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Terms of Service for Users

For community members using InClub

Last Updated: October 31, 2024

These Terms of Service govern your use of InClub as a user ("you") joining and participating in brand communities on our platform.

A. Services

InClub provides a community-based social media platform that helps brands build and engage with their communities. Our services include:

Third-party features and integrations (including Shopify) are provided by those respective platforms and are excluded from InClub's responsibility. InClub retains no rights to user feedback provided for service improvement.

B. Age Requirements and Compliance

InClub is intended for users aged 16 and older. By using our platform, you represent that you are at least 16 years of age.

Australian Users (Online Safety Amendment Act 2024): In compliance with Australia's Online Safety Amendment (Social Media Minimum Age) Act 2024, users under the age of 16 are explicitly excluded from using InClub. Users under 13 are prohibited under all circumstances.

Age Verification: We use facial recognition technology to verify age during registration. This technology:

The audit log containing verification results (not biometric data) is retained to demonstrate compliance with age restriction laws and to prevent circumvention of age verification systems.

Account Removal: If we discover that a user is under 16 years of age (or under 13 globally), we will:

Parental Responsibility: Parents and guardians are responsible for monitoring their children's internet usage. InClub implements age verification measures, but we encourage parents to actively supervise online activities.

C. Your Content and Ownership

You retain full ownership of all content you create and share on InClub, including:

By posting content on InClub, you grant us a limited, non-exclusive license to display, distribute, and process that content within the platform to provide our services. This license allows us to:

Data Protection: We maintain comprehensive data backup and protection measures, including:

D. Data Privacy

Your data is processed in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We are committed to never sharing your data with third parties for marketing, advertising, or commercial purposes.

You own all outputs and content generated through your use of our Services.

E. Trust & Safety; Restrictions on Use

When using InClub, you must comply with all applicable laws and regulations. The following activities are strictly prohibited:

Illegal Activities:

Security and Access:

Harmful Behavior:

Platform Abuse:

Intellectual Property:

Account Management: You are responsible for:

F. Confidentiality

Both you and InClub agree to protect any confidential information shared between us with reasonable care and not to disclose it to third parties without consent.

Permitted Disclosures: Confidential information may be disclosed when:

G. Intellectual Property

InClub retains all intellectual property rights in the platform, including:

We grant you a limited, non-exclusive, non-transferable license to use InClub for its intended purpose while your account remains active and in good standing. This license does not permit you to:

You retain all rights to your content, but grant InClub the necessary rights to operate the platform and display your content to other users as described in Section C.

H. Publicity

InClub may identify you as a customer publicly, including:

You may revoke these publicity rights at any time by contacting us in writing at support@inclub.vip.

I. Account Termination and Suspension

Termination by Either Party: Either you or InClub may terminate your account with 30 days' written notice. You can terminate your account at any time through your account settings.

Immediate Termination: InClub reserves the right to immediately suspend or terminate accounts that:

Upon Termination:

Data Deletion Rights: You have the right to delete all of your data from the platform at any time, whether or not you are terminating your account. You can:

Upon receiving a data deletion request, we will permanently delete all your personal data, content, and associated information within 30 days, except where retention is required by law.

J. Disputes and Governing Law

These Terms of Service are governed by the laws of Australia. For Australian users, compliance with the Online Safety Act 2021 and its amendments is required.

Dispute Resolution: In the event of any dispute:

K. Warranties and Limitations of Liability

InClub services are provided "as is" without warranties of any kind, express or implied. We do not guarantee that:

Limitation of Liability:

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you.

L. Indemnification

Your Indemnification: You agree to defend, indemnify, and hold InClub harmless against any third-party claims arising from:

InClub's Indemnification: InClub will defend you against claims that our platform infringes on third-party intellectual property rights, subject to standard indemnification procedures.

M. General Provisions

Modifications to Terms: InClub may modify these Terms of Service at any time. We will provide notice of material changes by:

Your continued use of InClub after changes constitutes acceptance of the modified Terms.

Assignment: InClub may assign these Terms during mergers, acquisitions, or business transfers. You may not assign your rights or obligations without our written consent.

Force Majeure: Neither party will be liable for failures to perform due to causes beyond reasonable control, including:

Severability: If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and InClub regarding use of the platform.

No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision or any other provision.

N. Contact Information

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

Email: support@inclub.vip

Platform: InClub - The future of loyalty is community