Terms of Service

Effective Date: January 22, 2025

Last Updated: January 22, 2025

Welcome, and thank you for your interest in PopOut, operated by Binc, LLC ("PopOut," "we," or "us") and our mobile application, along with our related websites and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and PopOut regarding your use of the Service. Your use of the App is subject to our Privacy Policy (popoutapp.com/privacy). By using the App, you agree to the collection and use of your information as described in the Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE, INCLUDING POPOUT’S PRIVACY POLICY (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND POPOUT’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY POPOUT AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE

Except for certain kinds of disputes described in Section 14 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND POPOUT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. PopOut Service Overview

PopOut provides a platform designed to help men plan or join casual hangouts and connect face-to-face by scheduling walks, meetups, and other activities. The Service allows users to create and join events ("popouts") and fosters a sense of community.

2. Eligibility

You must be at least 18 years old to use the Service. By agreeing to these Terms, you represent and warrant that:

(a) You are at least 18 years old.(b) You have not previously been suspended or removed from the Service.(c) Your registration and use of the Service complies with all applicable laws and regulations.

If you are using the Service on behalf of an entity, organization, or company, the individual accepting these Terms represents and warrants that they have the authority to bind that entity to these Terms, and the entity agrees to be bound by these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When registering, you must provide accurate and complete information and keep it up to date at all times. You are responsible for maintaining the confidentiality of your account credentials and are liable for all activities that occur under your account. Notify us immediately at bo@popoutapp.com if you suspect any unauthorized access or use of your account.

4. General Payment Terms

The Service is currently free. If we implement fees in the future, we will provide you with an opportunity to review and accept the fees before they are charged. All fees will be in U.S. Dollars and will be non-refundable unless otherwise stated.

5. Licenses

5.1. Limited License

Subject to your compliance with these Terms, PopOut grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

(a) Install and use one object code copy of any mobile application associated with the Service on a mobile device you own or control; and (b) Access and use the Service for your personal, non-commercial use.

5.2. License Restrictions

Except as expressly permitted by applicable law, you may not:

(a) Reproduce, distribute, publicly display, or create derivative works of the Service.(b) Modify the Service or circumvent any security measures.(c) Interfere with the operation of the Service.

6. User Conduct

By using the Service, you agree not to:

(a) Use the Service for unlawful purposes or in violation of any applicable law.(b) Harass, threaten, or harm other users.(c) Post inappropriate or harmful content, including offensive language, spam, or malware.(d) Interfere with or disrupt the operation of the Service.

7. Interactions with Other Users

You acknowledge that:

(a) PopOut does not conduct background checks on users or verify the accuracy of user information.(b) You are solely responsible for your interactions with other users, both online and offline.(c) You will take reasonable precautions, particularly when meeting users in person.

PopOut is not liable for any harm arising from interactions with other users.

8. Ownership and Proprietary Rights

The Service is owned and operated by Binc, LLC. All content, design, and materials provided through the Service ("Materials") are the property of PopOut or its licensors. You may not use the Materials without authorization.

9. User Content

9.1. Responsibility for User Content

You are responsible for any content you post to the Service ("User Content"). By posting, you grant PopOut a worldwide, non-exclusive, royalty-free license to use, display, and distribute your User Content.

9.2. Content Guidelines

You agree not to post content that:

(a) Violates any third-party rights, including intellectual property rights.(b) Contains harmful, offensive, or unlawful material.

PopOut reserves the right to remove or edit User Content at its sole discretion.

10. Communications

10.1. Text Messaging

You agree that PopOut and those acting on our behalf may send you text (SMS) messages at the phone number you provide us. These messages may include operational messages about your use of the Service, as well as marketing messages. Text messages may be sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING TEXT MESSAGES FROM POPOUT, YOU CAN EMAIL BO@POPOUTAPP.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL TEXT MESSAGES FROM POPOUT, YOU CAN EMAIL BO@POPOUTAPP.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing texts is not a condition of any purchase on or use of the Service.

10.2. Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11. Disclaimer of Warranties

The Service is provided "as is" and "as available." To the fullest extent permitted by law, PopOut disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. PopOut does not guarantee that the Service will be uninterrupted or error-free.

12. Limitation of Liability

To the fullest extent permitted by law, PopOut is not liable for any indirect, incidental, special, or consequential damages arising out of or related to your use of the Service. PopOut’s total liability to you for any claims arising under these Terms is limited to $100.

13. Indemnification

You agree to indemnify and hold harmless PopOut and its affiliates, officers, employees, and agents from any claims, liabilities, damages, or expenses arising from:

(a) Your use or misuse of the Service.(b) Your violation of these Terms.(c) Your interactions with other users.

14. Dispute Resolution and Arbitration

Except as described in this section, you agree that disputes arising under these Terms will be resolved by binding arbitration. Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules.

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Opt-Out Option

You may opt out of arbitration by sending a written notice to 75 Pearl Street, 3rd Floor, Portland, ME 04104 within 30 days of agreeing to these Terms.

15. Modification and Termination

PopOut may modify or discontinue the Service at any time, with or without notice. These Terms remain effective until terminated by you or PopOut. Upon termination, your account will be deleted, and your right to use the Service will cease.

16. Governing Law

These Terms are governed by the laws of the State of Maine without regard to its conflict of law principles. You consent to the exclusive jurisdiction of the state and federal courts located in Maine for resolution of any disputes not subject to arbitration.

17. Contact Information

The Service is provided by Binc, LLC. You may contact us by mail at 75 Pearl Street, 3rd Floor, Portland, ME 04104, or by email at bo@popoutapp.com.

By using PopOut, you acknowledge that you have read, understood, and agree to these Terms of Service.