TEX — Terms of Service

Last updated: [DATE]

These Terms of Service ("Terms") govern your access to and use of the TEX mobile application, websites, and related services (collectively, the "Service"), operated by Jamtown Entertainment Inc., doing business as ("DBA") TEX Media ("TEX," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old to create an account or use the Service. By using the Service, you represent and warrant that you are 18 or older and that you have the legal capacity to enter into these Terms. We may terminate accounts we reasonably believe belong to users under 18.

2. Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
You agree to provide accurate information and to keep it up to date, including any emergency contact information you choose to add.
You may not impersonate others, create accounts for anyone under 18, or create accounts to evade suspensions, bans, or fees.
One person may not maintain multiple accounts to abuse promotions, free trials, or introductory pricing.

3. Roles: Members and Curators

Members join trips, participate in chats, and use community features. Members do not pay to use the core Service.
Curators create and manage trips and may access additional features. Certain Curator features, add-ons, and subscriptions may require payment (see Section 9).
Curators are solely responsible for the trips they organize, including any real-world events, travel arrangements, payments among participants, and interactions between participants. TEX is a platform for coordination and communication; TEX is not a travel agency, tour operator, or organizer of any trip, and does not vet, endorse, or supervise trips, Curators, or Members.

4. User Conduct and Community Guidelines

You agree not to use the Service to:

Harass, bully, threaten, abuse, defame, or intimidate any person;
Post or transmit content that is unlawful, hateful, discriminatory, violent, sexually explicit, or otherwise objectionable;
Impersonate any person or entity or misrepresent your affiliation;
Share others' private or personal information without consent;
Engage in scams, fraud, spam, or deceptive practices;
Promote or facilitate illegal activity;
Upload viruses or malicious code, or attempt to disrupt or compromise the Service;
Infringe the intellectual property or other rights of any party;
Circumvent, disable, or interfere with security or safety features.

Zero tolerance for objectionable content and abusive users. We do not tolerate content or behavior that is objectionable, abusive, or harmful. We provide tools to report and block users and content, and we aim to review reports and take appropriate action — which may include removing content, warning, restricting, suspending, or permanently banning users — generally within 24 hours of a report.

5. Content You Provide

You retain ownership of the content you submit (messages, suggestions, photos, profile information, and other materials) ("User Content").
You grant TEX a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, and distribute your User Content solely to operate and provide the Service (for example, showing your messages to other members of your trip).
You are solely responsible for your User Content and represent that you have the rights necessary to submit it.
We may remove or restrict any User Content that violates these Terms or that we reasonably consider harmful, objectionable, or unlawful, without prior notice.

6. Reporting, Blocking, and Moderation

The Service provides features to report users and content and to block other users. We may review reported content and take enforcement action at our discretion, including content removal, warnings, temporary restrictions ("soft" limitations), suspension, or permanent bans. We may also act on violations we detect independently. Enforcement decisions are made in our reasonable discretion, and we are not obligated to reinstate removed content or restore banned accounts.

7. Emergency Features — Important Disclaimer

TEX offers optional Emergency Features that, when enabled by you, allow you to share your approximate location and send alerts to your designated emergency contact, your trip group, designated close friends, and/or TEX, and to quickly dial local emergency services.

These features are provided on a best-effort basis and have significant limitations. You expressly acknowledge and agree that:

Emergency Features are NOT a substitute for contacting emergency services directly (such as 911, 112, or your local emergency number). If you are in danger, contact emergency services directly whenever possible.
The features depend on factors outside our control, including your device's battery, cellular or internet signal, GPS availability, operating-system permissions, and third-party services. They may fail, be delayed, or be unavailable at any time, including during an actual emergency.
Location information is approximate and may be inaccurate or unavailable.
TEX does not monitor emergencies, dispatch responders, or guarantee that any alert will be received or acted upon by any person or service.
Alerts sent to contacts, groups, or friends depend on those recipients' devices, settings, and availability, and on their choosing to respond. TEX does not guarantee any response.
You are responsible for keeping your emergency contact information accurate and for informing your contacts that they may receive alerts.

To the fullest extent permitted by law, TEX disclaims all liability arising from your use of, or reliance on, the Emergency Features, including any failure, delay, inaccuracy, or non-response. Use these features as a supplementary tool only.

8. Elite Status and Community Features

The Service may offer status designations (such as "Elite"), leaderboards, prizes, tournaments, ratings, and similar community features. These are provided for engagement and entertainment. Any "prizes" or "rewards" described within trips are defined, provided, and fulfilled by Curators or Members — not by TEX — unless TEX expressly states otherwise in writing. TEX is not responsible for prizes or rewards offered within trips.

9. Payments, Subscriptions, and Add-Ons

Certain features are free; others require payment. Curators may receive an introductory free period, after which continued access to some features may require a subscription or one-time purchase. Basic features may remain available at no charge as described in the app.
Certain premium add-ons (such as Discover, a per-trip add-on) require a separate payment for each activation, regardless of any subscription tier or introductory free period.
Purchases and subscriptions made through the Apple App Store or Google Play are processed by those platforms and are subject to their terms. Billing, renewals, and refunds are handled according to the applicable app store's policies.
Prices are subject to change. We will provide notice of material changes where required.
Except where required by law or the applicable app store's policies, payments are non-refundable.

10. Third-Party Services

The Service integrates third-party services (for example, Google Firebase for infrastructure, Giphy for GIFs, and mapping/places providers for location features). Your use of the Service may be subject to those third parties' terms, and we are not responsible for third-party services.

11. Intellectual Property

The Service, including its software, design, logos, and content (excluding User Content), is owned by TEX or its licensors and is protected by intellectual-property laws. We grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Service in accordance with these Terms. You may not copy, modify, distribute, reverse-engineer, or create derivative works except as permitted by law.

12. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without notice, for any violation of these Terms or for any conduct we reasonably believe is harmful to the Service, other users, or third parties. Sections that by their nature should survive termination (including Sections 5, 7, 9, 11, 13, 14, and 15) will survive.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TEX DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR THAT ANY CONTENT OR FEATURE (INCLUDING EMERGENCY FEATURES) WILL BE ACCURATE OR AVAILABLE. YOU USE THE SERVICE AT YOUR OWN RISK.

TEX IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER, CURATOR, OR THIRD PARTY, WHETHER ONLINE OR OFFLINE, OR FOR ANY REAL-WORLD TRIPS, EVENTS, OR INTERACTIONS ARRANGED THROUGH THE SERVICE.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TEX AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING THE EMERGENCY FEATURES.

TO THE FULLEST EXTENT PERMITTED BY LAW, TEX'S TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TEX IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

15. Indemnification

You agree to indemnify and hold harmless TEX and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from your use of the Service, your User Content, your violation of these Terms, or your violation of any rights of another party.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by other reasonable means. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

17. Governing Law and Disputes

These Terms are governed by the laws of [STATE/JURISDICTION], without regard to conflict-of-laws principles. Any disputes arising under these Terms shall be resolved as set forth herein.

18. Contact

Questions about these Terms? Contact us at info@TexMedia.Online.