Terms of Use

v1.0 Last updated on June 12th, 2023

1. Definitions

1. "Services" shall collectively mean the Playdate.help application or any of our services.
2. "Service" shall mean the Playdate.help web application and its SMS and e-mail functions.
3. "We", "Us", "PlayDateOrg", and "Our" shall refer to the Organizations and individuals providing the Service to You, including Lilith River.
4. "Agreement" shall refer to these Terms Of Use

2. Acceptance of Terms

1. By accessing or using the Services, you agree to be bound by these Terms of Use and our [Privacy Policy]. These Terms affect your legal rights and obligations, so if you do not agree to these Terms, please do not use the Services.

2. By using our Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in these Terms.

3. We reserve the right, at our sole discretion, to change or modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending you a notification, providing notice through the Services, and/or updating the "Last Updated" date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. If you do not agree to the amended Terms, you must stop using the Services.

4. If you violate these Terms, we reserve the right to deactivate your account or terminate these Terms, at our sole discretion, at any time and without notice or liability to you. Upon any such termination, we may delete Your Content (as defined below) and other information related to your account. You may cancel your account at any time by utilizing the delete household and delete profile features within the application.

5. Please read these Terms carefully, and feel free to contact us if you have any questions. Welcome!

3. Contact Information

If you have any questions about this Agreement, please contact us via e-mail at lilith@imazen.io.

Physical mail can be sent to the following mail forwarding service:

Imazen LLC ATTN: Playdate.HELP 2093 PHILADELPHIA PIKE #1555 CLAYMONT, DE 19703

4. Description Of Services

We are providing an application (the "Service") aimed at simplifying the process of sharing schedules by making it quick to broadcast (via SMS) your availability to friends you've added to your circle. By automating some of the awkward away, we hope to promote more social time for children.

The Service is designed to assist parents and guardians ("users", "you") in determining overlaps in free time between their children's schedules and their friends'. Children may not access or log into the service. The service does not perform any identity verification beyond confirming the validity of phone numbers through a confirmation link. The service does not offer searchability to connect with people unless you know their phone number. The service does not store actual meetings.

Our Service includes the following key features:

1. Schedule Management: Users can easily create, edit, and view schedules to facilitate the organization of play dates. Users can attach emoticons to highlight periods they need coverage for as well as notes for specific openings. Our platform helps identify potential overlaps in free time between different households.

2. Circle of Friends: Users can create a circle of friends - a list of other households that they (their household) are friends with. This circle serves as a primary source for potential play dates. Users can invite friends to join their circle and vice versa.

3. Household Management: Users, specifically adults in a household, have full control over the management of their household information. This includes editing the household nickname and public notes/FAQ, adding/removing/editing children’s information, inviting or removing other adults to manage the household, and more.

4. Sharing of Information: Upon accepting a friend invite from another household (or inviting another household to join their circle), users agree to share their household's schedule and notes, nickname, household's parents' names, parents' numbers, parent's notification status, children's names, dates of birth, and pronouns with that household. The Privacy Policy outlines the information that is collected and shared. This Shared Information helps friends in the circle to view and understand the availability of each household for play dates.

5. SMS Based Authentication and Communication: We have adopted an SMS-based system for login and communication, offering a user-friendly and secure experience. By entering your phone number, you can receive a login link via SMS. This same channel is also used to broadcast texts to parents when you're free and send reminders to update schedules.

6. Automatic Reminders: The Service offers automated reminders that help parents remember to fill out their schedules, keeping the system updated and functional.

7. Schedule broadcasts The Service offers automated SMS broadcasts to parents in your circle when you're free, helping to facilitate the scheduling of play dates.

8. Password-free security The Service exclusively uses SMS-based authentication (Magic Links) and does not use or store passwords, in order to keep user data safe. Using a login link sent to your phone will open your browser and set a cookie that will keep you logged in. This cookie is not accessible to other websites and is only used to keep you logged in to the Service.

5. Registration

1. During registration, you will be required to affirm that you are over 18 years of age and that you have read the Terms of Use and this Privacy Policy. The Services are exclusively for the use of adults and guardians and may not be used by minors.

2. To use the Service, you are required to register an account. When you register for an account, you may be required to provide us with some information about yourself, such as your phone number, first and last name, and other contact information. You agree that the information you provide to us is accurate, and that you will not register for an account on behalf of an individual other than yourself or otherwise impersonate any other person.

3. Upon registration, you will use your phone number to receive a magic login link for authentication. This number must be valid and under your control. We use this for account access and to provide you with necessary updates and notices. Please note that if you change your phone number, you will need to create a new account. You can maintain your household by logging in to your old account and adding your new account to the household. Then log into the new account and remove the old account from the household to prevent a potential new recipient of that phone number from accessing your household.

4. Users who create an account must be at least 18 years old. We do not knowingly collect information from children under the age of 13. If we discover that we have collected information from a child under 13 years of age, we will delete that information immediately.

5. It is important that you maintain the confidentiality of your account, including any login link sent to your phone. You agree to notify us immediately of any unauthorized use of your account, loss of your phone number, or any other breach of security. You may be held liable for any loss or damage from your failure to protect your account information.

6. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading, or to reclaim any username that you create through the Service that violates our Terms of Use. If you have any questions about your account setup or the registration process, please contact us at the email address provided on our website.

6. User Responsibilities

As a user of the Services, you have a responsibility to maintain the integrity and safety of our community. By agreeing to these Terms, you commit to a conduct that fosters a positive, respectful, and inclusive environment.

Your responsibilities include:

1. Legal Compliance: You are responsible for ensuring that your use of the Services complies with all local, state, national, and international laws, rules, and regulations. You may not use the Services or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Us or others.

2. Account Security: You are responsible for maintaining the confidentiality of your account login information, and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3. Content Accuracy: You are responsible for all the information you provide to the Services. You agree that all information you provide is true, accurate, current, and complete.

4. Respectful Conduct: You are expected to treat all members of the community with respect and kindness. Disrespectful, discriminatory, or abusive behavior is not tolerated.

5. Unauthorized Access: You may not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any of Our servers, or to any of the services offered on or through the Services, by hacking, password "mining", or any other illegitimate means. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Us on or through the Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

6. Interference: You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Our systems or networks, or any systems or networks connected to the Services or to Us. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service.

Breaches of these responsibilities and code of conduct may result in the termination of your account at our sole discretion.

Remember, your use of the Service is not only about adhering to these responsibilities but also about fostering a community of kindness and openness. We count on you to help us achieve this goal.

7. Termination of Service

1. By User: You may terminate your account and end your use of the Service at any time and for any reason by logging into the application and using the "Delete Household" and "Delete Profile" features. Please note that if you choose to delete your account, all of your data including your schedule, household information, children's information, and friend connections will be deleted from our servers and may not be recoverable in the future. You acknowledge that We are not liable to you or any third party for any losses or damages that may result from your termination of your account. You acknowledge that even after your account is terminated some information may remain in our records for some time for compliance with legal obligations or for administrative purposes to the extent permitted by law. You acknowledge that SMS messages sent to you or others cannot be deleted or recalled.

2. By Us: We reserve the right, at our sole discretion, to suspend or terminate your use of the Service, at any time and for any reason, including but not limited to your violation of these Terms. If we suspend or terminate your use of the Service for any reason, we will attempt to notify you in advance; however, unless required by law, advance notice to you is not guaranteed.

Termination or suspension of your account could include disabling your access to the Service or any part thereof including any content you submitted or others submitted. You acknowledge that We are not liable to you or any third party for any termination or suspension of your access to the Service.

Please note that even after your account is terminated some information may remain in our records for some time for compliance with legal obligations or for administrative purposes to the extent permitted by law.

3. Effect of Termination: Upon termination of your account, all licenses and rights to use the Service will immediately terminate. You will no longer be able to access your account or retrieve any of the content or data you have added.

4. Agreement Remains in Effect: Even after termination of your account, certain terms will remain in effect, including but not limited to, the sections related to content ownership, dispute resolution, limitation of liability, and general legal terms.

By using the Services, you consent to the terms of this Termination policy.

8. Intellectual Property Rights

1. While the source code for some or all of the Service is released under the terms of the GNU Affero General Public License version 3.0 (AGPL-3.0), this does not give users the right to use the names, logo, or other intellectual property of the Services beyond the requirements of the license.

2. The trademarks, service marks, trade names, trade dress and logos contained or described here (the "Trademarks") are the sole property of PlayDateOrg and/or its affiliates or licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of PlayDateOrg and/or its affiliates or licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of PlayDateOrg and may not be copied, imitated or used, in whole or in part, without Our prior written authorization.

3. While you have the freedom to modify and distribute any source code of the Services if such source code is provided under an open-source license, any product derived from that source code must not give the impression of being endorsed or maintained by Use, unless explicit permission is given. This means that you may not use the name or logo of the Services, or any other proprietary graphic or trademark as part of the link without Our express written permission.

9. Limitation of Liability, Disclaimer of Warranties, and Indemnification

By using the Services, you agree to the following:

1. Limitation of Liability: To the maximum extent permitted by applicable law, we, including its developers, administrators, and affiliates, shall not be held liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. This includes, but is not limited to:

   • The use or inability to use the Service
   • Unauthorized access to or alteration of your information
   • Any content or conduct of any third party on the Service
   • Any errors, mistakes, or inaccuracies in the Service
   • Any interruption or cessation of the Service
   • Any bugs, viruses, or other malicious code that may be transmitted to or through the Service
   • Personal injury or property damage resulting from your access to or use of our Service

2. Indemnification: You agree to defend, indemnify and hold us harmless from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use or misuse of the Service, violation of any terms or policies, or infringement of any rights of another person or entity.

3. Third-Party Services: We are not responsible for the actions, privacy practices, or content of any third-party services used in conjunction with the Service, including any damages, losses, or injuries arising from their use.

4. Disclaimer of Warranties: We provide the Service on an "as is" and "as available" basis, with all faults and without any warranty of any kind. We do not guarantee the accuracy, reliability, completeness, or timeliness of our Service or its content. We expressly disclaim all warranties, whether express, implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects in the Service will be corrected.

5. No Professional Advice: The content provided by the Service is for informational purposes only and should not be construed as professional advice. We are not responsible for any decisions made based on the information provided by the Service.

6. Severability: If any provision of the Terms of Use or Privacy Policy ("Agreements") is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreements will continue in full force and effect.

By using the Services, you acknowledge and agree to the limitations of liability, disclaimer of warranties, and the indemnification provisions described above. If you do not agree to these terms, please refrain from using the Service.

Governing Law and Jurisdiction

This Agreement and your use of the Service shall be governed by and construed in accordance with the laws of the state of Colorado, United States, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or relating to this Agreement or the use of the Service shall be exclusively brought in the state or federal courts located in the state of Colorado, and you hereby consent to the personal jurisdiction and venue of such courts.

Dispute Resolution

Informal Resolution: Before filing a claim against Us, we encourage you to contact us directly to seek a resolution. We will attempt to resolve the issue and avoid unnecessary conflict.

Arbitration Agreement:

1. Agreement to Arbitrate: You and PlayDateOrg agree to resolve any disputes relating to these Terms or the Service through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

2. Arbitration Procedures: The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. The arbitration shall take place in Colorado, or at another mutually agreed location.

3. Exceptions to Agreement to Arbitrate: Either you or We may assert claims, if they qualify, in small claims court in Colorado. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

4. No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement.

5. Time Limitation on Claims: You agree that any claim you may have arising out of or related to your relationship with Us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

By using the Service, you acknowledge that you have read, understand, and agree to this Dispute Resolution policy. If you do not agree, please do not use the Service.

Changes to Our Terms of Use and Privacy Policy

Our Terms of Use and Privacy Policy may change from time to time. We will post any privacy policy changes on this page. We will also keep prior versions of this document in an archive for your review.

By continuing to use the Service after those changes become effective, you agree to be bound by the revised Terms of Use and Privacy Policy.

Your Acceptance

By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Terms of Use and Privacy Policy, and you hereby consent that we will collect, use, and share your information as described herein. If you have any questions about these Terms of Use and Privacy Policy, please contact us.