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FindYourCrew, Inc. Terms of Service
Last Updated: September 2024
Welcome, and thank you for your interest in FindYourCrew, Inc. (“Crew,” “we,” or “us”) and our website
at https://findyourcrew.ai, along with our related websites, hosted applications, mobile or other
downloadable applications (the “App”), and other services provided by us (collectively, the “Service”).
These Terms of Service are a legally binding contract between you and Crew regarding your use of the
Service.
PLEASE READ THE FOLLOWING 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, THE FOLLOWING TERMS AND CONDITIONS,
INCLUDING CREW’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 CREW’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY CREW
AND BY YOU TO BE BOUND BY THESE TERMS.
YOU AGREE TO RECEIVE TEXTS FROM OR ON BEHALF OF CREW AT THE PHONE NUMBER YOU PROVIDE
TO US. THESE TEXTS WILL INCLUDE OPERATIONAL MESSAGES ABOUT YOUR USE OF THE SERVICE. YOU
UNDERSTAND AND AGREE THAT THESE TEXTS MAY BE CONSIDERED TELEMARKETING UNDER
APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER
AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE.
ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 17 (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 CREW ARE EACH WAIVING THE RIGHT TO A TRIAL
BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
1. Crew Service Overview. The Service connects new friends using a matching algorithm, and helps
existing and new groups of friends book activities with third-party services together. Crew may
facilitate such bookings directly through the Service or by suggesting the third-party service that
users may contact themselves to arrange bookings. For the avoidance of doubt, Crew’s role with
respect to any activity arranged through Crew is limited to the facilitation thereof and Crew is not
involved in any underlying sales transaction between any user and any third party from which a
user purchases a product or service via Crew.
2. Eligibility. You must be a natural person (i.e., not a body corporate, partnership or other business
entity) who is at least 18 years old to use the Service. By agreeing to these Terms, you represent
and warrant to us 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 your use of the Service is in
compliance with any and all applicable laws and regulations; (d) you do not have more than one
account on our Service; and (e) you have not been previously removed from our Service by us,
unless you have our express written consent to create a new account. You agree that you will not
use Crew as a dating application.
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3. Accounts and Registration. To access most features of the Service, you must register for an
account. When you register for an account, you may be required to provide us with some
information about yourself, such as your name, email address, or other contact information. You
agree that the information you provide to us is accurate, complete, and not misleading, and that
you will keep it accurate and up to date at all times. When you register, you will be asked to create
a password. You are solely responsible for maintaining the confidentiality of your account and
password, and you accept responsibility for all activities that occur under your account. If you
believe that your account is no longer secure, then you should immediately notify us at
help@findyourcrew.ai.
4. General Payment Terms. Certain features or tiers of the Service may require you to pay fees,
including Crew’s premium tier of the Service known as “Crew+.” Before you pay any fees, you will
have an opportunity to review and accept the fees that you will be charged. Unless otherwise
specifically provided for in these Terms, all fees are in U.S. Dollars and are non-refundable, except
as required by law.
4.1 Price. Crew reserves the right to determine pricing for the Service. Crew will make reasonable
efforts to keep pricing information published on the Service up to date. Crew may change the fees
for any feature of the Service, including additional fees or charges, if Crew gives you advance
notice of changes before they apply. Crew, at its sole discretion, may make promotional offers
with different features and different pricing to any of Crew’s customers. These promotional offers,
unless made to you, will not apply to your offer or these Terms.
4.2 Authorization. You authorize Crew to charge all sums for the orders that you make and any level
of Service you select as described in these Terms or published by Crew, including all applicable
taxes, to the payment method specified in your account. If you pay any fees with a credit card,
then Crew may seek pre-authorization of your credit card account prior to your purchase to verify
that the credit card is valid and has the necessary funds or credit available to cover your purchase.
Payment transactions may be processed by a third-party payment processor, such as Stripe, Inc.
(“Stripe”), or by the Google Play or Apple App stores, in which case, by making a payment through
the Service, you agree to be bound by and subject to such payment processor’s terms of service
and privacy policy (which, in the case of Stripe, are available at Stripe End User Terms of Service
and Stripe Privacy Policy). We reserve the right to refuse to process or complete any transaction,
and to cancel any transaction, in our sole discretion.
4.3 Subscription Service. The Service may include certain subscription-based plans with automatically
recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date”
is the date when you purchase your first subscription to the Service. The Subscription Service will
begin on the Subscription Billing Date and continue for the subscription period that you select on
your account (such period, the “Initial Subscription Period”), and will automatically renew for
successive periods of the same duration as the Initial Subscription Period (the Initial Subscription
Period and each such renewal period, each a “Subscription Period”) unless you cancel the
Subscription Service or we terminate it. If you activate a Subscription Service, then you authorize
Crew or its third-party payment processors to periodically charge, on a going-forward basis and
until cancellation of the Subscription Service, all accrued sums on or before the payment due date.
Your account will be charged automatically on the Subscription Billing Date and thereafter on the
renewal date of your Subscription Service for all applicable fees and taxes for the next
Subscription Period (“Subscription Fee”). You must cancel your Subscription Service before it
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renews in order to avoid billing of the next periodic Subscription Fee to your account. Crew or its
third-party payment processor will bill the periodic Subscription Fee to the payment method
associated with your account or that you otherwise provide to us. You may cancel the Subscription
Service through the App. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE
IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.
4.4 Delinquent Accounts. Crew may suspend or terminate access to the Service, including fee-based
portions or tiers of the Service, for any account for which any amount is due but unpaid. In
addition to the amount due for the Service, a delinquent account will be charged with fees or
charges that are incidental to any chargeback or collection of any the unpaid amount, including
collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee
is due, then Crew reserves the right to delete your account and any information or User Content
(defined below) associated with your account without any liability to you.
5. Licenses
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Crew grants
you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable,
non-sublicensable, revocable license to: (a) install and use one object code copy of the App
associated with the Service (whether installed by you or pre-installed on your mobile device by
the device manufacturer or a wireless telephone provider) on a mobile device that you own or
control; and (b) access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under
applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create
derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or
circumvent any feature of the Service, including any security or access control mechanism. If you
are prohibited under applicable law from using the Service, then you may not use it.
5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose
to provide input and suggestions regarding existing functionalities, problems with or proposed
modifications or improvements to the Service (“Feedback”), then you hereby grant Crew an
unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to
exploit the Feedback in any manner and for any purpose, including to improve the Service and
create other products and services. We will have no obligation to provide you with attribution for
any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by Crew. The visual interfaces,
graphics, design, compilation, information, data, computer code (including source code or object
code), products, software, services, and all other elements of the Service provided by Crew
(“Materials”) are protected by intellectual property and other laws. All Materials included in the
Service are the property of Crew or its third-party licensors. Except as expressly authorized by
Crew, you may not make use of the Materials. There are no implied licenses in these Terms and
Crew reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
7.1 Third-Party Services and Linked Websites. Crew may provide tools through the Service that
enable you to export information, including User Content, to third-party services. By using one of
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these tools, you hereby authorize that Crew may transfer that information to the applicable third-
party service(s). Third-party services are not under Crew’s control, and, to the fullest extent
permitted by law, Crew is not responsible for any third-party service’s use of your exported
information. The Service may also contain links to third-party websites. Linked websites are not
under Crew’s control, and Crew is not responsible for their content. Please be sure to review the
terms of use and privacy policy of any third-party services before you share any User Content or
information with such third-party services. Once sharing occurs, Crew will have no control over
the information that has been shared.
7.2 Third-Party Software. The Service may include or incorporate third-party software components
that are generally available free of charge under licenses granting recipients broad rights to copy,
modify, and distribute those components (“Third-Party Components”). Although the Service is
provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended
to prevent or restrict you from obtaining Third-Party Components under the applicable third-party
licenses or to limit your use of Third-Party Components under those third-party licenses.
7.3 Compensation for Promotion of Third-Party Products and Services. Crew features, promotes,
and suggests activities that are offered by third-party services. Crew is independently owned and
only promotes third-party services that it believes are worthy of promotion after its own
independent evaluation. Crew may have a connection to, or receive compensation or other
benefits in connection with, certain third-party services it promotes. In particular, third-party
services who have a contractual relationship with Crew, under which Crew receives a revenue
share for promoting them, will be identified on the Service as an “Official Crew Partner.”
8. User Content
8.1 User Content Generally. Certain features of the Service may permit users to submit, upload,
publish, broadcast, or otherwise transmit (“Post”) content to the Service, including messages,
reviews, photos, video or audio (including sound or voice recordings and musical recordings
embodied in the video or audio), images, folders, data, text, and any other works of authorship
or other works (“User Content”). You retain any copyright and other proprietary rights that you
may hold in the User Content that you Post to the Service, subject to the licenses granted in these
Terms.
8.2 Limited License Grant to Crew. By Posting User Content to or via the Service, you grant Crew a
worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to
sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform
(including by means of a digital audio transmission), communicate to the public, reproduce,
modify for the purpose of formatting for display, create derivative works as authorized in these
Terms, and distribute your User Content, in whole or in part, in any media formats and through
any media channels, in each instance whether now known or hereafter developed. By Posting
User Content to the Service, you also grant Crew the right to use the data, content, and
information derived from the User Content to provide and improve the Service, including to train
our algorithms through machine learning and for what is commonly referred to as “generative
artificial intelligence” purposes. You agree that Crew may aggregate your data with the data of
other Crew users for such purposes. All of the rights you grant in these Terms are provided on a
through-to-the-audience basis, meaning the owners or operators of external services will not
have any separate liability to you or any other third party for User Content Posted or otherwise
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used on external services via the Service. You agree to pay all monies owing to any person or
entity resulting from Posting your User Content and from Crew’s exercise of the license set forth
in this Section.
8.3 Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that
includes one or more persons, you hereby grant such persons and their administrators, guardians,
heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license
to reproduce, distribute, and publicly display that photograph for personal use and through any
online platform or service, including the Service, Facebook, Instagram, and Twitter, but not to
promote any third-party product, good, or service. The license contained in this Section does not
permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that
image or photograph, whether on a standalone basis or as embodied in any product.
8.4 You Must Have Rights to the Content You Post; User Content Representations and Warranties.
You must not Post User Content if you are not the owner of or are not fully authorized to grant
rights in all of the elements of that User Content. Crew disclaims any and all liability in connection
with User Content. You are solely responsible for your User Content and the consequences of
providing User Content via the Service. By providing User Content via the Service, you affirm,
represent, and warrant to us that:
(a) you are the creator and owner of the User Content, or have the necessary licenses, rights,
consents, and permissions to authorize Crew and users of the Service to use and distribute
your User Content as necessary to exercise the licenses granted by you in this Section, in
the manner contemplated by Crew, the Service, and these Terms;
(b) your User Content, and the Posting or other use of your User Content as contemplated
by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise
breach any third-party right, including any copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual property, contract,
or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or
other property rights of any other person; or (iii) cause Crew to violate any law or
regulation or require us to obtain any further licenses from or pay any royalties, fees,
compensation or other amounts or provide any attribution to any third parties; and
(c) your User Content could not be deemed by a reasonable person to be objectionable,
profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or
otherwise inappropriate.
8.5 User Content Disclaimer. We are under no obligation to edit or control User Content that you or
other users Post and will not be in any way responsible or liable for User Content. Crew may,
however, at any time and without prior notice, screen, remove, edit, or block any User Content
that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or
is otherwise objectionable. You understand that, when using the Service, you will be exposed to
User Content from a variety of sources and acknowledge that User Content may be inaccurate,
offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable
right or remedy you have or may have against Crew with respect to User Content. If notified by a
user or content owner that User Content allegedly does not conform to these Terms, we may
investigate the allegation and determine in our sole discretion whether to remove the User
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Content, which we reserve the right to do at any time and without notice. For clarity, Crew does
not permit infringing activities on the Service.
8.6 Monitoring Content. Crew does not control and does not have any obligation to monitor: (a) User
Content; (b) any content made available by third parties; or (c) the use of the Service by its users.
You acknowledge and agree that Crew reserves the right to, and may from time to time, monitor
any and all information transmitted or received through the Service for operational and other
purposes. If at any time Crew chooses to monitor the content, then Crew still assumes no
responsibility or liability for content or any loss or damage incurred as a result of the use of
content. During monitoring, information may be examined, recorded, copied, and used in
accordance with our Privacy Policy (defined below). Crew may block, filter, mute, remove or
disable access to any User Content uploaded to or transmitted through the Service without any
liability to the user who Posted such User Content to the Service or to any other users of the
Service.
9. Communications
9.1 Text Messaging. You agree that Crew 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 CREW, YOU CAN EMAIL HELP@FINDYOURCREW.AI
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 CREW, YOU CAN EMAIL
HELP@FINDYOURCREW.AI 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.
9.2 Push Notifications. When you install our app on your mobile device, you agree to receive push
notifications, which are messages an app sends you on your mobile device when you are not in
the app. You can turn off notifications by visiting your mobile device’s “settings” page.
9.3 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.
10. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:
10.1 use the Service for any illegal purpose or in violation of any local, state, national, or international
law;
10.2 harass, threaten, demean, embarrass, bully, stalk, or otherwise harm any other user of the Service
either through the App or at an in-person activity;
10.3 use the Service to book and/or attend an in-person activity with any sort of malicious intent;
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10.4 violate, encourage others to violate, or provide instructions on how to violate, any right of a third
party, including by infringing or misappropriating any third-party intellectual property right;
10.5 access, search, or otherwise use any portion of the Service through the use of any engine,
software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining
tools) other than the software or search agents provided by Crew;
10.6 interfere with security-related features of the Service, including by: (i) disabling or circumventing
features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering
or otherwise attempting to discover the source code of any portion of the Service except to the
extent that the activity is expressly permitted by applicable law;
10.7 interfere with the operation of the Service or any user’s enjoyment of the Service, including by:
(i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious
code; (ii) making any unsolicited offer or advertisement to another user of the Service;
(iii) collecting personal information about another user or third party without consent; or
(iv) interfering with or disrupting any network, equipment, or server connected to or used to
provide the Service;
10.8 perform any fraudulent activity including impersonating any person or entity, claiming a false
affiliation or identity or otherwise misrepresenting your identity, accessing any other Service
account without permission;
10.9 sell or otherwise transfer the access granted under these Terms or any Materials (as defined in
Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any
Materials;
10.10 attempt to do any of the acts described in this Section 10 (Prohibited Conduct) or assist or permit
any person in engaging in any of the acts described in this Section 10 (Prohibited Conduct).
11. Intellectual Property Rights Protection
11.1 Respect of Third Party Rights. Crew respects the intellectual property rights of others, takes the
protection of intellectual property rights very seriously, and asks users of the Service to do the
same. Infringing activity will not be tolerated on or through the Service.
11.2 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act
applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual
property rights-related complaint about any material on the Service, you may contact our
Designated Agent at the following address:
FindYourCrew, Inc.
Attn: Legal Department (IP Notification)
2108 N St #5316, Sacramento, CA 95816
Email: legal@findyourcrew.ai
11.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available
on or through the Service has been used or exploited in a manner that infringes an intellectual
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property right you own or control, then please promptly send a written “Notification of Claimed
Infringement” to the Designated Agent identified above containing the following information:
(a) an electronic or physical signature of the person authorized to act on behalf of the owner
of the copyright or other right being infringed;
(b) a description of the copyrighted work or other intellectual property right that you claim
has been infringed;
(c) a description of the material that you claim is infringing and where it is located on the
Service;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the materials on the
Service of which you are complaining is not authorized by the copyright or other
intellectual property right owner, its agent, or the law; and
(f) a statement by you that the above information in your notice is accurate and that, under
penalty of perjury, you are the copyright or other intellectual property right owner or
authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by Crew with the user alleged to have infringed
a right you own or control as well as with the operators of publicly available databases that track
notifications of claimed infringement, and you consent to Crew making such disclosures. You should
consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice
of claimed infringement.
11.4 Repeat Infringers. Crew’s policy is to: (a) remove or disable access to material that Crew believes
in good faith, upon notice from an intellectual property rights owner or authorized agent, is
infringing the intellectual property rights of a third party by being made available through the
Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to
the Service by any user who repeatedly or egregiously infringes other people’s copyright or other
intellectual property rights. Crew will terminate the accounts of users that are determined by
Crew to be repeat infringers. Crew reserves the right, however, to suspend or terminate accounts
of users in our sole discretion.
11.5 Counter Notification. If you receive a notification from Crew that material made available by you
on or through the Service has been the subject of a Notification of Claimed Infringement, then
you will have the right to provide Crew with what is called a “Counter Notification.” To be
effective, a Counter Notification must be in writing, provided to Crew’s Designated Agent through
one of the methods identified in Section 11.2 (DMCA Notification), and include substantially the
following information:
(a) your physical or electronic signature;
(b) identification of the material that has been removed or to which access has been disabled
and the location at which the material appeared before it was removed or access to it
was disabled;
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(c) a statement under penalty of perjury that you have a good faith belief that the material
was removed or disabled as a result of mistake or misidentification of the material to be
removed or disabled; and
(d) your name, address, and telephone number, and a statement that you consent to the
jurisdiction of Federal District Court for the judicial district in which the address is located,
or if you are residing outside of the United States, then for any judicial district in which
Crew may be found, and that you will accept service of process from the person who
provided notification under Section 11.2 (DMCA Notification) above or an agent of that
person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to
confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
11.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to
Crew in response to a Notification of Claimed Infringement, then Crew will promptly provide the
person who provided the Notification of Claimed Infringement with a copy of your Counter
Notification and inform that person that Crew will replace the removed User Content or cease
disabling access to it in 10 business days, and Crew will replace the removed User Content and
cease disabling access to it not less than 10, nor more than 14, business days following receipt of
the Counter Notification, unless Crew’s Designated Agent receives notice from the party that
submitted the Notification of Claimed Infringement that such person has filed an action seeking a
court order to restrain the user from engaging in infringing activity relating to the material on
Crew’s system or network.
11.7 False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides
at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section
512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that
material or activity was removed or disabled by mistake or misidentification, will be liable for any
damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright
owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such
misrepresentation, as the result of Crew relying upon such misrepresentation in removing or
disabling access to the material or activity claimed to be infringing, or in replacing the removed
material or ceasing to disable access to it.” Crew reserves the right to seek damages from any
party that submits a Notification of Claimed Infringement or Counter Notification in violation of
the law.
12. Modification of Terms. We may, from time to time, change these Terms. Please check these
Terms periodically for changes. Revisions will be effective immediately except that, for existing
users, material revisions will be effective 30 days after posting or notice to you of the revisions
unless otherwise stated. We may require that you accept modified Terms in order to continue to
use the Service. If you do not agree to the modified Terms, then you should remove your User
Content and discontinue your use of the Service and/or delete your account. Except as expressly
permitted in this Section 12 (Modification of Terms), these Terms may be amended only by a
written agreement signed by authorized representatives of the parties to these Terms.
13. Term, Termination, and Modification of the Service
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13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install,
access, or use the Service, and ending when terminated as described in Section 13.2
(Termination).
13.2 Termination. If you violate any provision of these Terms, then your authorization to access the
Service and these Terms automatically terminate. In addition, Crew may, at its sole discretion and
without limitation to Crew’s other rights or remedies, terminate these Terms or your account on
the Service, or suspend or terminate your access to the Service, at any time for any reason or no
reason, with or without notice, and without any liability to you arising from such termination. You
may terminate your account and these Terms at any time through the App.
13.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and
you must immediately cease all use of the Service; (b) you will no longer be authorized to access
your account or the Service; (c) you must pay Crew any unpaid amount that was due prior to
termination; and (d) all payment obligations accrued prior to termination and Sections 5.3
(Feedback), 6 (Ownership; Proprietary Rights), 13.3 (Effect of Termination), 14 (Indemnity), 15
(Disclaimers; No Warranties by Crew), 16 (Limitation of Liability), 17 (Dispute Resolution and
Arbitration), and 18 (Miscellaneous) will survive. You are solely responsible for retaining copies of
any User Content you Post to the Service since upon termination of your account, you may lose
access rights to any User Content you Posted to the Service. If your account has been terminated
for a breach of these Terms, then you are prohibited from creating a new account on the Service
using a different name, email address or other forms of account verification.
13.4 Modification of the Service. Crew reserves the right to modify or discontinue all or any portion of
the Service at any time (including by limiting or discontinuing certain features of the Service),
temporarily or permanently, without notice to you. Crew will have no liability for any change to
the Service, including any paid-for functionalities of the Service, or any suspension or termination
of your access to or use of the Service. You should retain copies of any User Content you Post to
the Service so that you have permanent copies in the event the Service is modified in such a way
that you lose access to User Content you Posted to the Service.
14. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service,
and you will defend and indemnify Crew, its affiliates and their respective shareholders, directors,
managers, members, officers, employees, consultants, and agents (together, the “Crew Entities”)
from and against every claim brought by a third party, and any related liability, damage, loss, and
expense, including attorneys’ fees and costs, arising out of or connected with: (1) your
unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms,
any representation, warranty, or agreement referenced in these Terms, or any applicable law or
regulation; (3) your violation of any third-party right, including any intellectual property right or
publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you
and any third party, including, without limitation, any dispute, issue or damages that arise in
connection with your use of products or services you purchase from a third party via the Service.
We reserve the right, at our own expense, to assume the exclusive defense and control of any
matter otherwise subject to indemnification by you (without limiting your indemnification
obligations with respect to that matter), and in that case, you agree to cooperate with our defense
of those claims.
15. Disclaimers; No Warranties by Crew
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15.1 THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE
PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. CREW DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND
CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-
INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR
TRADE. CREW DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR
ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED,
SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND CREW DOES
NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SERVICE OR CREW ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE
WILL CREATE ANY WARRANTY REGARDING ANY OF THE CREW ENTITIES OR THE SERVICE THAT IS
NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT
MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU
UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN
DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR
PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION
WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
15.3 Aspects of the Service may rely on artificial intelligence to provide output (“Output”), including
connection suggestions, activity suggestions, and recommendations. Artificial intelligence uses
probabilistic models to examine data and generate responses to queries, and thus may return
inaccurate information as part of Output. Prior to any use of an Output, you will make your own
determination as to the safety, efficacy, and appropriateness of any response for any given use.
YOU ACKNOWLEDGE AND AGREE THAT (A) OUTPUT MAY NOT BE UNIQUE, NOVEL, EXCLUSIVE, OR
OTHERWISE SPECIFIC TO YOU AND OTHER USERS OF THE SERVICES MAY RECEIVE SIMILAR
OUTPUT VIA THE SERVICE; AND (B) THERE MAY BE ERRORS, INCONSISTENCIES, INCOMPLETENESS,
OR INACCURACIES IN OUTPUT FOR VARIOUS REASONS (INCLUDING THE QUALITY OR TYPE OF
INPUTS AND THE INHERENT LIMITATIONS AND PROBABILISTIC NATURE OF MACHINE LEARNING
TECHNOLOGY USED IN CONNECTION WITH THE SERVICES). CREW MAKES NO REPRESENTATION
OR WARRANTY WITH RESPECT TO ANY OF THE FOREGOING ACKNOWLEDGMENTS AND WILL NOT
BE LIABLE FOR ANY ERRORS, INCONSISTENCIES, OR INACCURACIES IN THE OUTPUT.
15.4 Crew makes no representations as to the safety, effectiveness, adequacy, accuracy, availability,
prices, ratings, reviews, or legality of any of the information contained on the Service, including
any third-party services, bookings, and activities that may be featured or suggested, or the
conduct of its users. You understand and agree that the content of the Service does not contain
or constitute representations to be reasonably relied upon. Crew does not endorse or recommend
any third-party services, bookings, or activities. You acknowledge and agree that Crew is not liable
for any claims, demands, damages, losses, or liability (“Losses”) arising from your use of third-
party services, bookings, or activities, including Losses arising from your interactions with other
individuals or groups at in-person activities. The Service is not a matchmaking or dating service
and is not intended to be used for those purposes. Crew does not conduct or require any
background checks on its users, nor does Crew inquire into its users’ backgrounds or attempt to
verify their identities or statements.
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15.5 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 (DISCLAIMERS; NO
WARRANTIES BY CREW) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Crew does not
disclaim any warranty or other right that Crew is prohibited from disclaiming under applicable
law.
16. Limitation of Liability
16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE CREW ENTITIES BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS)
ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS
OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON
WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT ANY CREW ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF
DAMAGE.
16.2 EXCEPT AS PROVIDED IN SECTIONS 17.5 (COMMENCING ARBITRATION) AND 17.7 (ARBITRATION
RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE
CREW ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY
INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER
IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU
HAVE PAID TO CREW FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE
EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.
16.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER
OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS
BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF
THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE
AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS
SECTION 16 (LIMITATION OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS
ESSENTIAL PURPOSE.
17. Dispute Resolution and Arbitration
17.1 Generally. Except as described in Section 17.2 (Exceptions) and 17.3 (Opt-Out), you and Crew
agree that every dispute arising in connection with these Terms, the Service, or communications
from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead
of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery
than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes
includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other
legal theory, and regardless of whether a claim arises during or after the termination of these
Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding
arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CREW ARE EACH
WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
17.2 Exceptions. 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
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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.
17.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the
provisions of this Section 17 (Dispute Resolution and Arbitration) within 30 days after the date
that you agree to these Terms by sending a letter to FindYourCrew, Inc., Attention: Legal
Department – Arbitration Opt-Out, 2108 N St #5316, Sacramento, CA 95816 that specifies: your
full legal name, the email address associated with your account on the Service, and a statement
that you wish to opt out of arbitration (“Opt-Out Notice”). Once Crew receives your Opt-Out
Notice, this Section 17 (Dispute Resolution and Arbitration) will be void and any action arising out
of these Terms will be resolved as set forth in Section 18.2 (Governing Law). The remaining
provisions of these Terms will not be affected by your Opt-Out Notice.
17.4 Arbitrator. This arbitration agreement, and any arbitration between us, is subject the Federal
Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under
its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA
Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879,
or by contacting Crew.
17.5 Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of
the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or,
only if that other party has not provided a current physical address, then by electronic mail
(“Notice of Arbitration”). Crew’s address for Notice is: FindYourCrew, Inc., 2108 N St #5316,
Sacramento, CA 95816 . The Notice of Arbitration must: (a) identify the name or account number
of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c)
set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve
the claim directly, but if the parties do not reach an agreement to do so within 30 days after the
Notice of Arbitration is received, you or Crew may commence an arbitration proceeding. If you
commence arbitration in accordance with these Terms, Crew will reimburse you for your payment
of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25
or more similar demands for arbitration, in which case the payment of any fees will be decided by
the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in
the Demand is frivolous or brought for an improper purpose (as measured by the standards set
forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by
the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.
17.6 Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your
residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek
injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the
basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c)
by an in-person hearing as established by the AAA Rules in the county (or parish) of your
residence. During the arbitration, the amount of any settlement offer made by you or Crew must
not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if
any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a
reasoned written decision sufficient to explain the essential findings and conclusions on which the
decision and award, if any, are based.
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17.7 Arbitration Relief. Except as provided in Section 17.8 (No Class Actions), the arbitrator can award
any relief that would be available if the claims had been brought in a court of competent
jurisdiction. If the arbitrator awards you an amount higher than the last written settlement
amount offered by Crew before an arbitrator was selected, Crew will pay to you the higher of: (a)
the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final
and binding on all parties , except (1) for judicial review expressly permitted by law or (2) if the
arbitrator's award includes an award of injunctive relief against a party, in which case that party
shall have the right to seek judicial review of the injunctive relief in a court of competent
jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment
on the award may be entered in any court having jurisdiction.
17.8 No Class Actions. YOU AND CREW AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Crew agree
otherwise, the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of a representative or class proceeding.
17.9 Modifications to this Arbitration Provision. If Crew makes any substantive change to this
arbitration provision, you may reject the change by sending us written notice within 30 days of
the change to Crew’s address for Notice of Arbitration, in which case your account with Crew will
be immediately terminated and this arbitration provision, as in effect immediately prior to the
changes you rejected will survive.
17.10 Enforceability. If Section 17.8 (No Class Actions) or the entirety of this Section 17 (Dispute
Resolution and Arbitration) is found to be unenforceable, or if Crew receives an Opt-Out Notice
from you, then the entirety of this Section 17 (Dispute Resolution and Arbitration) will be null and
void and, in that case, the exclusive jurisdiction and venue described in Section 18.2 (Governing
Law) will govern any action arising out of or related to these Terms.
18. Miscellaneous
18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly
incorporated by reference into these Terms, are the entire and exclusive understanding and
agreement between you and Crew regarding your use of the Service. You may not assign or
transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or
otherwise, without our prior written consent. We may assign these Terms and all rights granted
under these Terms, including with respect to your User Content, at any time without notice or
consent. The failure to require performance of any provision will not affect our right to require
performance at any other time after that, nor will a waiver by us of any breach or default of these
Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a
waiver of the provision itself. Use of Section headers in these Terms is for convenience only and
will not have any impact on the interpretation of any provision. Throughout these Terms the use
of the word “including” means “including but not limited to.” If any part of these Terms is held to
be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent
possible, and the remaining parts will remain in full force and effect.
18.2 Governing Law. These Terms are governed by the laws of the State of California without regard
to conflict of law principles. You and Crew submit to the personal and exclusive jurisdiction of the
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state courts and federal courts located within Orange County, California for resolution of any
lawsuit or court proceeding permitted under these Terms. We operate the Service from our
offices in California, and we make no representation that Materials included in the Service are
appropriate or available for use in other locations.
18.3 Privacy Policy. Please read the Crew Privacy Policy (the “Privacy Policy”) carefully for information
relating to our collection, use, storage, and disclosure of your personal information. The Crew
Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
18.4 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we may post on or link
to from the Service, including, without limitation, our Community Guidelines (the “Additional
Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these
Terms.
18.5 Consent to Electronic Communications. By using the Service, you consent to receiving certain
electronic communications from us as further described in our Privacy Policy. Please read our
Privacy Policy to learn more about our electronic communications practices. You agree that any
notices, agreements, disclosures, or other communications that we send to you electronically will
satisfy any legal communication requirements, including that those communications be in writing.
18.6 Contact Information. The Service is offered by FindYourCrew, Inc., located at 2108 N St #5316,
Sacramento, CA 95816 . You may contact us by sending correspondence to that address or by
emailing us at help@findyourcrew.ai.
18.7 Notice to California Residents. If you are a California resident, then under California Civil Code
Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer
Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite
N 112, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a
complaint regarding the Service or to receive further information regarding use of the Service.
18.8 No Support. We are under no obligation to provide support for the Service. In instances where
we may offer support, the support will be subject to published policies.
18.9 International Use. The Service is intended for visitors located within the United States. We make
no representation that the Service is appropriate or available for use outside of the United States.
Access to the Service from countries or territories or by individuals where such access is illegal is
prohibited.
19. Notice Regarding Apple. This Section 19 (Notice Regarding Apple) only applies to the extent you
are using our mobile application on an iOS device. You acknowledge that these Terms are between
you and Crew only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or
the content of it. Apple has no obligation to furnish any maintenance and support services with
respect to the Service. If the Service fails to conform to any applicable warranty, you may notify
Apple, and Apple will refund any applicable purchase price for the mobile application to you. To
the maximum extent permitted by applicable law, Apple has no other warranty obligation with
respect to the Service. Apple is not responsible for addressing any claims by you or any third party
relating to the Service or your possession and/or use of the Service, including: (1) product liability
claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory
16
requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not
responsible for the investigation, defense, settlement, and discharge of any third-party claim that
the Service and/or your possession and use of the Service infringe a third party’s intellectual
property rights. You agree to comply with any applicable third-party terms when using the Service.
Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your
acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the
right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby
represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or
restricted parties.
