These Terms of Service ("Terms") govern your use of the Busy mobile application ("App") operated by Dane Potter ("we," "us," or "our"). By using the App, you agree to these Terms. If you do not agree, do not use the App.
You must be at least 13 years old to use the App. By using the App, you represent that you meet this requirement.
You agree not to:
We reserve the right to suspend or terminate your account if you violate these Terms.
Events, hangouts, gatherings, bucket list items, polls, and any other activities created, hosted, advertised, promoted, or coordinated through the App are organized entirely by users — not by us. Busy is a coordination tool only. We do not plan, sponsor, supervise, vet, verify, endorse, or take any responsibility for these activities or the people involved in them.
This Section is in addition to the disclaimers and limitations in Sections 9 and 10.
You acknowledge and agree that attending, hosting, organizing, or otherwise participating in any in-person or virtual gathering with other people carries inherent risks, including but not limited to: physical injury, illness or exposure to communicable disease, property damage or theft, harassment, assault, fraud, emotional distress, exposure to weather or other environmental conditions, and exposure to people whose identity, conduct, history, or background may be unknown to you or misrepresented to you.
You voluntarily and knowingly assume all such risks, whether foreseeable or unforeseeable. We have no ability to, and do not, control the conduct of any user, the safety of any venue, the accuracy of any event information, or what occurs at any event. You agree that we are not responsible for any of the foregoing under any theory of liability, including negligence.
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS, SEX OFFENDER REGISTRY CHECKS, IDENTITY VERIFICATION, REFERENCE CHECKS, OR ANY OTHER VETTING OF ANY USER, EVENT HOST, OR ATTENDEE. You acknowledge and agree that any user may misrepresent their name, age, gender, identity, location, photo, intentions, employment, criminal history, or background, and that we have no obligation or ability to detect or prevent such misrepresentation.
Before meeting any person from the App in real life, you agree to conduct your own independent due diligence, including (where appropriate): meeting in well-populated public places, informing a trusted friend or family member of your plans, verifying identity through independent means, and exercising the same caution you would with any stranger.
Busy is a scheduling and coordination tool. It is not, and does not function as, a dating service, an escort service, a chaperone or security service, a background-check service, or a guarantor of any user's identity, character, or safety.
The App integrates with third-party services. Your use of these services is subject to their own terms:
We are not responsible for the availability, accuracy, or practices of third-party services.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
We are not responsible for:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATING TO YOUR USE OF THE APP OR ANY EVENT. OUR TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS SHALL NOT EXCEED $50 USD.
THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of certain damages; in such jurisdictions our liability is limited to the smallest extent permitted by law.
You agree to indemnify, defend, and hold harmless Busy, Dane Potter, and our affiliates, officers, agents, and employees from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with:
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, in which case you agree to cooperate fully with our defense.
We may update these Terms from time to time. We will notify you of material changes through the App or via push notification. Continued use of the App after changes constitutes acceptance.
We may suspend or terminate your access to the App at any time, with or without cause, with or without notice. Upon termination, your right to use the App ceases immediately. You may also terminate by deleting your account.
These Terms are governed by the laws of the United States and the State of California (or, if you are not a U.S. resident, by the laws applicable in the jurisdiction where we operate), without regard to conflict-of-laws principles. Subject to Section 14a (Arbitration), any disputes shall be resolved exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts.
Please read this Section carefully — it affects your legal rights.
Notice and Cure (Required Before Any Claim). Before initiating any Dispute, you agree to first send a written notice to busyauth@gmail.com describing the claim in reasonable detail and the relief sought, and to give us at least thirty (30) days to attempt to resolve the matter informally. Filing a claim, demand for arbitration, or lawsuit before completing this informal process is a material breach of these Terms and grounds for dismissal of the claim.
Any dispute, claim, or controversy arising out of or relating to these Terms, the App, or any event coordinated through the App (a "Dispute") shall, if not resolved through the Notice and Cure process above, be resolved exclusively by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator and shall take place by video conference, or if in person, in the state and county where we reside. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
Class Action Waiver. YOU AGREE THAT ANY DISPUTE WILL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU WAIVE ANY RIGHT TO A JURY TRIAL.
Carve-outs. Notwithstanding the above, either party may (a) bring an individual claim in small-claims court for claims that qualify, and (b) seek injunctive or other equitable relief in court to protect its intellectual property rights.
30-Day Opt-Out. You may opt out of this arbitration provision by emailing us at busyauth@gmail.com within thirty (30) days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and including your name and the email associated with your account. Opting out does not affect any other provision of these Terms.
Severability. If any portion of this Section 14a is found unenforceable, the unenforceable portion shall be severed and the remainder enforced. However, if the Class Action Waiver itself is found unenforceable as to any particular Dispute, then that Dispute (and only that Dispute) shall be heard in court rather than in arbitration, and the remainder of this Section shall continue to apply.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS, THE APP, OR ANY EVENT OR USER COORDINATED THROUGH THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES, OR IT SHALL BE PERMANENTLY BARRED. This is a contractually shortened limitations period and applies to the maximum extent permitted by law.
In any arbitration, small-claims proceeding, or court action to enforce, defend, or interpret these Terms or any related rights, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses (including expert and arbitration fees), to the maximum extent permitted by law.
Force Majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, war, terrorism, pandemic, epidemic, government action, civil unrest, third-party service outages (including Supabase, Google, Apple, Expo, or our cloud providers), natural disasters, internet or telecommunications failures, labor disputes, or shortages.
No Reliance. You acknowledge that you have not relied on any representation, warranty, or statement other than as expressly set forth in these Terms.
Entire Agreement. These Terms (together with our Privacy Policy and any in-app policies referenced herein) constitute the entire agreement between you and us regarding the App, and supersede any prior or contemporaneous agreements, communications, or proposals.
No Waiver. Our failure to enforce any right or provision of these Terms shall not be a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms. We may assign these Terms, in whole or in part, at any time without notice.
Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be reformed to the minimum extent necessary to be enforceable.
Survival. Sections 4, 4a, 4b, 4c, 9, 10, 11, 14, 14a, 14b, 14c, and 14d shall survive any termination of these Terms or your account.
If you have questions about these Terms, contact us at:
Email: busyauth@gmail.com
These terms are provided as a starting point. We recommend consulting a legal professional before publishing.