Terms & Conditions
Terms & Conditions
(Last updated: December 2020)
Hello Friend!
Welcome to FriendMo! We nudge you to do one simple act of good, for one friend in your life, once a day, every day. We help you keep track of whom you do good for, and maintain and grow your friendship network over time by doing good. These Terms & Conditions along with our Privacy Policy lay out the ground rules for using FriendMo. By using our app and featured services, you agree to our Terms, as well as our Privacy Policy. If you don’t like what you see here or agree to these terms, we’re sorry that we’re quite not the app for you, but we really appreciate you checking us out and hope you have an awesome day!
1. FriendMo Services
Our mission is to spread good in the world. To achieve our mission, FriendMo provides the following free services to you:
- Creative, daily suggestions (“Good of the Day”) to do a good for a friend or for yourself, either online or offline
- Ability to record whom you did a good for, and maintain a repository of all goods you’ve done and the friends you’ve done them for
- Build a directory of friends for whom you want to do good, and receive calendar reminders to perform goods for a specific friend
- See which other users of FriendMo – both in your geographic area and across the app – have done the same good as you, and give and receive thanks for doing the good
Suggest new goods for the FriendMo community
2. Personal Data
Unlike other social media apps or platforms which may collect your personal data and sell it to third parties and advertisers, we don’t do any of that. We are a mission-driven social enterprise that genuinely wants to spread good and encourage others to do the same. So, it’s just not our vibe to bombard you with ads or sell your data. Any personal data you provide to us would be only used and analyzed to help us improve our services for you and think of more really awesome goods that you can do for your friends, family, and the world.
Please review our Privacy Policy to understand how we use data for purpose of research to develop, test, and improv FriendMo.
3. Updates to Terms or Privacy Policy
We strive to constantly improve our service and develop new, cool features to help spread good in the world. Therefore, we may need to amend or modify our Terms and Privacy Policy occasionally to accurately reflect FriendMo’s services and keep up to date with changes in Internet technology and comply with applicable laws, rules, and regulations in order to provide you the best and most secure service as we can.
Unless otherwise required by law, any changes we make to our Terms & Conditions and/or Privacy Policy will be posted here with the date of the latest revision indicated at the top. By continuing to use FriendMo after being notified of changes, you consent to any new or modified provisions to our Terms and Privacy Policy posted here.
If that sounds cool to you, we would love for you to remain a FriendMo friend If you do not agree to updated Terms and no longer wish to do good through FriendMo, you can delete your account at any time.
4. Right to Revoke Accounts
Our goal is to make FriendMo a vehicle of doing good and we want our app to be a safe place for our users to do good. Accordingly, we reserve the right to revoke accounts for any user who violates our Terms & Conditions, Privacy Policy, or any applicable laws, rules, and regulations. Further, we reserve the right to revoke accounts for any users to try to use our app to engage in harassment, predatory behavior, or inciting any form of violent behavior.
Where we take such action, we will notify you and explain the reasons for termination, as well as any options you have to request a review, unless doing so may expose FriendMo or others to legal liability, harm our users, or compromise the integrity or operation of our services, or where we are technologically or legally limited from doing so.
5. App Performance, Limits on Liability, and DISCLAIMERS
At FriendMo, we try our best to provide speedy and smooth operation of our app service. However, as we continue to develop and improve our app, tech glitches or other interruptions of service may occasionally occur that could disrupt your use. We hope such instances would only be very rare and minor inconveniences and we invite you to wait and try accessing FriendMo again later.
By using FriendMo and agreeing our Terms, as well as Privacy Policy, you acknowledge that FriendMo’s services are provided “as is” and that we cannot guarantee that our services will always be safe, secure, or glitch-free. Please understand that as much as we strive to provide smooth, interrupted service of FriendMo, we cannot possibly predict every error or bad or inconvenient scenario. We will not be liable for any failure or interruptions of service for tech glitches and especially for events beyond our control such as, but not limited to pandemic, war, civil unrest, terrorism, natural disaster, labor disturbances, Internet outage, power outages, and of course, acts of God (even if you don’t believe in such higher power). This list might sound like an unlikely parade of horribles, but let’s be real…the year 2020 has been a year of the horribly unexpected!
Also, to the extent permitted by law, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control how our users may choose to perform a good, and we are not responsible for their actions or conduct whether online or offline, or any content they share that may be offensive, inappropriate, obscene, unlawful, or otherwise objectionable.
Under no circumstance, will we at FriendMo be liable to you for any lost information, data, profits, revenues, or consequential, indirect, incidental, special, exemplary, or punitive damages arising out of or related to these Terms or FriendMo’s service.
6. Access, Account Security, and Password
Access to FriendMo is available to anyone above 18 in the general public with access to the Internet and smartphone and who is not a convicted or registered sex offender. By joining FriendMo and creating an account with us, you warrant that you are above the age of 18 and able to enter into legally binding contracts.
We also need you to provide us with accurate and complete registration information so that we can make the community safer and more accountable. This means creating only one account for yourself and using the same name you use in everyday life (no alias, alter egos, fictitious personas, or impersonating someone else).
By providing us with personal information like your name, email, age, location, etc., you consent to us collecting and using that information as described in our Privacy Policy.
To protect our FriendMo users from trolls, hackers, or any other bad-faith individuals or entities out in there in this strange world, we reserve the right to suspend, limit, or terminate FriendMo accounts to anyone providing us with false or misleading information. FriendMo is intended to be a real service of good to real people seeking to do good in the world. So please don’t abuse FriendMo or any of our users. Also, to help us protect the FriendMo community, please report any suspected bad-faith users to us so that we can conduct swift and appropriate investigations.
If you believe that your account has been compromised or suspect that an unauthorized person or entity has accessed your account, please notify us immediately at [email protected] and we’ll work with you to secure your account once again so that it continues to be a vehicle for good in the world. In certain circumstances, we might have to shut down your account if it has been compromised, but we’ll try to work with you to create a new account.
7. Permissions
In order to provide you access to FriendMo to log the goods you do for others, we need certain permissions from you. Accordingly, you consent and agree to allow us to:
- Use content you create and share your original photos or videos that may be protected by intellectual property laws. You own the intellectual property rights (things like copyright or trademarks) in any such good that you create and share on FriendMo. Nothing in these Terms takes away the rights you have to your own original content. You are free to share your content with anyone else, wherever you want.
However, by posting such content on FriendMo, or using such content in the act of completing a good on FriendMo or suggesting a good to FriendMo, you grant us a non-exclusive, transferable, sub-licensable, and worldwide license or permission to use, host, use, run, copy, publicly display, or create derivative works of your original content on our platform, consistent with our Privacy Policy. For example, if you share a photo as a good to a friend on FriendMo, you give us permission to store, copy, and share it with others (such as our service providers that support FriendMo’s service and operations that you use). You have the complete freedom to revoke this permission by deleting your content from FriendMo.
You may delete your content on FriendMo (such as friends for whom you do good for) individually or all at once by deleting your account. When you delete content, it may continue to exist elsewhere on our systems where:
- immediate deletion is not possible due to technical limitations;
- immediate deletion would restrict our ability to comply with a legal obligation (such as the preservation of evidence) or a request from law enforcement or a government agency;
- immediate deletion would restrict our ability to identify or investigate illegal or criminal activity, or violations of our Terms and Privacy Policy.
- In these kinds of cases, your content will be retained for no longer than is necessary to achieve the purposes for which it has been retained. Please note and acknowledge that the exact duration will vary on a case-by-case basis and the license you grant us to your content will continue until the content has been fully deleted.
- Permission to use your name and profile picture without any compensation to you.
- Permission to update the FriendMo app or install updates to the software you used to download and access FriendMo.
8. Prohibitions
Because our mission is to spread good and positivity in the world, we won’t allow any form of harassment or trolling using FriendMo. And it should go without saying, but we’ll say it here anyway for clarity, that any illegal and criminal conduct is also prohibited on FriendMo because we believe crime is not cool or good. Further, to make it crystal clear, the following activities are also prohibited on FriendMo, or in the course of performing a good on FriendMo:
- doing anything that is fraudulent, libelous, defamatory, offensive, obscene, pornographic, sexually explicit or indecent;
- abusing, blackmailing, cyberbullying, harassing, stalking, trolling, or inciting violence against any individual, FriendMo user, or FriendMo administrator;
- infringing on the intellectual property right or rights to publicity of others or revealing confidential or proprietary information belonging to other person or entity;
- collecting information about other FriendMo users without their express consent;
- inhibiting or restricting any other FriendMo users from using and enjoying FriendMo;
- attempting to obtain unauthorized access to FriendMo or restricted app features by creating a false identity or using another FriendMo user account or misrepresenting your affiliation with a person or entity, including impersonating or posing as a FriendMo administrator;
- making false or misleading statements of fact;
- directly or indirectly transmitting “spam” or any other type of unsolicited solicitation, including but not limited to chain letters, junk mail, mass e-mailings;
- damaging, disrupting, interfering, or hacking FriendMo or any of our partner websites linked to it through viruses, Trojan horses, harmful code, packet or IP spoofing, cancel bots, flood pings, denial of service attacks, forged routing of electronic mail address information, or similar methods or technology;
- using meta tags or any other “hidden text” utilizing the FriendMo name, trademarks, or product names;
- posting links to websites containing immoral, violent, pornographic or pedophilic material, or websites that undermine human dignity or that are intended to display or sell objects, substances and/or works that are banned or illicit;
- advertising, selling, or offering to sell any goods or services without FriendMo’s express permission.
9. Intellectual Property
We, the developers of FriendMo, worked very hard and invested a lot of time thinking of ways to spread good in the world and to encourage others to do good daily. Therefore, we retain all rights, titles, and interests in and to all copyrights, patents, trade secrets, trademarks, and intellectual property rights in and to FriendMo. That means we own all original FriendMo content as our proprietary information including but not limited to computer or program coding, data, information design, text, graphics, photographs, illustrations, animations audio clips, video clips, other files, apps, and the selection, arrangement and organization of such content.
Unauthorized use of our Proprietary Information is strictly prohibited. Reproducing, publishing, or distributing the contents or Proprietary Information of FriendMo without our express written consent constitutes an infringement on our property rights. We reserve the right to take legal action for any alleged violation or infringement, and to terminate your membership account and deny or block access to FriendMo for any unauthorized use of our Proprietary Information.
10. Digital Millennium Copyright Notice and Other Reports of Infringement.
Under the “Digital Millennium Copyright Act of 1998” (17 U.S.C. § 512(c)(2)), you may contact the administrators of FriendMo to report the infringement of any intellectual property right. Please send a written Notifications of Alleged Copyright Infringement to our DMCA Designated Agent (detailed below) containing the following information:
- your first and contact information;
- a description of the allegedly infringed work;
- a description of the location of the work on the Website and URL;
- a statement of disputed use;
- a attestation by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner; and
- your physical or electronic signature.
Upon receiving such notice, we will remove or disable access to the allegedly infringing material and promptly notify the alleged infringer.
11. Agent for Notices & Correspondence
Please direct correspondences and notices to our agent at:
FriendMo
Communicate Yourself Press LLC
ATTN: Angela Guido
3044 OLD DENTON RD STE 111-237
Carrollton TX 75007
Email: [email protected]
12. Indemnification
You agree to indemnify and hold FriendMo and its employees, representatives, agents, attorneys, managers (“Indemnified Parties”) harmless from any and all damages, losses, costs liabilities or expenses (including without limitation, attorneys’ fees and costs), whether incurred in connection with a third party claim against any of the Indemnified Parties or directly by the Indemnified Parties, arising out of or related to (i) facts or circumstances that would constitute a breach by you of any provision of these Terms of Use or (ii) your use of FriendMo or our Proprietary Information. If you are obligated to provide indemnification pursuant to this provision, FriendMo may, in its sole and absolute discretion, control the disposition of any third party claim at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise or in any other manner dispose of any third party claim without the consent of FriendMo.
13. Legal and Dispute Resolution
We are laying out clear rules here in order to avoid disputes. If a dispute does arise between you and FriendMo, then you agree that these Terms shall be governed, construed, and applied in all respects by the laws of the State of Texas, without regard to any provision governing conflicts of law. Further, you agree that any claim or cause of action you have against FriendMo will be resolved exclusively in the U.S. District Court for a state court located in Denton County and you agree to the personal jurisdiction of either of those courts for purposes of litigating your claim(s).
14. Other Provisions
No Waiver. Our failure to insist upon or enforce strict performance of any provision of our Terms and Conditions or Privacy Policy shall not be construed as a waiver of any provision or right.
Assignment. We may freely assign our rights and duties under these Terms of Use to any party at any time without notice to you in connection with a merger, acquisition, sale of asserts, or by operation of law or otherwise.
Feedback. We appreciate any feedback or suggestions you may have for FriendMo. But you acknowledge that we cannot, and are under no obligation to, compensate you if end up using or acting upon your suggestions or ideas.
No Fiduciary Duty. Since FriendMo is a free service aimed at people who want to do good, you acknowledge that using FriendMo does not create any fiduciary duty, contractually or implied, between us.
Entire Agreement. These Terms of Use, our Privacy Policy, our Code of Conduct and, to the extent applicable, any member or subscriber agreements, and additional terms and conditions related to additional FriendMo features constitute the entire agreement between the parties with respect to the use of FriendMo, superseding all prior or contemporaneous oral or written agreements or understanding with respect to such subject matter.
Severability. If any provision of these Terms of Use is held to be unenforceable or invalid in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions shall be given full force and effect.
Thank you for taking the time to review our Terms & Conditions. Please also take a moment to review our Privacy Policy if you have not already done so. If you’re cool with and agree to both, wahoo! Goodness, gracious, now let’s get going on all the goodness we can create and do for others!
