IRL Terms of Service

    Thank you for using IRL

    Welcome to the IRL network. We want to help you do more of what you love to do with the people you love - whether in person or remotely. Through IRL you can communicate with, make plans and develop deeper connections with your friends, family and other IRL users. We assist you in discovering the best live streaming and remote events on topics that interest you. We also customize IRL for you based on the information you provide us and your use of IRL. This allows us to recommend content we believe you will find relevant, useful and interesting.

    This is binding agreement

    Our Terms of Service ('Terms') govern access and use of our app, website, and other tools (collectively 'IRL' or the 'Service' or 'Services'). Each time you access or use IRL, you agree to be bound by these Terms, our Privacy Policy, our Community Guidelines and any additional terms that apply to you. If you do not agree to be bound by these Terms, please stop using IRL.

    Your license to use IRL

    We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service subject to these Terms, our Privacy Policy, Community Guidelines, and other policies, and applicable law.

    Downloads and Software Updates

    When you create your IRL 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 IRL requires that we initially download software to your computer, phone, tablet, or other 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 IRL. Nor may you use IRL 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 IRL 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 IRL has been provided to us.

    Commercial use

    Businesses are welcome to use IRL if they create a business account and agree to our Business Terms of Service. 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 IRL.

    While your content belongs to you, several important limitations apply:

    First, User Content does not include your IRL username. Should you or IRL terminate your account, you do not retain any rights in the username you used. A new IRL user may use the user name in the future.

    Second, you grant IRL 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 IRL. Nothing in these Terms restricts other legal rights IRL 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 IRL, for any reason. This includes User Content that in our judgment violates these Terms, our Community Guidelines, or any other policies.

    Fourth, content you share with others on IRL may continue to exist on IRL even if you leave IRL. We may backup, archive and retain your User Content even if you terminate or deactivate your account, or delete or remove specific User Content. IRL 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 IRL.

    If you post or visit a link posted on IRL

    We allow you, IRL 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 Guidelines. IRL does not control nor endorse or assume any responsibility for these links. If you access any third party website, service, or content from IRL, you do so at your own risk. You accept and agree that IRL has no liability arising from your use of or access to any third party website, service, or content.

    If you provide us feedback

    We appreciate user input on ways to make IRL better. If you make any comments or suggestions to IRL, you agree that we may act upon your feedback without any restriction or compensation to you.

    IRL doesn’t waive any rights to use similar or related feedback provided IRL before or after your feedback, or developed by IRL’s employees, or obtained from sources other than you.

    Keeping your account secure

    While we can not 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 to your account.

    SMS messages

    IRL will send you SMS or short message service messages, also commonly known as text messages, and notifications if you have been invited to a plan, added as a friend, or sent a nomination. We will also send an SMS for two factor authentication, to remind you of an upcoming plan, updated details on an existing plan. Please note that message and data rates may apply.

    Help

    To obtain help you may:

    • Text 'HELP' to any SMS from us to obtain help on your mobile phone.
    • Email us at: hello [at] irl.com
    • Call us at: 1 (855) 476-5527

    Terminating SMS

    You may terminate any SMS messages from IRL at any time by texting STOP to 90884.

    Frequency of Messaging

    IRL alerts are delivered via text messaging to your mobile phone, with a maximum of one message every three days.

    Access to the SMS Services

    In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which IRL makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access.

    YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM.

    Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS. The Wireless Carriers are not liable for delayed or undelivered messages.

    In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the SMS service.

    If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement.

    IRL reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the SMS Services. IRL uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that IRL will not be liable to you for any modification, suspension or discontinuance of the Services.

    When you provide us your phone number

    In order to use the Services, you must opt-in by providing us with your phone number (your 'Phone Number') through the Site ('Opt-in'). An invite will then be sent to your Phone Number via SMS message to register for an Account. In addition, if you are not registered for our Services, other Users may send you a SMS message through the App inviting you to certain events or activities (the 'Events') that such User is participating in. In using the Services, you may receive SMS messages and/or mobile notifications from us or from other Users in connection with the Events.

    You can cancel an invite, notifications and other communications via SMS message in connection with our Services at any time by texting 'STOP' to the number that texted you and we will send you a reply confirming your request to unsubscribe. After unsubscribing, you will no longer receive messages from us. In the event you unsubscribe and then choose to use the Services and register for an Account, you will need to Opt-in again and we will send you an invite to register via SMS message.

    If at any time you forget what keywords are supported, you can text "HELP" to the number that texted you and we will respond with instructions on how to use the Service as well as how to unsubscribe. We are able to deliver SMS messages to the mobile phone carriers listed above.

    You understand, acknowledge and agree that (i) text message and data rates may apply for any SMS messages sent to you from us, from you to us or between Users; (ii) you are solely responsible for any fees charged by your wireless provider in connection with SMS messages that you receive or send in connection with the Opt-in and/or the Services; and (iii) you will contact your wireless provider with any questions regarding your text and/or data plan.

    Once you receive an invite via SMS message and if you choose to continue use of the Services, you will be required to register for an Account through the App by providing us with certain information such as your name, your e-mail address, phone number, contact book and your address. In registering for an account, you agree to: (i) provide true, accurate, current and complete information about yourself; and (ii) maintain and promptly update your Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.

    Concerning copyrights

    Our Service is protected by copyrights, trademarks and other proprietary rights. If you believe that any content appearing on our Service infringes on your copyrights or any other intellectual property rights, we want to hear from you. Please visit our Copyright Policy to inform us.

    Termination

    We may suspend or terminate your license to access and use IRL 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 judgement you committed a serious violation of these Terms or our policies.

    Indemnity

    You agree to indemnify, defend and hold harmless IRL, its parent company Get Together Inc., 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 IRL or our Service (or any other person accessing or using IRL 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 IRL 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 IRL or the IRL software. Our Service, software and all content on IRL is provided "as is" and 'as available' without warranties of any kind, either express or implied.

    Your use of IRL 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 course of dealing or usage of trade.

    We do not review User Content in advance of its posting. IRL 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 survives any cancellation, termination or suspension of your IRL account and termination of this Agreement.

    Our liability is limited

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IRL, ITS PARENT COMPANY GET TOGETHER INC, 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

    1. THE USE OF INABILITY TO USE OUR SERVICE OR ITS CONTENT;
    2. 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;
    3. UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT;
    4. ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT;
    5. OR (III) ANY OTHER MATTER RELATING TO THE SERVICE OR THE CONTENT, EVEN IF IRL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY FOR ALL CLAIMS BROUGHT AGAINST IRL, ITS PARENT COMPANY GET TOGETHER INC, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

    If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, IRL’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. IRL 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 IRL account and termination of this Agreement.

    Arbitration and governing law

    If a dispute arises with IRL, 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 IRL 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 cout. 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 IRL 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 termination of this Agreement and the termination of your IRL 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 www.adr.org.

    Unless you and IRL agree otherwise, the arbitration will be conducted in the City and County of San Francisco or Alameda County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that IRL 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 IRL 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 IRL or our Service isn’t arbitrable under applicable laws or otherwise: you and IRL both agree that any claim or dispute regarding IRL 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 IRL. As a result, our Terms may be modified or we may publish new Terms at any time. Amy 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 IRL website and/or within the settings of the IRL app. By continuing to access and use IRL, you agree to be bound by the new or modified terms.

    General provisions

    Assignment

    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IRL 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 IRL may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by IRL, you are entitled to terminate the agreement with immediate effect by deactivating your account. IRL will provide you with reasonable notice of any such assignment.

    Severability

    If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and remaining provisions shall remain in full force and valid. The Terms, together with our Privacy Policy, Community Standards policy and any additional agreements you may enter into with IRL.

    No waiver

    No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and IRL's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

    Parties

    These Terms are a contract between you and Get Together, Inc., 660 4th Street #810, San Francisco, CA 94107. Get Together Inc. is the company that owns IRL.