Revised: August 20, 2021
Welcome to Early Me!
The Early Me Service is provided by Incubug, Inc. (the “Company”), therefore these terms constitute an agreement between you and Incubug, Inc.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND EARLY ME WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Early Me Service
We agree to provide you with the Service. The Service includes all of the products, features, applications, services, technologies, and software that we provide to advance our mission: To help you deepen relationships with your friends and family. The Service is made up of the following aspects (the Service):
- Create, share, and discover experiences that strengthen connections with friends and family.
You feel like you know your friends and family, but there are many experiences that are forgotten or details neglected. Our Service helps bring out these experiences so you can share more about yourself and learn more about others. We help you share content related to your experiences and get your friends and family to engage with the content you share. We may highlight content, features, offers, accounts, or services we believe will improve your experience based on your activity and the activity of those to whom you are connected.
- Develop a positive environment.
We work hard to make the Service inviting, positive, and engaging. We expect you and all community members to use the Service in ways that support this goal. We do not tolerate abuse of our terms and policies nor any activity that is harmful, deceptive, illegal, or otherwise determined by us to be a misuse of our Service. To ensure a positive environment, we use all the information we have, including your information, in our effort to keep our platform safe and secure. This may include sharing information about misuse or harmful content with law enforcement.
- Provide continuous innovation.
Your ongoing experience and ability to derive value from our Service is critical to our mission. Finding new ways to help you deepen your relationships requires research, analysis, and experimentation. Your experience will change over time as we test and roll out new features. We will also use information we have to study our Service and collaborate to improve our Service. Research efforts may utilize automated technologies, artificial intelligence, machine learning, or other tools to analyze, personalize, or otherwise evaluate information that will lead to innovative user experience enhancements.
In return for our commitment to provide the Service, we require you to make the below commitments to us.
Who Can Use the Service
We want our Service to be as inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. To use our service you agree to the following:
- You are at least 13 years old. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
- You are not prohibited from receiving any aspect of our Service under applicable laws.
- We have not previously disabled your account for violation of law or any of our policies.
- You are not a convicted sex offender.
Prohibited Uses of the Service
While there are many creative ways we hope you’ll use the Service, the following uses are strictly prohibited.
- You can’t impersonate others or provide inaccurate information.
Relationships are developed on trust. You must correctly identify yourself and provide accurate account information. You may not impersonate someone else nor create an account for someone else without their express permission.
- You can’t do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
We want everyone who uses the Service to enjoy their experience by participating in authorized and positive activities. You can’t share content that is violent, or that promotes violence or violent groups, or that might make other people feel scared. You also can’t share content that contains sexual violence, commercial sexual content, or promotes crime.
- You can’t violate (or help or encourage others to violate) these Terms or our policies.
We want to maintain a positive experience for everyone, which requires all members to follow these terms.
- You can’t do anything to interfere with or impair the intended operation of the Service.
For example, you can’t circumvent any measures we use to limit access to the Service, features of the Service, or particular content available through the Service.
- You can’t attempt to create accounts or access or collect information in unauthorized ways.
This includes creating accounts or collecting information in an automated way without our express permission.
- You can’t post private or confidential information or do anything that violates someone else’s rights, including intellectual property.
You expect others to treat your content with respect and you have a responsibility to be respectful of their information. All members are bound by these Terms, however, we are not responsible for any content that is stolen, copied, or misused by someone else.
- You can’t make any commercial use of the Service or content, including collection or use of information concerning the Service.
Our Service is provided for the benefit of you and other members according to these Terms. We are open to discussing new ways to use the service, and encourage you to reach out to us if you have an idea. Displaying the Service or any content under any other trademark or on another service, in a “frame” or any other way, is not allowed.
Permissions You Give to Us
As part of our agreement, you also give us permissions that we need to provide the Service.
- We do not claim ownership of your content, but you grant us a license to use it.
- Permission to use your username, profile picture, and information about your relationships and actions with accounts.
You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows) next to or in connection with accounts and content that you follow or engage with that are displayed on the Service, without any compensation to you.
- You agree that we can download and install updates to the Service on your device.
We will continue to innovate the Service which may, at times, require updates to software, media, and content on your device.
Additional Rights We Retain
- If you select a username or similar identifier for your account, we may change it if we believe the change is appropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user).
- If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
- You can only use our intellectual property and trademarks or similar marks with our prior written permission.
- You must obtain written permission from us to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.
The Service may offer you the opportunity to order or subscribe to a product, according to the following terms.
- Pricing and Availability
When you order a product or service, the price will be made clear during the order process. All prices are in U.S. Dollars, except where otherwise noted. You agree to pay the price that is stated in your order, as well as any applicable taxes and shipping expenses, where applicable. While we try to provide accurate pricing information on our Services, a price stated on a Service occasionally may be in error. If in processing your order we determine that the correct price is less than the stated price, we will charge you the lower price. If we determine that the correct price is higher than the stated price, we are not obligated to fulfill your order at the stated price. We will attempt to notify you using the contact information provided in connection with your order, and we will give you the choice to cancel your order or pay the correct price.
If you have purchased a subscription and it is scheduled to auto-renew, you agree to pay for the renewal at the predetermined price. If you do not want to renew, you will cancel the auto-renewal prior to the renewal date. Once a renewal is cancelled, the subscription will continue to be active until its expiration date.
- Product Descriptions
We try to be accurate when we describe and depict our products and services. However, we cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images will always be complete, reliable, current and error-free.
Purchases may be subject to taxes in certain states. Depending on your state and the nature of the product or service you receive from us, this may be a sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
- Discounts and Promotions
The specific terms of any discounts or other promotions are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order.
We reserve the right to reject or cancel any order, in whole or in part, at any time prior to fulfilling the order. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree to not violate the terms of any specific offer or promotion, or place orders through the Service if we have notified you that you are prohibited from placing orders through the Services.
We accept only the payment methods indicated on the Service. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when we try to charge it, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.
As the Service is offered for a specific term, such as one month or one year, and paid for that term in advance, you are committing to the indicated term at time of purchase. You may contact Support if you have a problem with the Service and may be offered a refund of all or part of your payment if we feel we are unable to fulfill our responsibilities under these Terms.
Content Removal and Disabling or Terminating Your Account
- We can remove any content or information you share on the Service if we believe that it violates these Terms, our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people’s intellectual property rights, or where we are permitted or required to do so by law.
- Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called “Our Agreement and What Happens if We Disagree,” will still apply even after your account is terminated or deleted.
If you choose to install and use an Early Me mobile application (“Mobile App”), you also agree to the following terms.
You acknowledge that these Terms are concluded between you and the Company, only. The Company is responsible for the application, not the store or platform (e.g. Apple App Store, Google Play Store, etc.) from which you downloaded or installed the app (“Platform”).
- Scope of License
You are licensed to use the mobile app in accordance with these Terms and the terms you agreed to on the Platform. You are also limited to a non-transferable license to use the Mobile App on any device you own or control as permitted by each Platform’s usage rules.
- Maintenance and Support
The Company is solely responsible for providing any maintenance and support services for the Mobile App. The Platform has no obligation whatsoever to furnish any maintenance and support services for the Mobile App.
The Company is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify the Platform, and the Platform will refund the purchase price for your subscription; and that, to the maximum extent permitted by applicable law, the Platform will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company.
- Product Claims
The Company and you, not the Platform, are responsible for addressing any of your claims or claims of any third party relating to the Mobile App or your possession and/or use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
- Intellectual Property Rights
In the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes on that third party’s intellectual property rights, you and the Company, not the Platform, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third Party Terms of Agreement
You must comply with applicable third party terms of agreement when using the Mobile App.
- Apple Inc
You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce the Terms against you as a third party beneficiary thereof.
The Early Me Project
The Early Me Project (“Project”) aims to strengthen and unite communities by sharing personal histories of community members. When you participate in the Project by selecting to share one or more memories with the Early Me Project you acknowledge and agree to the following additional terms for these memories.
- You allow the Company to share these memories publicly.
- You waive any right to royalties or other compensation arising from or related to the use of your memories or media in your memories.
- You grant the Company a license to use memories you share with the Project in whole or in part in marketing media and collateral, including videos, social posts, and other advertising efforts.
- The Company may alter or modify these memories when sharing publicly for the purposes of clarification, viewability, story cohesiveness, and/or other purposes as deemed appropriate by the Company as long as the details and essence of the memory is not changed. You waive any right to inspect or approve the finished media or other content, including advertising matter in which they may be used.
- At any time you may remove a memory from the Project by changing the group with which the memory is shared. However, the memory may not be immediately removed from the Project’s feeds and other marketing material.
By using the Service you also agree to the following.
- If any aspect of this agreement is unenforceable, the rest will remain in effect.
- Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
- We reserve all rights not expressly granted to you.
- This agreement does not give rights to any third parties.
- You cannot transfer your rights or obligations under this agreement without our consent.
- Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.
Your and Our Responsibilities
- Our Service is provided “as is,” and we cannot guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- We do not control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also are not responsible for services and features offered by other people or companies, even if you access them through our Service.
- Our responsibility for anything that happens on the Service (also called “liability”) is limited as much as the law will allow. If there is an issue with the Service, we can’t know what all the possible impacts might be. You agree that you will not hold us responsible and agree we will not be responsible (“liable”) for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed $100 or the amount you have paid us in the past twelve months.
- You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.
How We Will Handle Disputes
- Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms, the Service, or the Company must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your own behalf and cannot seek relief that would affect other users of the Service. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
- Instead of using arbitration, you or we can bring claims in your local “small claims” court, if the rules of that court will allow it. If you don’t bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury.
The following claims don’t have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), violations of our policies, or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, phone number, and email address you use for your account, and a clear statement that you want to opt out of this arbitration agreement to: Incubug, Inc., ATTN: Early Me Arbitration Opt-out, PO Box 2730, Crystal Lake, IL 60039.
- Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, phone number, email address you use for your account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to: Incubug, Inc., ATTN: Early Me Arbitration Opt-out, PO Box 2730, Crystal Lake, IL 60039. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
- For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of Illinois or a state court located in McHenry County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
- The laws of the State of Illinois, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.
We always appreciate feedback and suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. If you continue to use the Service, you will be bound by the updated Terms. If you do not agree to these or any updated Terms, you can delete your account.
Questions, complaints, or claims with respect to these Terms, the Service, or the Mobile App should be sent to one of the contact methods below.
ATTN: Early Me Support
PO Box 2730
Crystal Lake, IL 60039-2730