Terms of Service

1. Introduction

Welcome to Locomoo! These Terms of Service ("Terms") govern your access to and use of the Locomoo mobile application (the "App"), our website at locomoo.app (the "Site"), and any related services (collectively, the "Services") provided by Locomoo, Inc. ("Locomoo," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations.

Our Services are not directed to children under the age of 16 (or older, if required by applicable law in the jurisdiction where you reside). If you are under the applicable age of consent, you may not use our Services.

2. Changes to Terms

We may modify or update these Terms from time to time at our sole discretion. If we make material changes to these Terms, we will provide notice through our Services, or by other means, to provide you with an opportunity to review the changes before they become effective.

Your continued use of our Services after any changes to these Terms will constitute your acceptance of such changes. We encourage you to periodically review these Terms to stay informed about our practices.

If you do not agree to the modified Terms, you should discontinue your use of our Services.

3. Account Registration and Security

To use certain features of our Services, you may need to create an account. When you create an account, you must provide accurate and complete information, and you agree to update your information as necessary to maintain its accuracy.

You are responsible for:

• Safeguarding your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account
• Ensuring that you log out from your account at the end of each session when accessing our Services on a shared device

We reserve the right to disable any user account if, in our opinion, you have violated any provision of these Terms.

You acknowledge that we are not responsible for third-party access to your account that results from theft or misappropriation of your account credentials.

4. User Content and Conduct

4.1 User Content

Our Services allow you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other content ("User Content"). You are solely responsible for the User Content that you post, including its legality, reliability, accuracy, and appropriateness.

By posting User Content on or through our Services, you represent and warrant that:

• You own or have the necessary rights to use and authorize the use of the User Content
• The User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity
• The User Content does not contain material that is false, intentionally misleading, or defamatory
• The User Content does not contain material that is unlawful, obscene, offensive, hateful, or inflammatory

4.2 License to User Content

By posting User Content, you grant Locomoo a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, modify, create derivative works from, distribute, publicly display, publicly perform, and otherwise exploit such User Content in connection with providing and promoting our Services.

This license will terminate when you delete your User Content or your account, except to the extent that:

• Your User Content has been shared with others through our Services, and they have not deleted it
• We have used your User Content for promotional purposes
• Reasonable technical limitations prevent complete deletion of your User Content

4.3 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

• Using our Services for any illegal purpose or in violation of any local, state, national, or international law
• Harassing, threatening, intimidating, or stalking other users
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity
• Interfering with or disrupting the Services or servers or networks connected to the Services
• Attempting to gain unauthorized access to our Services, user accounts, computer systems, or networks
• Using the Services to send spam, chain letters, or other unsolicited communications
• Using automated means, including spiders, robots, crawlers, or data mining tools, to download data from our Services
• Posting content that infringes on intellectual property rights of others
• Posting content that promotes violence, discrimination, or illegal activities
• Attempting to reverse engineer any portion of the Services
• Encouraging or enabling any other individual to do any of the foregoing

4.4 Zero Tolerance for Objectionable Content and Abusive Users

By using our Services, you agree that Locomoo has the right to:

• Remove any content that we determine, in our sole discretion, to be objectionable, harmful, or in violation of these Terms
• Suspend or terminate your account immediately if you engage in abusive behavior or post objectionable content
• Report illegal activity to law enforcement authorities
• Take any other action we deem necessary to maintain a safe environment for our users

If you encounter objectionable content or abusive users, please report them immediately using our in-app reporting feature. We review all reports within 24 hours and take appropriate action, including removing content and banning users when necessary.

5. Intellectual Property Rights

5.1 Locomoo Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Locomoo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Limited License

Subject to your compliance with these Terms, Locomoo grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, non-commercial use.

5.3 Restrictions

You may not:

• Copy, modify, or create derivative works based on the Services
• Distribute, publicly display, publicly perform, or otherwise exploit the Services except as expressly permitted by these Terms
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Services
• Use any data mining, robots, or similar data gathering or extraction methods
• Use the Services in any manner that could disable, overburden, damage, or impair the Services

5.4 Trademarks

The Locomoo name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Locomoo or its affiliates or licensors. You may not use such marks without the prior written permission of Locomoo.

5.5 Copyright Infringement

If you believe that any User Content violates your copyright, please contact us at [email protected] with information specified in our Copyright Policy. It is our policy to terminate the user accounts of repeat infringers.

6. Purchases and Payment

6.1 In-App Purchases

Our Services may offer the opportunity to purchase virtual items or subscription plans. All purchases are final and non-refundable, except as required by applicable law or as explicitly stated in our Refund Policy.

6.2 Pricing and Availability

Prices for our products are subject to change without notice. We reserve the right to modify or discontinue any product or service without notice at any time.

6.3 Billing

For subscription services, you agree to pay all fees associated with the subscription plan you select. Subscription fees will be billed to your designated payment method at the beginning of each subscription period. Subscriptions automatically renew for additional periods of the same duration as the initial subscription period, at the then-current non-promotional rate, until canceled.

6.4 Cancellation

You may cancel your subscription at any time through your account settings or by contacting customer support. Cancellation will take effect at the end of your current billing cycle. For more information, please refer to our Refund Policy.

6.5 Free Trials

We may offer free trials of our subscription services. At the end of the free trial period, you will be automatically charged the applicable subscription fee unless you cancel before the trial period ends.

7. Third-Party Links and Services

Our Services may contain links to third-party websites or services that are not owned or controlled by Locomoo. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that Locomoo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

8. Termination

We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services, or delete your account through the App's settings.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Disclaimer of Warranties

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. LOCOMOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

LOCOMOO MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM LOCOMOO OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOCOMOO, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF LOCOMOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) YOUR USE OR INABILITY TO USE THE SERVICES; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VI) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID LOCOMOO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless Locomoo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your User Content, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

12. Governing Law and Jurisdiction

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

13. Arbitration Agreement

For any dispute you have with Locomoo, you agree to first contact us and attempt to resolve the dispute informally. If Locomoo has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

Arbitration is a more informal way to resolve our disagreements than a lawsuit in court. By using arbitration, we each waive the right to a trial by jury or to participate in a class action. The arbitration will be administered by the American Arbitration Association (AAA) in accordance with their Consumer Arbitration Rules.

The arbitration will be conducted in San Francisco, California, unless you and Locomoo agree otherwise. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.

You may opt out of this agreement to arbitrate by notifying Locomoo within 30 days of the date that you first accepted these Terms by sending an email to [email protected].

14. General

14.1 Entire Agreement

These Terms constitute the entire agreement between you and Locomoo regarding our Services and supersede any prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

14.2 Waiver

No waiver by Locomoo of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Locomoo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

14.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Locomoo's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Locomoo may freely assign or transfer these Terms without restriction.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: [email protected]