Terms of Service

Effective Date: [DATE OF PUBLICATION]
Last Updated: [DATE OF PUBLICATION]

1. Eligibility & Age Requirements

You must be at least 17 years old to create an account or use Blabberly. By creating an account or using the Service, you represent and warrant that:

• You are at least 17 years of age;
• The information you provide about your age and identity during account creation is accurate;
• You have not previously been suspended or removed from the Service;
• Your use of the Service does not violate any applicable law or regulation.

We do not knowingly collect personal information from anyone under the age of 17. If we learn that we have collected personal information from a user under 17, we will promptly delete that information and terminate the account. If you believe a user under 17 may have provided us with personal information, please contact us at support@blabberly.com.

If you are a parent or guardian and want to review or delete your child's account, contact support@blabberly.com.

2. Your Account

To use most features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration;
• Maintain and promptly update your account information;
• Keep your password secure and confidential;
• Be solely responsible for all activity that occurs under your account;
• Notify us immediately at support@blabberly.com of any unauthorized access or security breach.

You may close your account at any time from the in-app Settings → Account screen. We may suspend or terminate your account at any time, with or without notice, for any violation of these Terms or for any other reason at our reasonable discretion.

3. User Content & License Grant

The Service allows you to post photos, videos, captions, ratings, comments, location tags, and other content (collectively, "User Content"). You retain ownership of your User Content.

License to Blabberly

By submitting User Content, you grant Blabberly a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for technical purposes such as resizing, transcoding, or formatting), display, distribute, and otherwise use your User Content in connection with operating, providing, promoting, and improving the Service. This license continues for as long as your User Content remains on the Service and for a commercially reasonable period after deletion to allow for backup retention and removal.

Your representations

You represent and warrant that:

• You own or have the necessary rights to your User Content;
• Your User Content does not infringe any third party's intellectual property, privacy, publicity, or other rights;
• Your User Content does not violate any applicable law;
• Any depictions of identifiable individuals (other than yourself) have been made with their consent.

Public nature of the Service

Most User Content posted to Blabberly is public by default. Do not post anything you would not want publicly associated with you.

4. Acceptable Use

You agree not to use the Service to:

• Post content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, sexually explicit, hateful, or discriminatory;
• Impersonate another person or misrepresent your affiliation with a person or entity;
• Post spam, repetitive content, or unsolicited promotions;
• Post false, misleading, or fraudulent reviews, ratings, or place information;
• Solicit personal information from minors;
• Stalk, harass, or harm another user;
• Upload viruses, malware, or other malicious code;
• Attempt to gain unauthorized access to the Service, other accounts, or our systems;
• Scrape, crawl, or use automated tools to access the Service without our express written permission;
• Reverse engineer, decompile, or attempt to extract the source code of the Service;
• Use the Service to violate the rights of any third party;
• Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure.

We may remove any User Content that violates these Terms, applicable law, or our community standards, at our sole discretion and without notice.

5. Mindful Use of the Service

Blabberly is a social discovery platform. Like many social and entertainment apps, Blabberly is designed to be engaging — and any such product can become habit-forming if used without intention. We are committed to designing the Service responsibly, and we encourage you to use it in a way that supports your wellbeing.

We recommend that you:

• Use the Service purposefully. Open the app when you have a specific reason to, and close it when you are done.
• Take breaks. Step away from the app regularly. The world outside your screen is, in fact, the point of Blabberly.
• Manage notifications. You can customize or disable push notifications at any time via your device's notification settings or your in-app Notification Preferences.
• Use built-in screen-time tools. Both iOS (Settings → Screen Time) and Android (Settings → Digital Wellbeing) offer free tools to monitor and limit your usage of Blabberly and other apps.

6. Intellectual Property

The Service, including its design, code, logos, trademarks, text, graphics, and other content provided by Blabberly (other than User Content), is owned by Blabberly LLC or its licensors and is protected by U.S. and international intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works of any part of the Service without our prior written consent.

The Blabberly name and logo are trademarks of Blabberly LLC. Other product and company names referenced in the Service may be trademarks of their respective owners.

7. Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that User Content on the Service infringes your copyright, please send a written notice to our designated DMCA agent containing:

1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification of the material on the Service that you claim is infringing, with sufficient detail to allow us to locate it;
4. Your contact information (address, phone, email);
5. A statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

We will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act. We may terminate accounts of users who are repeat infringers.

8. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, whether express, implied, statutory, or otherwise. To the maximum extent permitted by applicable law, Blabberly disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free;
• Any User Content, restaurant information, reviews, ratings, or place data is accurate, complete, or reliable;
• Any place, restaurant, or business featured in the Service is endorsed by Blabberly;
• Defects in the Service will be corrected.

You use the Service at your own risk. Decisions about where to eat, when to visit a place, who to meet, or what to consume are entirely your own. Blabberly is a discovery and social tool, not a recommendation service that guarantees any particular outcome.

9. Limitation of Liability

To the maximum extent permitted by applicable law, Blabberly LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for lost profits, lost data, business interruption, loss of goodwill, or any other intangible losses, arising out of or in connection with your use of (or inability to use) the Service.

In no event shall our total cumulative liability to you for all claims arising out of or relating to the Service exceed the greater of (a) the amount you paid to Blabberly in the twelve months preceding the claim, or (b) one hundred U.S. dollars ($100).

Wellbeing acknowledgement

You acknowledge and agree that:

• Blabberly is a social and discovery platform whose impact on your experience and wellbeing is significantly influenced by how you choose to use it, including the time you spend on the Service and the content you choose to view or engage with.
• You are responsible for managing your own use of the Service, including the duration and frequency of your sessions and the content you interact with.
• To the maximum extent permitted by applicable law, Blabberly shall not be liable for any psychological, emotional, social, or other consequences arising from your voluntary use of the Service.

This section does not limit any rights you may have that cannot be lawfully limited under applicable law, including liability for fraud, gross negligence, or willful misconduct. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Blabberly LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your User Content;
• Your use of the Service;
• Your violation of these Terms;
• Your violation of any third-party right, including intellectual property, privacy, or publicity rights;
• Your violation of any applicable law.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution first

Before filing a formal claim, you agree to first attempt to resolve the dispute informally by contacting us at support@blabberly.com. We will attempt to resolve the dispute informally within sixty (60) days.

Binding arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that is not resolved informally shall be resolved through final and binding arbitration, rather than in court, except that you may assert claims in small-claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this section.

The arbitration will be conducted by JAMS under its applicable rules, in San Diego County, California, in English. The arbitrator's decision will be final and enforceable in any court of competent jurisdiction.

Class action waiver

Opt-out

You may opt out of this arbitration agreement by sending written notice to support@blabberly.com with the subject "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms.

12. Modifications to the Terms

We may modify these Terms from time to time. If we make material changes, we will notify you by posting the updated Terms on the Service and updating the "Last Updated" date above, and where practical we will send you an email or in-app notification. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of them.

If you do not agree to the modified Terms, you must stop using the Service and may close your account.

13. Termination

You may terminate your account at any time via Settings → Account → Delete Account. We may suspend or terminate your account at any time, with or without notice, if you violate these Terms or for any other reason at our reasonable discretion.

Upon termination:

• Your right to use the Service ceases immediately;
• We may delete your User Content, account data, and access credentials, subject to backup retention windows described in our Privacy Policy;
• Provisions of these Terms that by their nature should survive termination (including ownership, license grants to Blabberly for User Content you posted, disclaimers, limitations of liability, indemnification, and dispute resolution) will survive.

14. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Blabberly regarding the Service.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.

Force majeure. We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, fires, floods, accidents, strikes, or shortages.

Notices. We may provide notices to you via email, in-app notification, or by posting on the Service. You may send notices to us at support@blabberly.com.

15. Contact