users who wish to utilize our Service without participating in the ad network have the option to license a version of the product that will be free from targeted advertisements. Details, including pricing and features of the licensed version, will be available on our website.
Opt-Out Rights: Opting for a license does not degrade the functionality or user experience of the product, albeit it may come with a licensing fee. The process to opt-out and acquire a license will be made simple and user-friendly, ensuring that all users can easily navigate and understand their options.
User Data Integrity: Users who opt to license the product and opt out of the ad network will have their user experience and data treated with the utmost respect and integrity. No data from licensed versions will be utilized for ad targeting purposes, ensuring the privacy and integrity of user data.
Changes to Our Advertising Policy
We reserve the right to modify our advertising practices and this policy at any time. Any changes to our advertising practices and policy will be posted on our website and, where appropriate, we will notify you of any significant changes by email or through our Service.
To obtain help you may email us at: firstname.lastname@example.org
Our Service is protected by copyrights, trademarks, and other proprietary rights, and may not be used for any purpose or in any manner that infringes the rights of any third party.
We encourage you to report any content on HeyGroup that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on HeyGroup infringes your copyright, trademark, or other intellectual property rights, please contact us at email@example.com to submit your complaint.
We may suspend or terminate your license to access and use HeyGroup at any time and for any reason. Normally we provide notice and the reason for the termination or suspension. However, our termination or suspension may be immediate and without notice if in our sole judgment you committed a serious violation of these Terms or our policies.
You agree to indemnify, defend and hold harmless HeyGroup, LLC and its directors, officers, employees and agents, from any and all legal actions, demands, claims, losses, expenses or damages arising out of or in any way related to your access or use of HeyGroup or our Service (or any other person accessing or using HeyGroup through your account), your User Content, any breach of these Terms or violation of our policies.
In such circumstances, you agree we are entitled to payment from you for any judgment, our reasonable legal fees and all costs we incur to defend ourselves. Our right to indemnification survives any cancellation, termination, or suspension of your HeyGroup account.
Disclaimer and waiver of claims
We make no representations whatsoever as to the accuracy, usefulness, safety, or intellectual property rights of any information posted on HeyGroup or the HeyGroup software. Our Service, software, and all content on HeyGroup are provided "as is" and "as available" without warranties of any kind, either express or implied.
Your use of HeyGroup is at your own risk. We specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising out of the course of dealing or usage of trade.
We do not review User Content in advance of its posting. HeyGroup takes no responsibility and assumes no liability for any User Content that you or any other person or third-party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
This disclaimer and waiver of claims survive any cancellation, termination, or suspension of your HeyGroup account and termination of this Agreement.
Our liability is limited
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HeyGroup LLC AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE UNDER ANY THEORY OF LAW OR IN EQUITY FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR ANY BUSINESS INTERRUPTION, 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
THE USE OF INABILITY TO USE OUR SERVICE OR ITS CONTENT;
ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES;
UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT;
OR (III) ANY OTHER MATTER RELATING TO THE SERVICE OR THE CONTENT, EVEN IF HeyGroup HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, HeyGroup’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract.
HeyGroup isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you in writing.
This limitation of liability provision survives any cancellation, termination or suspension of your HeyGroup account and termination of this Agreement.
Arbitration and governing law
If a dispute arises with HeyGroup, please contact us. We will work to address it with you quickly and informally.
Should an informal resolution of the dispute prove impossible, you agree that any dispute, claim or controversy arising out of or relating to your access or use of HeyGroup or these Terms, including the determination of the scope or applicability of this provision, shall be determined by final, binding, and non-appealable arbitration.
Arbitration is a less expensive, and often quicker, means for parties to resolve their dispute than filing a lawsuit in a court of law. An independent and neutral arbitrator decides the case, not a judge or jury. The arbitration award is final and not subject to review by a court. Arbitrators, however, can award the same damages and relief that a court can award.
You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and Agreement, and that you and HeyGroup are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive the termination of this Agreement and the termination of your HeyGroup account. Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at http://www.adr.org.
Unless you and HeyGroup agree otherwise, the arbitration will be conducted in the City and County of San Mateo County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that HeyGroup will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND HeyGroup ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
To the extent any claim, dispute or controversy regarding HeyGroup or our Service isn’t arbitrable under applicable laws or otherwise: you and HeyGroup both agree that any claim or dispute regarding HeyGroup will be resolved exclusively in a California court governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.
If you're a consumer in the EEA, this arbitration provision does not apply to you.
We may modify these Terms
We are continually working to improve HeyGroup. As a result, our Terms may be modified, or we may publish new Terms at any time. Any modified and/or new Terms will become effective immediately upon posting. You agree that we may provide you notice of new or modified terms by posting them on the HeyGroup website and/or within the settings of the HeyGroup app. By continuing to access and use HeyGroup, you agree to be bound by the new or modified terms.
These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by HeyGroup without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
If you’re a consumer in the EEA, either you or HeyGroup may assign this agreement, and any rights and licenses granted under it, to a third party. In case of such an assignment by HeyGroup, you are entitled to terminate the agreement with immediate effect by deactivating your account. HeyGroup will provide you with reasonable notice of any such assignment.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and HeyGroup's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
These Terms are a contract between you and Get Together, Inc., 1748 Shattuck Ave. No. 130, Berkeley, CA 94709. Get Together Inc. is the company that owns HeyGroup.
The HeyGroup name, the HeyGroup logo and icon are owned by and used with the permission of HeyGroup LLC. The unauthorized use of any of these trademarks is strictly prohibited.
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