FLOCKITTOME

Draft pending attorney review. Do not publish until approved.

Terms of Use

Effective date: [DATE]

These Terms of Use (“Terms”) are an agreement between you and Flockittome Corp (“FlockItToMe,” “we,” “us”), P.O. Box 8417, 1165 Lincoln Avenue, San Jose, CA 95125. They cover your use of www.flockittome.com, app.flockittome.com and related services (the “Service”). Please read them along with our Privacy Policy.

1. Accepting these Terms

By creating an account or using the Service, you agree to these Terms. If you use the Service for a company, school, church, club or other organization, you confirm that you have authority to accept these Terms for it, and “you” includes that organization.

2. Who can use FlockItToMe

  • You must be at least 14 years old to use the Service. No one 13 or younger may create an account or appear as a member of a Flock.
  • If you are 14 to 17, you may use the Service only with the permission of a parent or legal guardian, who agrees to these Terms for you. [ATTORNEY: confirm consent method, and who may consent for youth in foster care, such as a caregiver or placing agency.]
  • You may not use the Service if we have previously closed your account for breaking these Terms, or if the law prohibits you from using it.

3. Your account

  • Give accurate information and keep it current.
  • Keep your password private. You are responsible for what happens under your account.
  • We may ask you to confirm your identity with a code sent to your email before you create Challenges or Flocks.
  • Tell us right away at support@flockittome.com if you think someone else has used your account.

4. How the Service works

  • A Challenge is a volunteer goal with one thing to count, a start date and an end date.
  • A Flock is a team that joins a Challenge.
  • Proof is a photo or short video showing volunteer work, plus a quantity the member types in.
  • Totals and rankings update as Proof is posted. When a Challenge ends, its results and Proof are frozen, and the Flock with the highest total is named the winner.
  • A Challenge or Flock may be public (anyone can see and join it) or private (only its creator can add members or Flocks). In public Challenges, members, Flocks and Proof are visible to everyone so results are fair. A private Flock’s leader chooses who can see members’ names and pictures: anyone, only Flock members, or only the leader.

5. Challenge creators and Flock leaders

If you create a Challenge or lead a Flock, you are responsible for its description, rules, dates, prizes and any changes you make. You agree to describe prizes honestly and to deliver any prize you promise. FlockItToMe does not provide, guarantee or deliver prizes, except for digital certificates you purchase through the Service.

6. Plans

  • Starter is free and includes 1 Challenge, up to 10 participants and 100 uploads per month.
  • Company is a paid subscription with the features listed on our pricing page.
  • Enterprise is offered under a separate written agreement.
  • An organization that buys a plan may name administrators who can create Challenges and see participation in them. The organization is responsible for its members’ use of the Service and for having any permissions it needs to invite employees or members.

7. Fees and payment

  • Prices are shown on our pricing page and may change. We will give subscribers at least 30 days’ notice of a price increase before it applies to them.
  • Payments are processed by Stripe. You authorize us and our processor to charge your payment method for the plan you choose.
  • Digital certificates not included in your plan cost $0.95 each. If you turn certificates on, we will email you after the Challenge ends to complete payment.

8. Subscriptions, renewal and cancellation

  • Monthly and yearly subscriptions renew automatically until you cancel.
  • You can cancel at any time in your account settings or by emailing support@flockittome.com. Cancellation takes effect at the end of the current billing period.
  • [ATTORNEY: confirm refund policy and California automatic renewal disclosure requirements.]

9. Free trials

If we offer a free trial, we will tell you its length and what happens when it ends. [ATTORNEY: confirm trial terms if a payment method is collected at sign-up.]

10. Changes to the Service

We may add, change or remove features. If a change materially reduces what a paid plan includes, we will tell you in advance and you may cancel before the change takes effect.

11. Your content

  • You own the photos, videos, text and other content you post (“Your Content”).
  • You give FlockItToMe a non-exclusive, worldwide, royalty-free license to host, store, display and process Your Content only to run the Service, including showing it to the people your settings allow, building leaderboards, certificates and portfolios. This license ends when you delete Your Content or your account, except for copies kept in backups for a limited time or as the law requires.
  • We will not sell Your Content or use it in advertising without your permission.
  • You confirm you have the right to post Your Content, including permission from anyone who appears in it. Do not post photos or videos of people who have not agreed to be shown, and never post images of a minor without permission from the minor’s parent, guardian or authorized caregiver.

12. Honest proof

Proof must show real volunteer work and an honest quantity. Challenge creators and Flock leaders may remove Proof they believe is inaccurate. We may also remove Proof, adjust totals or disqualify a Flock if we find that Proof was false or duplicated.

13. Things you may not do

You may not:

  • post content that is illegal, hateful, harassing, sexual, violent or that exploits or endangers minors;
  • share anyone’s private information without permission;
  • pretend to be someone else;
  • post advertising, spam or links to unrelated businesses;
  • use the Service to collect other users’ information;
  • interfere with, attack or try to get around the security of the Service;
  • copy, scrape or resell the Service.

Anyone can report offensive content using the Report Offensive Content link. We review reports and may remove content or suspend accounts.

14. Volunteer activities and safety

FlockItToMe provides technology for organizing and tracking volunteer competitions. We do not organize, supervise, inspect or insure any volunteer activity, event or location, and we do not screen volunteers or the organizations they help.

  • You choose whether to take part in any activity, and you are responsible for your own safety and for following the rules of the places and organizations where you volunteer.
  • Organizations that run Challenges are responsible for their own activities, supervision of minors, background checks where needed, and insurance.
  • Adults should supervise minors taking part in any in-person activity.
  • A competition should never encourage unsafe behavior. Do not take risks to win.

[ATTORNEY: review release and assumption-of-risk language, especially for minors.]

15. Our content and trademarks

The Service, including its software, design and the FlockItToMe name and logo, belongs to Flockittome Corp and is protected by law. FlockItToMe’s challenge and competition approach is protected by U.S. Patent No. 10,904,614 B1, and FlockItToMe is a trademark of Flockittome Corp. [ATTORNEY: confirm the patent citation and whether the trademark is registered (®) or unregistered (™).] You may not use our trademarks without written permission.

16. Ending your use

You may delete your account at any time. We may suspend or close an account that breaks these Terms or puts others at risk. Sections that by their nature should continue, such as payment obligations, limits of liability and dispute terms, survive after your account ends.

17. Disclaimers

The Service is provided “as is” and “as available.” To the extent the law allows, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise the Service will be uninterrupted or error-free. A FlockItToMe portfolio or certificate does not guarantee any admission, job or award.

18. Limits of liability

To the extent the law allows, FlockItToMe will not be liable for indirect, incidental, special, consequential or punitive damages, or for any injury, loss or damage arising from volunteer activities. Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or $100. Nothing in these Terms limits liability that cannot be limited by law.

19. Indemnity

If you or your organization use the Service in a way that breaks these Terms or the law, or if a claim arises from an activity you organized, you agree to defend and hold FlockItToMe harmless from resulting claims and costs, to the extent the law allows.

20. Disputes and governing law

These Terms are governed by the laws of the State of California. Before filing any claim, please contact us at support@flockittome.com so we can try to resolve it. [ATTORNEY: choose either (a) binding individual arbitration with a class action waiver and an opt-out window, or (b) exclusive jurisdiction of state and federal courts in Santa Clara County, California.]

21. Changes to these Terms

We may update these Terms. If a change is material, we will notify you by email or in the app at least [30] days before it takes effect. If you keep using the Service after that date, the updated Terms apply.

22. Contact

Flockittome Corp, P.O. Box 8417, 1165 Lincoln Avenue, San Jose, CA 95125
support@flockittome.com · +1 (888) 842-3207