Terms of Service

1. Acceptance of Terms

By accessing or using Elsewhere (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of the terms, you may not access the Service.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of any significant changes. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms.

3. Eligibility

3.1. You must be at least 13 years old to use the Service.

3.2. By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

4. Registration and User Accounts

4.1. You must register for an account using your real name and photo.

4.2. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

4.3. You are responsible for maintaining the security of your account and for any activities or actions under your account.

4.4. You must provide a valid phone number for account verification and agree to receive verification codes via SMS. You are responsible for maintaining access to this phone number.

4.5. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

5. User Content

5.1. You retain all rights in, and are solely responsible for, the content you post to the Service.

5.2. By posting content to the Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, modify, publicly perform, publicly display, reproduce, and distribute such content on and through the Service.

5.3. You represent and warrant that: (i) the content is yours or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6. Prohibited Content and Conduct

You agree not to engage in any of the following prohibited activities:

6.1. Post any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

6.2. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.

6.3. Upload, post, or transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships.

6.4. Upload, post, or transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

6.5. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.

6.6. Violate any applicable local, state, national, or international law.

7. Copyright Policy

7.1. We respect the intellectual property rights of others and expect users of the Service to do the same.

7.2. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

7.3. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
• Your contact information, including your address, telephone number, and an email address.
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

8. Privacy and Data Usage

8.1. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you.

8.2. The Service is fully encrypted to protect your data.

8.3. We may collect and use your contacts to help you connect with friends on the Service.

8.4. We reserve the right to change our data collection and usage practices in the future, and will provide notice of any significant changes.

9. User Interactions and Content Sharing

9.1. Users can share text and photos.

9.2. Users can interact by liking and publicly replying to content.

9.3. There are no public metrics visible to users regarding likes or replies on posts.

9.4. Users can only connect with people in their contacts list.

10. Reporting and Enforcement

10.1. Users can report inappropriate content or behavior through the provided channels in the Service.

10.2. We reserve the right to remove any content or suspend any user account that violates these Terms or is otherwise objectionable, at our sole discretion.

10.3. Accounts reported as fake or impersonating others will be subject to review and may be terminated.

11. Account Termination and Data Deletion

11.1. You may delete your account at any time through the Service settings.

11.2. Upon account deletion, we will delete all personal data associated with your account.

11.3. Accounts that are inactive for 6 months will be automatically deleted.

11.4. We reserve the right to terminate or suspend any account for violations of these Terms or for any other reason, at our sole discretion.

12. Disclaimers

12.1. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

12.2. We make no warranty that the Service will meet your requirements, be available on an uninterrupted, secure, or error-free basis, or be accurate, reliable, complete, legal, or safe.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE 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 ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Delaware, without regard to its conflict of law provisions. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

15. Changes to the Service

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

16. General Provisions

16.1. These Terms constitute the entire agreement between you and Elsewhere Technologies LLC concerning the Service.

16.2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.3. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in effect.

16.4. These Terms do not create any agency, partnership, joint venture, or employment relationship, and you may not present yourself as a representative, agent, or employee of Elsewhere Technologies LLC.

17. Contact Us

If you have any questions about these Terms, please contact us at support@elswhr.app or write to us at: