Terms of Service

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.

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

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

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

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

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

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

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;

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

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;

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;

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

13.1 Term. These Terms are effective beginning when you accept the Terms or first download, install,

access, or use