Terms of Service for Baxstory

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Please read these Terms of Service ("Terms") carefully before using the Baxstory mobile application (the "App") operated by Baxstory ("us," "we," or "our").

Your access to and use of the App is conditioned on your acceptance of and compliance with these Terms. These Terms constitute a legally binding agreement between you and Baxstory. They apply to all visitors, users, and others who access or use the App.

By accessing or using the App, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access or use the App.

By using the App, you also agree to our Privacy Policy. Our Privacy Policy (https://baxstory.com/privacy-policy.html) explains how we collect and use your information and is incorporated into these Terms.

By using the App, you must follow our Community Guidelines (https://baxstory.com/community-guidelines.html), which are incorporated by reference.

If these Terms conflict with the Community Guidelines, these Terms control. If these Terms conflict with the Privacy Policy, the Privacy Policy controls with respect to the collection, use, and processing of personal information.

0. Eligibility

You must be at least 13 years old to use the App. If you are 13 to 17, you may use the App only with the permission of a parent or legal guardian, who agrees to these Terms on your behalf. You represent that you meet these age requirements and are not barred from using the App under any applicable law or order.

The App is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13. If you are a parent or legal guardian of a minor between the ages of 13 and 17, you are solely responsible for monitoring and supervising that child’s use of the App and ensuring compliance with these Terms. If we learn a user is under 13, or that a 13–17-year-old is using the App without a parent/guardian’s permission, we may disable or remove the account and delete associated data, subject to our legal obligations.

1. Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account.

You are responsible for safeguarding your password and for any activities or actions under your password. We encourage you to use a strong and unique password for your account. You agree not to disclose your password to any third party and must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use a username or display name that is the name of another person or entity, or is not lawfully available for use, or is a name or trademark subject to any rights of another person or entity without appropriate authorization. Usernames may also not be offensive, vulgar, or obscene. We reserve the right to refuse service, terminate accounts, and remove or edit content in our sole discretion.

You acknowledge that you have no ownership or property interest in your account. All rights in and to accounts are and will remain the property of Baxstory. If your account is terminated, you may not attempt to re-register or access the App through another account.

1A. License and Use Restrictions

License. Subject to your continued compliance with these Terms, Baxstory grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App for your personal, non-commercial use.

Restrictions. You will not: (i) copy, modify, or create derivative works of the App; (ii) reverse engineer, decompile, or attempt to discover the source code of the App except to the extent such restrictions are prohibited by law; (iii) rent, lease, sell, sublicense, or otherwise transfer the App; (iv) bypass, disable, or interfere with security-related features or any rate limits; (v) use any robot, spider, scraper, or other automated means to access the App without our prior written permission; (vi) collect, store, or use personal data about other users except as expressly permitted by those users and these Terms; or (vii) remove, obscure, or alter any proprietary notices on the App.

All rights not expressly granted to you in these Terms are reserved by Baxstory and its licensors.

1B. Changes and Availability of the App

We may change, suspend, or discontinue all or any part of the App at any time, with or without notice, and without liability to you. We may also impose limits on certain features or restrict access to parts or all of the App.

Your continued use of the App after any changes, updates, or modifications are made constitutes your acceptance of those changes. Such continued use is deemed adequate consideration for the updated or modified App.

1C. Beta Features

From time to time, we may offer new or experimental features (“Beta Features”). Beta Features may be changed, suspended, or discontinued at any time and are provided as-is without warranties of any kind.

2. User Conduct and Content

Baxstory is a platform designed for spontaneous social connections. To maintain a safe and positive environment for all users, you agree to the following:

a. Acceptable Use

You agree not to use the App for any unlawful purpose or for any purpose prohibited by these Terms. You agree not to:

b. User-Generated Content

You are solely responsible for all content you post, upload, link to, or otherwise make available on the App, including your profile picture, username, display name, and profile description ("User Content"). You represent and warrant that:

By submitting User Content to the App, you grant Baxstory a worldwide, royalty-free, perpetual, and irrevocable license to use, host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and display your User Content. This license is non-exclusive, transferable, and sublicensable, and allows us to use your content as reasonably necessary to operate and improve the App, promote and market Baxstory and its services, handle backups, audits, dispute resolution, and legal compliance, even after your content is no longer publicly visible or your account has been deleted.

Privacy carve-out. Our license to your content is subject to our Privacy Policy. When you delete your account or content, we will stop using your personal information for marketing or product promotion and will retain only what we reasonably need for backups, security logs, legal compliance, dispute resolution, and enforcement, as described in the Privacy Policy and to the extent permitted by law.

Your User Content, including your profile picture, username, and display name, must be appropriate, respectful, and free from:

All User Content must be respectful, relevant to the purpose of the App, and contribute to a positive and safe environment for all users.

c. Content Moderation

d. Repeat Infringer Policy

In appropriate circumstances and in our sole discretion, we may disable or terminate accounts of users who repeatedly infringe others’ intellectual property rights or who receive multiple valid intellectual-property complaints. We may also remove content upon a single valid complaint in our discretion.

e. Monitoring and Enforcement

We reserve the right, in our sole discretion, to investigate violations of these Terms, and we may take appropriate action, including referral to and cooperation with law enforcement authorities. We may disclose information or materials related to your account, User Content, or use of the App if required to do so by law, legal process, or governmental request, or if we believe disclosure is reasonably necessary to (i) enforce these Terms, (ii) respond to claims that User Content violates the rights of others, (iii) protect the rights, property, or safety of Baxstory, our users, or the public, or (iv) address security, fraud, or technical issues.

A violation of this Section 2 may result in the suspension or termination of your account, as further detailed in Section 6 (Termination).

3. Location-Based Services

Baxstory’s core functionality relies on the collection and processing of your approximate location data. By using the App, you consent to this collection and acknowledge the following:

You are solely responsible for your interactions with other users, whether online or offline. Baxstory does not conduct background checks, verify user identities, or screen users, and we make no representations or warranties about any user. You agree to exercise caution in all interactions and understand that Baxstory is not liable for the conduct of any user on or off the App.

By using the App, you expressly consent to the collection, use, processing, and sharing of your data as described in our Privacy Policy.

You can manage your location permissions through your device's operating system settings at any time. You may also enable an optional “Incognito” mode, during which the App will not collect or process your device’s location for proximity features and your profile will not be surfaced to other users.

You are solely responsible for obtaining and maintaining all devices, equipment, and internet or mobile connections needed to access and use the App, and for all related charges.

4. Intellectual Property

The App and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Baxstory and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries.

All rights, title, and interest in and to the App (excluding content provided by you and other users) are and will remain the exclusive property of Baxstory and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Baxstory.

You retain all of your rights to any User Content you submit, post or display on or through the App and you are responsible for protecting those rights. By submitting User Content, you grant us a license to use it as detailed in Section 2 (User Conduct and Content).

4A. Feedback

If you send ideas or suggestions, you agree we may use them without restriction or compensation.

4B. App Stores; Apple-Required Terms

You agree to comply with all applicable third-party terms when using the App (for example, your wireless data service agreement and, if applicable, the App Store or Google Play terms).

If you downloaded the App from the Apple App Store:

If you downloaded the App from Google Play:

Our App may contain links to third-party web sites, content, or services that are not owned or controlled by Baxstory.

Baxstory has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You acknowledge and agree that Baxstory shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to review the terms and conditions and privacy policies of any third-party web sites, content, or services that you visit.

We respect intellectual property rights. If you believe content on the App infringes your copyright, please email us at support@baxstory.com with all of the following:

Upon receiving a sufficiently detailed notice, we may remove or restrict access to the reported material within a reasonable time. We may notify the user who posted the material and share your notice (including your email) with that user. Knowingly submitting false or misleading claims may result in liability.

Note: Baxstory has not designated a DMCA agent with the U.S. Copyright Office at this time; this process is provided as a courtesy and does not waive any rights.

5B. Counter-Notice

If your content was removed and you believe this was a mistake or a misidentification, you may email us at support@baxstory.com with:

We may forward your counter-notice to the reporting party. In our discretion, we may restore the content if the dispute appears resolved or if we otherwise determine restoration is appropriate. We may also decline to restore content.

6. Termination

We may terminate or suspend your account and deny access to the App immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever, including but not limited to a breach of these Terms.

We also enforce a repeat infringer policy as described in Section 2(d).

Upon termination, your right to use the App will immediately cease. If you wish to terminate your account, you must follow the official account deletion process provided within the App's settings. Simply discontinuing the use of the App will not result in the deletion of your account or User Content.

All provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 2, 4, 4A, 4B, 5–5B, 6A, 7–11, 12 (to the extent notices are outstanding), and 13–22, as well as ownership provisions, warranty disclaimers, indemnities, limitations of liability, and dispute resolution provisions.

6A. Effect of Termination

If your account is suspended or terminated, you may lose access to your User Content and other data. We are not responsible for any deletion or loss of data in connection with account termination or suspension.

7. Indemnification

You agree to indemnify, defend, and hold harmless Baxstory, its affiliates, and their respective officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with:

This indemnity does not apply to the extent a claim arises from Baxstory’s fraud, gross negligence, or willful misconduct.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Baxstory, its affiliates, directors, employees, partners, agents, suppliers, or licensors, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

This limitation of liability applies whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Nothing in these Terms seeks to exclude or limit any liability that cannot be excluded or limited under applicable law (for example, liability for fraud, or for death or personal injury caused by negligence).

In no event shall the aggregate liability of Baxstory, its affiliates, agents, directors, or employees, arising out of or related to your use of the App exceed the greater of one hundred U.S. dollars ($100.00) or the amount you have paid to Baxstory in the last twelve (12) months.

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such laws apply, the exclusions and limitations above will apply to you only to the maximum extent permitted by law.

9. Disclaimer of Warranties

Your use of the App is at your sole risk. The App is provided on an "AS IS" and "AS AVAILABLE" basis.

To the maximum extent permitted by applicable law, the App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

Baxstory, its subsidiaries, affiliates, and its licensors do not warrant that:

Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above disclaimers may not apply to you to the extent prohibited by law.

9A. No Professional Advice

Content on the App is for general information and entertainment only and is not legal, medical, financial, or other professional advice. You should not rely on any content as a substitute for professional advice. You use any content at your own risk.

10. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Maryland, United States, without regard to its conflict of law provisions.

Waiver.

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

Severability.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in effect.

Entire Agreement.

These Terms constitute the entire agreement between us regarding our App, and supersede and replace any prior agreements we might have between us regarding the App.

Assignment.

You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign these Terms at any time, including in connection with a merger, acquisition, or sale of assets.

10A. Venue

To the extent any dispute is permitted to be filed in court rather than arbitration, both you and Baxstory agree that such claims will be brought exclusively in the state or federal courts located in Maryland, and you consent to the personal jurisdiction of such courts.

10B. Headings

Section titles and headings are for convenience only and have no legal or contractual effect.

11. Dispute Resolution, Arbitration, and Class Action Waiver (U.S. Residents Only)

For users residing in the United States: you and Baxstory agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (collectively, “Disputes”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, except as modified here. The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Section. The governing law of the arbitration shall be the FAA and, to the extent not preempted, Maryland law. Arbitration means you are waiving your right to a jury trial. You may, however, assert qualifying claims in small claims court.

Individual-Only / No Class Actions. You and Baxstory agree that proceedings will be conducted only on an individual basis and not in any class, consolidated, collective, or representative action. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide that party’s relief.

Delegation. Except for issues relating to the scope or enforceability of the “Individual-Only / No Class Actions” paragraph and any non-waivable carve-outs in this Section, the arbitrator (and not any court) shall have exclusive authority to resolve disputes relating to the interpretation, applicability, or enforceability of this Section.

Public Injunctive Relief. Notwithstanding the foregoing, you and Baxstory agree that claims seeking public injunctive relief (to the extent non-waivable under applicable law) may proceed in court, after the parties first attempt individual relief in arbitration. Such claims are otherwise subject to Section 10A (Venue).

Arbitration Location and Process. Unless you and Baxstory agree otherwise, the arbitration will occur in Maryland (or by video/teleconference if in-person appearance would be a burden). The arbitrator will allow a reasonable, limited exchange of information consistent with the expedited nature of arbitration and will issue a reasoned written award.

Fees. Your responsibility for AAA fees will be solely as set forth in the AAA Consumer Arbitration Rules. If the arbitrator finds your claims are frivolous under Federal Rule of Civil Procedure 11, you agree to reimburse fees that the rules otherwise allocate to Baxstory.

Confidentiality. All materials exchanged and all proceedings in arbitration are confidential, except as necessary to prepare for or conduct the hearing, enforce any arbitration award, or as otherwise required by law.

Severability. If a court with proper jurisdiction decides that any part of the “Individual-Only / No Class Actions” paragraph is unenforceable as to a particular claim or request for relief, then that claim/request (and only that claim/request) must be litigated in court (see Section 10A (Venue)). All other Disputes shall be arbitrated.

PAGA. To the extent non-waivable, representative claims under California’s Private Attorneys General Act (Labor Code §2698 et seq.) are not subject to arbitration and must be brought in court (see Section 10A (Venue)).

Opt-Out. You may opt out of this arbitration agreement within 30 days of accepting these Terms by emailing support@baxstory.com with subject line “Arbitration Opt-Out” and including your full legal name and the email address linked to your account.

Survival. This Section survives termination of your account and these Terms.

Informal Resolution. Before commencing arbitration, you and Baxstory agree to first attempt in good faith to resolve any Dispute informally. The complaining party must send a written notice describing the Dispute to support@baxstory.com. The parties will meet and confer (by phone or video conference) within 30 days of the notice to attempt resolution. If not resolved within 60 days, either party may commence arbitration. The statute of limitations and filing deadlines will be tolled during this process.

Batch Arbitration. To the maximum extent permitted by law, if 25 or more similar arbitration demands are filed by or with the assistance of the same law firm or group of law firms within 30 days, the AAA (or another agreed administrator) shall administer them in batches of up to 25 claims per batch, with one arbitrator assigned to each batch. The resolution of one batch will be binding on the parties in that batch, but not on other batches. This provision does not authorize class or collective arbitration.

12. Communications

By creating an account, you consent to receive communications from us, including by email, in-app messages, and push notifications. These communications may be about your account, security alerts, service updates, or promotional messages. Standard data or messaging rates may apply. You may opt out of promotional messages at any time, but we may still send you important service or legal notices.

You agree that all communications we provide to you electronically (including via email, in-app messages, or by posting within the App) satisfy any legal requirement that such communications be in writing.

By creating an account and using the App, you expressly consent to our processing of your personal data for the purposes of sending you service communications, security alerts, and other communications as described in these Terms and our Privacy Policy.

13. Personal Use Only

The App is intended solely for personal, non-commercial use. You may not use the App to advertise, promote, or operate any business or commercial venture without our prior written consent.

14. Content Storage

We are not obligated to store or retain any User Content, data, or communications. We are not responsible for any deletion, loss, or failure to store User Content or other information. You are solely responsible for maintaining backup copies of any User Content you wish to preserve.

15. International Users

The App is operated from the United States and may not be available or appropriate in other locations. If you access or use the App from outside the U.S., you do so at your own risk and are responsible for compliance with all local laws and regulations.

16. Force Majeure

We will not be liable or responsible, nor be deemed to have defaulted or breached these Terms, for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, labor disputes, power or internet failures, war, terrorism, or government actions. Our obligations will be excused for the duration of the force majeure event.

17. Export Controls

You agree to comply with all applicable U.S. export and sanctions laws. You represent that you are not (a) located in, or a resident of, any country or region embargoed by the U.S. government, or (b) on any U.S. government restricted party list (including the SDN List or Entity List). You will not use the App for any purpose prohibited by U.S. law, including the design, development, or production of missiles or nuclear, chemical, or biological weapons.

18. Third-Party Conduct

You are solely responsible for your interactions with other users and third parties. We do not control or vet users and are not liable for the conduct, content, statements, or information of any user or third party on or off the App. You use the App and interact with others at your own risk. This Section complements, and does not limit, Sections 8 (Limitation of Liability) and 9 (Disclaimer of Warranties).

19. California Consumer Rights Notice

Under California Civil Code §1789.3, users in California may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

20. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material change, we will provide at least 30 days' notice before the new terms take effect. We will provide this notice by posting a clear notification within the App or by sending an email to the address associated with your account. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you must stop using the App. We encourage you to review these Terms periodically for any updates. For new users, updates are effective immediately. For existing users, material updates take effect after the notice period.

21. Contact Us

If you have any questions or concerns about these Terms, you can contact us via email: support@baxstory.com.

22. Choice of Language

It is the express wish of the parties that these Terms and all related documents be drawn up in English. If these Terms are translated into another language, the English version shall control to the extent of any inconsistency.