IRL Terms of Service
- Thank you for using IRL
- This is a binding agreement
- Account registration and access controls
- Mobile and desktop use
- App stores
- Text Messages
- Intellectual Property
- Your conduct on IRL
- Disclaimer of warranties and conditions
- Our liability is limited
- Arbitration and governing law
- We may modify these Terms
- General provisions
- Contact Us
These Terms of Service are effective and were last updated as of June 14, 2023.
Thank you for using IRL
Welcome to IRL, the place for Social Messaging! We want to help you do more of what you love to do - whether in person or remotely. Follow your friends, create and join groups, chat and plan events. IRL super-charges your social life!
This is a binding agreement
These Terms are a contract between you and Get Together, Inc., the corporate entity that owns and operates IRL (“Get Together Inc.”, “we,” or “us”). Our Terms of Service ("Terms') govern access and use of the IRL app and website, and any other tools, product, feature, or other service offered by us that posts a link to or otherwise provides these Terms (collectively, “IRL” or the “Service” or “Services”).
In addition, certain of the Services are governed by additional, service-specific terms (collectively, the “Supplemental Terms”), including the Community Guidelines. The Supplemental Terms are incorporated into these Terms by reference. To the extent there is a conflict between these Terms and any applicable Supplemental Terms, the Supplemental Terms will control with respect to the corresponding Service.
Account registration and access controls
In order to use our Service, you are required to create a user account (“Account”). You may create only one IRL account.
You must be at least 13 years to register for an Account, and by registering, you represent and warrant that you are eligible for an Account under this provision. 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.
When you create your Account, you agree that the information you submit is true, correct and complete and you agree to maintain and promptly update your Account to keep it true, correct, current and complete. We may refuse you access to the Service or suspend or terminate your Account if we learn that the information you provided is inaccurate.
You agree to notify us immediately, as set forth in the Contact Us section below, of any unauthorized use of your Account and agree that we are not liable for any loss or damage arising from your failure to safeguard your password. To the fullest extent allowed by law, all activity conducted in connection with your Account will be your responsibility.
While you retain ownership of your User Content, you acknowledge and agree that you shall have no ownership or other property interest in any Account stored or hosted on the Service, and you further acknowledge and agree that all rights in and to such Accounts are and shall forever be owned by and inure to the benefit of IRL. You may not transfer, share, or make available your Account information to others. Any distribution by you of your Account information may result in suspension, termination, or cancellation of your access to the Service.
You alone are responsible for any costs you incur to access the Internet.
Mobile and desktop use
Our Service includes features and services that are available to you via your mobile phone or other mobile device, including the ability to Post User Content to the Service, receive messages from the Service (including, without limitation, push notifications), and download applications to your mobile phone (collectively, the "Mobile Features"). We may charge for Mobile Features. Standard messaging, data and other fees may also be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
You may have the opportunity to opt-in to receive text messages from IRL. Please review our Text Messaging Terms for additional information on IRL’s text message program(s). Using IRL requires that you download software to your computer, mobile 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.
You acknowledge and agree that the availability of any apps we may offer (“Apps”) are dependent on the third party from whom you received the App license (e.g., Apple App Store or Google Play Store) ("App Store"). You acknowledge that these Terms are an agreement between you and us, and not with the App Store. We, not the App Store, are solely responsible for the Services, including the Apps, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Apps, you must have Internet access, including in some cases, wireless network services. You agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the Apps. You agree to comply with, and your license to use the Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using our Services, including the Apps. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of these Terms and will have the right to enforce it.
Accessing and downloading apps from Apple
The following applies to any App accessed through or downloaded from the Apple App Store (an “Apple-Sourced App”):
a. Acknowledgment. You acknowledge and agree that (i) these Terms are between you and IRL (or any third party developer that may own or operate the App) only, and not Apple, and (ii) IRL, not Apple, is solely responsible for the Apple Store Sourced App and content thereof.
b. Scope of License. Your license to use the Apple Store Sourced App is non-transferable and limited to use on an Apple-branded product that you own or control, and as permitted by the “Usage Rules" set forth in the Apple Media Services Terms and Conditions.
c. Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Store Sourced App.
d. Warranty. In the event of any failure of the Apple Store Sourced App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Store Sourced App to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Store Sourced App. As between IRL and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of IRL.
e. Product Claims. You and IRL acknowledge that, as between IRL and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the Apple Store Sourced App or your possession and use of the Apple Store Sourced App, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Store Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
f. Intellectual Property Rights. You and IRL acknowledge that, in the event of any third-party claim that the Apple Store Sourced App or your possession and use of that Apple Store Sourced App infringes that third party's intellectual property rights, as between IRL and Apple, IRL, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
g. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
h. Third Party Terms. You must comply with any applicable third party terms of agreement when using the Apple Store Sourced App (e.g., your wireless data service agreement).
i. Third Party Beneficiary. You and IRL acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the Apple Store Sourced App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the Apple Store Sourced App against you as a third-party beneficiary thereof.
j. Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the Apple Store Sourced App.
For information on IRL’s use of text messages, please read our Text Messaging Terms and Conditions which are incorporated into and part of our Terms of Service.
IRL’s license to you
If you open an Account for a company, organization, or other legal entity, then "you" and “your” includes you and that entity, and you represent and warrant 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.
Except with respect to User Content (defined below), IRL, its licensors, or suppliers own all rights, title and interest in and to all other content, software (including source code), logos, icons, the Services’ "look and feel," text, graphics, images, video clips, sound clips, notices, data, page layout, selection and arrangement of the content of the Services, the features and functionality of the Services, and any compilation of the foregoing, and all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein, whether or not applied for or registered (collectively, “IRL Content”). The IRL Content and the User Content is collectively referred to in these Terms as “Content.”
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, app, or other service, or in any way exploit any of the IRL Content, in whole or in part, except as set forth in these Terms or applicable Supplemental Terms, without the specific permission of IRL or its licensors or suppliers.
IRL and its licensors and suppliers reserve all rights not expressly granted in and to the IRL Content. Any third-party trademarks or content present within the Services are property of their respective owners.
The IRL name, both as standard characters and as italicized characters, the phrase “In Real Life” and the IRL logo or icon (“happy face” design) are owned by and used with the permission of Get Together, Inc. The unauthorized use of any of these trademarks is strictly prohibited.
You own what you create
Users may have the opportunity to publish, transmit, or otherwise make available (collectively, “Post”) through the Service certain content, including photos, comments, links, event information, and other material (collectively, "User Content"). You are solely responsible for the User Content that you Post to the Service and you are only permitted to post User Content that you have created or that you have rights to.. You acknowledge that other users of the Service, and not IRL, are similarly responsible for all User Content they Post using the Service. While your retain any ownership rights you have in your User Content, 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 username in the future.
Second, you grant IRL and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store and save, subject to any deletion rights you may have, display, reproduce, 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 monitor, remove, modify, or report to appropriate legal authorities any User Content, or change the way such User Content is used in IRL, for any reason. This includes User Content that in our judgment violates these Terms and/or any applicable Supplemental Terms. IRL is not responsible or liable for any User Content posted by you or by other users of the Service.
Fourth, content you share with others on IRL may continue to exist on IRL even if you terminate or deactivate your Account or in the event of Account suspension or termination by IRL.
You agree that you have no right, title, or interest in or to any Content that you have not Posted that appears on or through the Services. 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.
Reporting Copyright and other Intellectual Property violations
You may not use IRL for any purpose or in any manner that infringes the rights of any third party. IRL encourages you to report any content on IRL 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 IRL infringes your copyright, trademark, or other intellectual property rights, please refer to our Copyright and IP Infringement Policy.
If you post or visit a link posted on IRL
The Service may allow users and advertisers to post links to third party websites, information, materials, products, or services that IRL does not control, maintain, or endorse. 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.
No confidential relationship/No unsolicited materials
It is our policy not to accept or consider content, information, ideas, suggestions, or other materials other than those we have specifically requested, to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, IRL does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted and you agree that any such ideas transmitted to IRL are included in the above license you grant to IRL for any User Content.
You agree and understand that we are not obligated to post, keep, or use your User Content.
Your conduct on IRL
As a condition of your use of the Services, you agree not to use the Services for any purpose prohibited by these Terms, our Community Guidelines, by applicable law, or in any other manner that we deem objectionable in our sole discretion. You will not, and will not permit or assist any third party to, take any action or Post any User Content on or though the Services that:
a. makes any automated use of the Services, or takes any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
b. tampers, interferes with, or disturbs the Services’ functionality;
c. decompiles, disassembles, reverse engineers, or reverse assembles the Services or any part of them, or otherwise attempts to discover any of the Services’ source code or underlying proprietary information;
d. publishes or links to malicious content that may damage or disrupt another user's browser or computer; or
e. in relation to any Content owned or distributed by us or our partners: (i) modifying or using any Content otherwise than as allowed under these Terms; (ii) using, marketing or re-distributing any Content through any software application other than the Services; (iii) downloading, re-transmitting, reproducing or storing the Content on any device or media (other than for any brief periods of time necessary for viewing the Content); and/or (iv) reformatting, optimizing or customizing the Content for display, distribution, or transmission.
You agree that your User Content and your conduct in using the Services complies with the foregoing and acknowledge and agree that we have the right to determine whether your User Content is appropriate and complies with these Terms, to remove any of your User Content, and to terminate your account with or without prior notice.
You are solely responsible for your interactions with any other users and third parties with whom you interact. Notwithstanding the foregoing, we reserve the right (but have no obligation) to intercede in any disputes that arise out of those interactions. You agree that IRL is not and will not be responsible for any liability incurred as the result of such interactions. We do not approve, endorse, or make any representations or warranties with respect to User Content. You access and use all User Content and interact with other users at your own risk.
We reserve the right to suspend or terminate your license to access and use all or some of the Services, with or without notice if we, in our sole discretion, determine that you are in breach of these Terms or any applicable Supplemental Terms or have engaged in conduct that we, in our sole discretion, deem inappropriate. In the event of such action, we will make reasonable efforts to notify you, unless the circumstances restrict us from doing so due to legal, technical, or other relevant limitations.
In the event of suspension or termination by IRL, we may delete or change your password(s) associated with your User Account; delete or change your User Account, including deleting your User Content, history, and other information; and bar your further use of the Service, as well as that of anyone sharing your email address or other Account credentials. You understand that such actions may be taken without any liability whatsoever to you for any suspension or termination, including for deletion of User Content.
All provisions of these Terms by their nature should survive termination, will survive termination of your access to the Service, including without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
If your access to the Service is terminated under these Terms, then you agree that you will not attempt to re-register with or access the Service through use of a different username or otherwise. In the event that you violate the immediately preceding sentence, we reserve the right, in our sole discretion, to immediately take any or all of the actions set forth in these Terms without any notice or warning to you.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless IRL, Get Together Inc., and its subsidiaries, affiliates, partners, directors, officers, employees, licensors, and agents (collectively, the IRL Global Parties”), from and against any and all liabilities, claims, damages, taxes, fines, penalties, expenses (including reasonable attorneys' fees and costs), and other losses arising out of or in any way related to (a) your User Content; (b) your breach or alleged breach of these Terms, any applicable Supplemental Terms, or any applicable laws, rules, or regulations; (c) your use of or inability to use the Services; or (d) your violation of any rights of another party, including other users. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. Our right to indemnification survives any cancellation, termination, or suspension of your Account.
Disclaimer of warranties and conditions
To the extent permitted by applicable law, your use of the Service is at your sole risk, and the Services are provided on an "as is" and “as available” basis, with all faults. We reserve the right to amend errors and update service information at any time without prior notice.
Your use of IRL is at your own risk. IRL expressly disclaims any and all warranties, representations, and conditions of any kind, whether express or implied, including without limitation, any implied warranties or 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. Neither IRL nor its suppliers and licensors make any warranty or guarantee with respect to the Services’ quality, effectiveness, reputation and other characteristic; that the Services will meet your requirements, be error free, reliable, or free of viruses and other harmful components; or that access to the Services will be timely and uninterrupted.
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. Any Content downloaded from or otherwise accessed through the Services is accessed at your own risk, and you will be solely responsible for any damage to your property, including, but not limited to, your computer system and any device you use to access the Services, or any other loss that results from accessing such Content.
This disclaimer and waiver of claims survives any cancellation, termination, or suspension of your Account and termination of these Terms.
Our liability is limited
To the maximum extent permitted by law, in no event shall the IRL Global Parties be liable to you 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
- Your use of, or inability to use, the Service or any part thereof;
- 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;
- Any claim that your User Content caused damage to a third party;
- Your breach or alleged breach of any provision of these Terms or any applicable Supplemental Terms;
- Your violation of any rights of another, including without limitation any copyright, property, or privacy right;
- Any User Content you Post through the Service;
- Any bugs, viruses, trojan horses, or the like, regardless of their origin;
- Unauthorized access, use or alteration of your transmissions or User Content;
- Any other claim attributable to errors, omissions, or other inaccuracies in the Service or the Content;
- Any other interaction with the Service or any other user of the Service whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not the IRL Global Parties have been advised of the possibility of such damages.
If you are dissatisfied with the Service, the Content or with these Terms your sole and exclusive remedy is to discontinue using the Service. In those jurisdictions where the exclusion or limitation of liability for consequential or incidental damages may not apply, any liability for all claims brought against the IRL Global Parties 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 does not 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 Account and termination of these Terms.
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.
THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER IN THE SECTION TITLED “ARBITRATION AGREEMENT.” THIS AFFECTS YOUR RIGHTS WITH RESPECT TO ANY “DISPUTE” BETWEEN YOU AND IRL AND MAY PRECLUDE YOU FROM TAKING A DISPUTE TO COURT OR HAVING IT DECIDED BY A JUDGE OR JURY. PLEASE READ THIS ENTIRE AGREEMENT, INCLUDING THE ARBITRATION PROVISION, CAREFULLY.
Binding arbitration (“Arbitration Agreement”): PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR RIGHTS TO FILE A LAWSUIT IN COURT OR TO PURSUE CLAIMS IN A CLASS OR REPRESENTATIVE CAPACITY.
a. This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence. In the United States, this Agreement is governed by the Federal Arbitration Act and federal arbitration law. To the fullest extent allowed by applicable law, you and the IRL Global Parties agree that any Dispute between us, including Disputes that arose before the effective date of these Terms, will be resolved by binding arbitration. The term “Dispute” shall be given the broadest possible reading and means at least any claim, under any theory (including, without limitation, contract, tort, common law, statute, or regulation), relating in any way to your access or use of the Services, to these Terms, any applicable Supplemental Terms, any aspect of your relationship with IRL, or any advertising by IRL—including disputes with respect to the validity, enforceability, construction, or scope of any portion of this Agreement, including the agreement to arbitrate, and any claim that all or any part of this Arbitration Agreement is void or voidable. By agreeing to resolve Disputes in arbitration, you and IRL are giving up the right to go to court with respect to these matters or to have a jury decide them. These disputes will be resolved instead by a neutral arbitrator in a process that can be quicker than courtroom litigation. There is no judge or jury in arbitration and court review of an arbitration award is limited. The only exceptions to this arbitration requirement for Disputes are that (1) you or IRL may bring claims in small claims court if the claims qualify for jurisdiction in such court, so long as the matter remains in small claims court and advances only on an individual (non-class, non-representative) basis; and (2) you or IRL may seek equitable relief in any court of competent jurisdiction for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). The arbitrator and any court shall construe this agreement to arbitrate, the agreement to waive class or collective actions, and the jury trial waiver in any manner that will render them enforceable and give them effect.
b. Time Limit to Assert Claim. You agree that, to the fullest extent authorized by applicable law, IRL and you must assert a Dispute against the other within one (1) year after the claimant first knew or reasonably should have known that the Dispute existed; otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the Dispute. If applicable law provides a shorter deadline for commencing Disputes, that shorter deadline applies.
c. Class Action Waiver/Jury Trial Waiver. To the fullest extent allowed by applicable law, you and IRL agree that neither of us may participate as a class representative, private attorney general, or as a member of any class of claimants for any Dispute subject to arbitration or for any non-arbitrable claim pursued in court, and to waive the right to trial by jury for any non-arbitrable claim pursued in court. Under no circumstances does IRL consent to allow an arbitration to be conducted under class action procedures, even if the arbitration provider has such procedures.
d. Arbitration Provider and Rules. Arbitration between us will be administered by National Arbitration and Mediation (“NAM”) and covered by NAM’s Comprehensive Dispute Resolution Rules and Procedures (the “Rules”) in effect at the time such claim is filed. You can find NAM’s Rules here, or by calling (800) 358-2550. NAM will appoint a single arbitrator to decide the Dispute pursuant to its Rules. If NAM is not available to arbitrate, you may file your claim with any national arbitration company that handles arbitrations following procedures that are similar to the NAM Rules, and all other provisions of this Agreement will continue to apply. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have, except as expressly provided in this Agreement. Any award of the Arbitrator is final and binding and may be entered as a judgment by any court with jurisdiction to do so. If you are or IRL is demanding recovery of $10,000 or less, the arbitrator may resolve the Dispute based upon the parties’ written submissions alone, without a live hearing, unless the arbitrator believes a hearing is required. For matters where the arbitrator believes a hearing is required, or for Disputes involving more than $10,000 but less than $25,000 in controversy, hearings will be conducted by teleconference or video conference, unless the arbitrator believes an in-person hearing is necessary. In such instances, or for Disputes with more than $25,000 in controversy, the location and method of an arbitration hearing will be decided pursuant to the Rules. The arbitrator may award legal or equitable remedies that you or IRL request to satisfy your or IRL’s individual claims but, to the fullest extent authorized by applicable law, may not award relief in favor of any person other than the claimant.
e. Pre-Arbitration Notice and Informal Resolution Procedures. The first step in resolving a Dispute is that you and IRL must first attempt, in good faith and for at least 30 days, to resolve the Dispute informally through negotiations. This 30-day “Informal Resolution Period” will start the day one of us sends a written Notice of Dispute to the other. If you are sending the Notice of Dispute, you must send it to The letter must be sent to Legal Department, Get Together, Inc., 2930 Domingo Ave., No. 702, Berkeley, CA 94705. Your Notice of Dispute must be individual to you and personally signed by you (in ink or electronically), and must include your name, your IRL user name, the email address and/or phone number associated with your IRL account, the email address (if different) at which we should contact you, and your residential address. The requirement for a personal signature by you on a Notice of Dispute applies regardless of whether or not you elect to be represented by counsel. Your Notice of Dispute also must describe the Dispute, explain the facts of the Dispute as you understand them, including the dates and amounts of any transactions, and tell IRL what you want us to do to resolve the problem. If IRL has a Dispute with you, IRL will send its Notice of Dispute to the email address or phone number associated with your IRL account and to any billing or mailing address you have provided to IRL. IRL will describe the Dispute, explain the facts of the Dispute as IRL understands them, tell you what IRL wants you to do to resolve the problem, and include the signature of an authorized IRL representative. After receiving your Notice of Dispute, or after sending you its Notice of Dispute, IRL will contact you and attempt in good faith to reach a solution during the Informal Resolution Period.
f. No Arbitration Prior to Informal Resolution. A Notice of Dispute will not be valid, will not start the Informal Resolution Period, and will not allow you or IRL later to commence an arbitration, unless it contains all of the information described above and is personally signed by you (or, in the case of a Dispute initiated by IRL, signed by an authorized IRL representative). If you commence or IRL commences an arbitration without having previously provided a compliant Notice of Dispute, and/or without the complainant having participated in good faith negotiations to resolve the Dispute during the Informal Resolution Period, you agree that (1) all disputes regarding compliance with the informal resolution procedures will be resolved by the arbitrator; and (2) if the arbitrator finds you or IRL did not comply with the informal resolution procedures, the arbitrator must suspend the arbitration pending the outcome of the Informal Resolution Period and order the party that commenced the arbitration prematurely to reimburse any arbitration fees charged to the other party prior to the suspension.
g. Statute of Limitations. Any statute(s) of limitations applicable to a Dispute will be deemed to be tolled upon the provision of a compliant Notice of Dispute by the claimant.
h. Commencing an Arbitration. Once the Informal Resolution Period has concluded, you or IRL may start an arbitration by submitting a Demand to NAM pursuant to the Rules. NAM also allows you to start an arbitration by visiting https://www.namsadr.com/submit-a-case. If you are represented by counsel, your attorney must include with the arbitration demand must include proof of express authorization by you to file the arbitration demand on your behalf.
i. Mass Arbitrations. NAM’s Supplemental Procedures for Mass Arbitrations apply to this Agreement. Additionally, if multiple arbitrations involving similar claims are pending against IRL simultaneously, you and IRL authorize NAM to coordinate those matters to promote efficiency and reduce unnecessary arbitration fees and costs. You agree that IRL may, but is not required to, authorize NAM to consolidate multiple arbitrations involving similar claims into a single proceeding in which a single arbitrator will resolve those Disputes together. If you believe that the consolidation of your Dispute with others would prejudice you, and IRL disagrees, NAM’s Rules allow for appointment of a Process Arbitrator to resolve those disagreements. In the event IRL asks NAM to consolidate all or groups of matters, but a Process Arbitrator determines that it would be unduly prejudicial to some claimants in the proposed group for all their arbitration demands to be arbitrated as a single, consolidated matter, the Process Arbitrator shall consolidate pending similar matters that IRL has sought to consolidate into the smallest number of groups the Process Arbitrator deems to be feasible and not to cause undue prejudice to claimants in each group. This provision shall in no way be interpreted as authorizing a class arbitration or action of any kind or for the consolidation of claims other than as a matter of IRL’s consent and request as provided for expressly in this paragraph.
j. Fees and Costs. Payment of NAM’s fees by IRL and you will be as provided for in the Rules. If you choose or IRL chooses to be represented by an attorney during an arbitration, each of us will pay our own attorneys’ fees. If the law applicable to the Dispute allows the arbitrator to award attorneys’ fees to the prevailing party, nothing in this Agreement precludes the arbitrator from awarding fees to you if you prevail. If IRL is represented by an attorney in the arbitration, and IRL prevails, IRL will not ask the arbitrator to award it attorneys’ fees unless the arbitrator finds that you (1) engaged in bad faith conduct, (2) initiated the arbitration frivolously, for purposes of harassment, to influence the resolution of another claim or proceeding by or against IRL, or for any other improper purpose; or (3) that you initiated the arbitration without a sufficient pre-claim investigation into the facts or applicable law or without having first complied with this Agreement’s informal resolution procedures. In any of those events, IRL reserves all rights under the Rules and applicable law to seek its costs, attorneys’ fees, and/or other remedies.
k. Continuation In Effect. This requirement for binding arbitration survives any termination of this Agreement or the cessation of IRL’s provision of services to you.
l. Future Changes to Arbitration Procedures. Although IRL may revise this Agreement at its discretion, including the way in which Disputes are resolved, IRL does not have the right to alter this agreement to arbitrate or the procedures specified herein with respect to any Dispute as to which a Notice of Dispute already has been sent.
m. Your 30-Day Right to Opt Out. You have the right to opt out of and not be bound by the arbitration provisions set forth in this Agreement. To exercise this right, you must send written notice of your decision to Legal Department, Get Together, Inc., 2930 Domingo Ave., No. 702, Berkeley, CA 94705. Your notice must include your name, mailing address, IRL username (if any), the email address you used to set up your IRL account (if any) and, if different, the email address at which IRL should communicate with you, and state unequivocally that you do not wish to resolve disputes with IRL through arbitration. To be effective, this notice must be postmarked within 30 days of the date on which you first accepted this Agreement; otherwise, you will be bound to arbitrate disputes in accordance with this section. You are responsible for ensuring that IRL receives your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, IRL will not be bound by them with respect to Disputes with you as an individual. For avoidance of doubt, opting out of arbitration for any personal Disputes you may wish to pursue in court against IRL does not permit you to represent a class in court, and all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
n. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect. The one exception to severability is the prohibition on class arbitrations. Should the arbitrator or any court hold that the prohibition on class arbitrations is invalid, then this entire agreement to arbitrate will be considered void and the Dispute may proceed in court.
o. Governing law and venue. To the extent any claim, dispute or controversy regarding IRL or our Service is not arbitrable under applicable laws or otherwise, you and IRL both agree that 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. You and IRL consent to venue and personal jurisdiction before such courts (without prejudicing any party’s rights to remove a case to federal court if removal is allowed by law).
p. No Application in the EEA. If you are a consumer in the EEA, this arbitration provision does not apply to you.
Governing law and venue
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. 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 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.
If you’re a consumer in the EEA, either you or IRL may assign this agreement, and any rights and licenses 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.
If any provision of these Terms or any applicable Supplemental 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. If a court, arbitrator, or other adjudicative body should determine that any provisions of these Terms or the or Supplemental Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable.
No waiver of any term of these Terms or Supplemental 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 or Supplemental Terms shall not constitute a waiver of such right or provision.
IRL will not be liable for any delay or failure to perform, resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.
If you have questions about these Terms, please email us at firstname.lastname@example.org or write to us at: Attn: Legal Department, Get Together, Inc., 2930 Domingo Ave., No. 702, Berkeley, CA 94705.