FamLoom

Terms and Conditions

Last Updated: November 11, 2028

PREAMBLE

THIS AGREEMENT ("AGREEMENT") CONSTITUTES A BINDING LEGAL CONTRACT BETWEEN YOU ("USER," "YOU," OR "YOUR") AND MEERKATS DEV ("COMPANY," "WE," "US," OR "OUR"). PLEASE READ THESE TERMS OF SERVICE ("TERMS") CAREFULLY.

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE FAMLOOM MOBILE APPLICATION (THE "APP") OR ANY ASSOCIATED SERVICES, WEBSITES, OR FEATURES (COLLECTIVELY, THE "SERVICE"), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

INCORPORATED POLICIES: BY AGREEING TO THESE TERMS, YOU ALSO AGREE TO THE TERMS OF OUR PRIVACY POLICY (AVAILABLE IN THE APP SETTINGS) AND OUR COMMUNITY GUIDELINES (ATTACHED HERETO AS EXHIBIT A), WHICH ARE INCORPORATED HEREIN BY REFERENCE.

IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH HEREIN, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST IMMEDIATELY DELETE THE APP FROM YOUR DEVICE.

1. DEFINITIONS AND INTERPRETATION

1.1. Certain Definitions.

  • "Account" means the registered profile established by a User to access the Service.
  • "Content" means text, graphics, images, music, software, audio, video, information, or other materials.
  • "User Content" means any Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Service, including but not limited to chat messages, event descriptions, and profile photos.
  • "Family Member" refers to any minor child, partner, or spouse depicted in User Content or brought to an Event by a User.
  • "Event" refers to any meetup, gathering, activity, or social function facilitated, organized, or advertised through the Service by a User.

1.2. Interpretation.

The words "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation." The word "or" is not exclusive. References to "sole discretion" mean the Company's absolute, unfettered right to decide a matter without challenge.

2. ELIGIBILITY AND ACCOUNT SECURITY

2.1. Age Requirement.

The Service is strictly intended for individuals who are eighteen (18) years of age or older. By using the Service, you represent and warrant that you are at least 18 years old and have the requisite power and authority to enter into these Terms. Any use of the Service by individuals under 18 is strictly prohibited and constitutes a material breach of this Agreement.

2.2. Prohibited Persons.

You warrant that you: (i) have not previously been suspended or removed from the Service; (ii) are not a convicted sex offender; and (iii) are not legally prohibited from receiving the Service under the laws of the jurisdiction in which you reside or from which you use or access the Service.

2.3. Account Security.

You are solely responsible for maintaining the confidentiality of your Account credentials. You agree to accept responsibility for all activities that occur under your Account. You must notify Meerkats Dev immediately upon becoming aware of any breach of security or unauthorized use of your Account. We reserve the right, in our sole and absolute discretion, to terminate accounts, remove or edit content, or cancel orders.

3. USER CONTENT AND LICENSING

3.1. User Content Ownership.

As between you and Meerkats Dev, you retain ownership of any intellectual property rights that you hold in that User Content.

3.2. License Grant to Company.

By making any User Content available through the Service, you hereby grant to Meerkats Dev a non-exclusive, transferable, assignable, worldwide, royalty-free, fully paid-up, perpetual, irrevocable, and sublicensable license to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Service to you and to other Users.

3.3. Waiver of Moral Rights.

To the fullest extent permitted by law, you hereby waive any moral rights (including the right to attribution and the right to integrity) that you may have in your User Content, even if it is altered or changed in a manner not agreeable to you.

3.4. Content Regarding Minors.

You strictly represent and warrant that for any User Content containing images or descriptions of a minor (an individual under the age of 18), you are the custodial parent or legal guardian of said minor. You acknowledge that uploading images of children for whom you are not the legal guardian is a violation of these Terms and grounds for immediate termination and potential legal action.

4. SAFETY DISCLAIMERS AND ASSUMPTION OF RISK

4.1. No Background Checks or Screenings.

YOU ACKNOWLEDGE AND AGREE THAT MEERKATS DEV DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS, SEX OFFENDER REGISTRY SEARCHES, OR ANY OTHER SCREENINGS OF ITS USERS. MEERKATS DEV MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, INTENTIONS, LEGITIMACY, OR BACKGROUND OF ANY USER. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS.

4.2. Release of Liability for Offline Interactions.

THE SERVICE IS A PLATFORM FOR CONNECTING USERS; IT DOES NOT OVERSEE OFFLINE BEHAVIOR. YOU UNDERSTAND THAT MEERKATS DEV DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER OR THIRD PARTY. YOU AGREE TO TAKE ALL NECESSARY PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO COMMUNICATE OFF THE SERVICE OR MEET IN PERSON.

4.3. Assumption of Risk for Events.

YOU ACKNOWLEDGE THAT PARTICIPATING IN EVENTS CARRIES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO: (A) PHYSICAL INJURY, ILLNESS, OR DEATH; (B) LOSS, THEFT, OR DAMAGE OF PERSONAL PROPERTY; (C) RISKS ASSOCIATED WITH TRAVEL OR TRANSPORTATION; AND (D) UNFORESEEN RISKS CAUSED BY THE NEGLIGENCE OF OTHERS. BY ATTENDING AN EVENT, YOU VOLUNTARILY ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN. YOU AGREE THAT MEERKATS DEV HAS NO RESPONSIBILITY OR LIABILITY FOR THE SAFETY OF THE VENUE, THE CONDUCT OF ATTENDEES, OR THE QUALITY OF THE EVENT.

5. PROHIBITED CONDUCT

You agree not to do any of the following:

  • A. Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
  • B. Harass, threaten, demean, embarrass, or cause distress to any other User;
  • C. Post Content that is defamatory, obscene, pornographic, offensive, hateful, or promotes violence or discrimination;
  • D. Organize Events that involve illegal substances, weapons, or inherently dangerous activities;
  • E. Use the Service for commercial solicitation, multi-level marketing, or selling goods/services without our express written consent;
  • F. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
  • G. Interfere with, or attempt to interfere with, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, or mail-bombing the Service.

INCORPORATION OF GUIDELINES: You strictly agree to abide by the Famloom Community Guidelines attached hereto as Exhibit A, which are fully incorporated into these Terms by reference. A violation of the Guidelines constitutes a material breach of these Terms.

6. INTELLECTUAL PROPERTY RIGHTS

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of Meerkats Dev and its licensors. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Meerkats Dev.

7. COPYRIGHT INFRINGEMENT

7.1. Canadian Notice and Notice.

We comply with the provisions of the Copyright Act (Canada). If we receive a valid notice of alleged infringement, we will forward such notice to the indicated user as required by law.

7.2. DMCA Notice (USA).

Users in the United States may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3)): (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; (ii) a description of the copyrighted work; (iii) the specific location on the Service; (iv) your address, telephone number, and email; (v) a statement of good faith belief; and (vi) a statement made under penalty of perjury regarding accuracy.

Designated Agent Contact: support@famloom.app Subject Line: DMCA Takedown Request

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Meerkats Dev, its parent corporation, officers, directors, employees, contractors, agents, licensors, and suppliers (collectively, the "Indemnified Parties") from and against any and all claims, charges, complaints, damages, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and expert witness fees) arising out of, related to, or in connection with:

  • (a) Your access to or use of the Service;
  • (b) Your User Content;
  • (c) Your violation of these Terms or any applicable law or regulation;
  • (d) Your violation of any rights of any third party, including intellectual property rights or privacy rights;
  • (e) Any dispute or issue between you and any other User; or
  • (f) Your attendance at or organization of any Event.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1. "As Is" and "As Available".

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MEERKATS DEV EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

9.2. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MEERKATS DEV BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
  • (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT;
  • (iii) ANY CONTENT OBTAINED FROM THE SERVICE; OR
  • (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL MEERKATS DEV'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS ($100 CAD) OR THE AMOUNT YOU PAID MEERKATS DEV, IF ANY, IN THE LAST 12 MONTHS.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of law provisions.

10.2. Binding Arbitration.

ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION, OR VALIDITY THEREOF, INCLUDING THE DETERMINATION OF THE SCOPE OR APPLICABILITY OF THIS AGREEMENT TO ARBITRATE, SHALL BE DETERMINED BY ARBITRATION IN VANCOUVER, BRITISH COLUMBIA, BEFORE ONE ARBITRATOR.

10.3. Class Action Waiver.

YOU AND MEERKATS DEV 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 Meerkats Dev agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

11. TERMINATION

We may terminate or suspend your Account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. APP STORE PROVISIONS

If you downloaded the App from the Apple App Store or Google Play Store (the "App Provider"), you acknowledge and agree that: (a) these Terms are concluded between you and Meerkats Dev only, and not with the App Provider; (b) the App Provider has no obligation to furnish any maintenance and support services with respect to the App; (c) the App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App; and (d) the App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App.

13. CHANGES TO TERMS

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. It is your responsibility to check these Terms periodically for changes.

14. CONTACT US

If you have any questions about these Terms, please contact us at: Email: support@famloom.app

EXHIBIT A: FAMLOOM COMMUNITY GUIDELINES & CODE OF CONDUCT

Effective Date: November 11, 2028

1. PURPOSE AND SCOPE

These Community Guidelines ("Guidelines") constitute an integral part of the Famloom Terms of Service. The purpose of these Guidelines is to establish a code of conduct for all Users to ensure a safe, respectful, and family-friendly environment. Violation of these Guidelines may result in the immediate removal of Content, suspension of your Account, or a permanent ban from the Service, at the sole and absolute discretion of Meerkats Dev.

2. ZERO TOLERANCE POLICY

Famloom maintains a strict Zero Tolerance Policy regarding the safety of minors and abusive behavior. We reserve the right to report any illegal activity, particularly activity involving minors, to the appropriate law enforcement authorities including the RCMP, FBI, or Interpol.

3. PROHIBITED BEHAVIORS

You agree that you will not engage in, aid, or abet any of the following behaviors:

  • A. Harassment and Bullying: Engaging in any conduct that is intended to annoy, intimidate, threaten, or harass any other User. This includes unwanted messaging, "trolling," using aggressive language, or disparaging another family's parenting style, lifestyle, or choices.
  • B. Hate Speech: Posting content or comments that promote racism, bigotry, hatred, or physical harm of any kind against any group or individual based on race, ethnicity, religion, disability, gender, age, or sexual orientation.
  • C. Sexual Content and Nudity: Uploading or sharing images containing nudity, sexually explicit content, or content that is sexually suggestive. This applies to profile photos, event photos, and private chats.
  • D. Predatory Behavior: Any behavior deemed by us to be predatory, grooming, or stalking in nature. This includes asking for excessive personal information about children, attempting to meet children without their parents present, or pressing for location data.
  • E. Commercial Spam and Solicitation: Using the Service to drive traffic to third-party websites, selling multi-level marketing (MLM) products, or soliciting donations without express written permission from Meerkats Dev.

4. EVENT AND MEETUP PROTOCOLS

To ensure the safety of real-world interactions facilitated by the Service ("Events"), you must adhere to the following:

  • Supervision Required: Children must be supervised by their legal guardian at all times during Famloom Events. You may not drop off children at an Event hosted by another User unless explicitly agreed upon in writing between the parties; Famloom assumes no liability for such arrangements.
  • Intoxication and Substances: Events marketed as "family-friendly" must remain free of illegal drugs. If alcohol is present, it must be consumed responsibly and legally. Users found to be intoxicated or creating an unsafe environment at an Event will be banned.
  • Inclusivity: While Hosts may set age ranges for playdates (e.g., "Toddlers only"), you may not exclude attendees based on race, religion, or disability.

5. PROFILE AND CONTENT AUTHENTICITY

  • Misrepresentation: You must not impersonate any person or entity. You must not use photos of families that are not your own.
  • Catfishing: Creating a false identity to deceive others is strictly prohibited.
  • Profile Photos: Profile photos must accurately represent the User. Photos of children must strictly adhere to our content license policies (Section 4 of the Terms).

6. REPORTING AND ENFORCEMENT

  • User Reporting: You are obligated to report any violations of these Guidelines to support@famloom.app immediately.
  • Enforcement Discretion: Meerkats Dev reserves the right to investigate any reported violation. We may, at our sole discretion:
    1. Issue a formal warning;
    2. Remove specific content;
    3. Temporarily suspend access to the Service;
    4. Permanently terminate the Account and block the device ID.
  • No Appeal: Decisions made by Meerkats Dev regarding Community Guideline violations are final and not subject to appeal.