Terms of Service

1. Introduction and Acceptance

Welcome to Biome Collective. These Terms of Service ("Terms") constitute a legally binding agreement between you and Biome Collective, LLC, a Delaware limited liability company ("Biome Collective," "we," "us," or "our"). By accessing or using the Biome Collective mobile application (the "App"), you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP. We reserve the right to modify these Terms at any time. Your continued use of the App following any changes constitutes acceptance of those changes.

2. Eligibility

You must be at least 16 years old (or the minimum age required in your jurisdiction, whichever is higher) to create an account and use Biome Collective. If you are under 18, you represent that you have your parent's or legal guardian's permission to use the App. Users in the European Economic Area must be at least 16 years old, or the age of digital consent in their country if higher.

By using the App, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and to abide by all of the terms and conditions set forth herein.

3. Account Registration and Security

To access certain features, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

You are solely responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account. Biome Collective will not be liable for any loss or damage arising from your failure to comply with this section.

4. App Features and Services

Biome Collective provides a social discovery platform that enables users to: (a) discover and search for local events, meetings, and activities; (b) create and join groups and organizations; (c) connect with other users; (d) post content, comments, and reactions; (e) send and receive messages; (f) receive personalized recommendations via AI-powered features ("Porter"); (g) share location-based information; and (h) receive push notifications about relevant activities.

We reserve the right to modify, suspend, or discontinue any feature or service at any time without prior notice.

5. User Conduct and Community Standards

Biome Collective is committed to maintaining a safe, respectful, and inclusive community. You agree NOT to engage in any of the following prohibited conduct:

• Bullying, harassment, intimidation, or threatening behavior of any kind toward any user

• Hate speech, discrimination, or content that promotes violence against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic

• Stalking, doxxing, or sharing another person's private information without consent

• Sexual harassment, unwanted sexual advances, or sharing sexually explicit content without consent

• Impersonating another person or entity, or misrepresenting your affiliation

• Posting false, misleading, or defamatory content

• Spamming, phishing, or distributing malware

• Attempting to circumvent security measures or access restricted areas of the App

• Using automated systems (bots, scrapers) to access the App without authorization

• Violating any applicable law, regulation, or third-party rights

We have zero tolerance for bullying and harassment. Violations may result in immediate account suspension or permanent termination without warning, at our sole discretion.

6. User-Generated Content

You retain ownership of content you create and post on Biome Collective ("User Content"). By posting User Content, you grant Biome Collective a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, display, and perform such content in connection with operating and improving the App.

You represent and warrant that you own or have the necessary rights to post User Content and that such content does not violate any third party's intellectual property rights, privacy rights, or other legal rights.

We reserve the right to remove any User Content that violates these Terms or that we deem objectionable, without prior notice.

7. Location Services

Certain features require access to your device's location. By enabling location services, you consent to the collection and use of your location data as described in our Privacy Policy. You may disable location services at any time through your device settings, but this may limit the functionality of the App.

8. Push Notifications

With your consent, we may send push notifications about events, messages, connection requests, and other activities. You can manage notification preferences in the App settings or through your device settings at any time.

9. Third-Party Services and Links

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

10. Apple App Store Terms

If you downloaded the App from the Apple App Store, you acknowledge that: (a) these Terms are between you and Biome Collective only, not Apple; (b) Apple has no obligation to provide maintenance or support for the App; (c) in the event of any failure of the App to conform to applicable warranties, you may notify Apple for a refund of the purchase price (if any), and Apple has no other warranty obligation; (d) Apple is not responsible for addressing any claims relating to the App; (e) Apple is a third-party beneficiary of these Terms with the right to enforce them against you.

11. Intellectual Property

The App and its original content (excluding User Content), features, and functionality are owned by Biome Collective, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks may not be used without our prior written consent.

12. Disclaimer of Warranties

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

Biome Collective does not warrant that the App will be uninterrupted, secure, or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.

Biome Collective does not provide medical, legal, financial, or professional advice. Any information provided through the App, including AI-generated recommendations, is for informational purposes only.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIOME COLLECTIVE, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR USE OR INABILITY TO USE THE APP; (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN; (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP; (D) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE APP; OR (E) ANY USER CONTENT.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

14. Indemnification

You agree to defend, indemnify, and hold harmless Biome Collective, LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the App, your User Content, or your violation of these Terms.

15. Termination

We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will cease immediately.

You may delete your account at any time through the App settings. Upon account deletion, we will delete or anonymize your personal data in accordance with our Privacy Policy, except where retention is required by law.

16. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or your use of the App shall first be attempted to be resolved through good-faith negotiation. If such dispute cannot be resolved within thirty (30) days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to be held in Delaware.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

17. International Users and GDPR

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you have certain rights under the General Data Protection Regulation (GDPR), including the right to access, correct, delete, or port your personal data, and the right to object to or restrict certain processing. See our Privacy Policy for details on exercising these rights.

By using the App, you consent to the transfer of your information to the United States and other countries which may have different data protection laws than your jurisdiction.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Biome Collective, LLC regarding your use of the App and supersede all prior agreements and understandings.

20. Contact Information

For questions about these Terms, please contact us at:
Biome Collective, LLC
Email: legal@biomecollective.org