Terms of Service

1. Acceptance of Terms

By accessing or using TryPlayday ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

3. Description of Service

TryPlayday is an event coordination platform that helps users organize playdates and casual gatherings. The Service allows hosts to create events, share them with guests, collect RSVPs, and coordinate event details.

4. SMS/Text Messaging Consent

By providing your phone number and opting in to receive text messages from TryPlayday, you consent to receive automated text messages related to event coordination, including but not limited to:

• Event invitations and RSVP confirmations
• Event updates (time changes, location updates, cancellations)
• Reminders about upcoming events you've RSVP'd to
• Notifications when event details are finalized

Carriers are not liable for delayed or undelivered messages. By opting in, you confirm that you are the owner or authorized user of the mobile phone number provided and that you are authorized to approve the applicable charges.

5. User Accounts

You may use TryPlayday as a guest without creating an account, or you may create an account for additional features. If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

6. User Conduct

You agree not to:

• Use the Service for any unlawful purpose
• Harass, abuse, or harm other users
• Submit false or misleading information
• Attempt to gain unauthorized access to the Service
• Interfere with or disrupt the Service
• Use the Service to send spam or unsolicited messages
• Upload content that infringes on intellectual property rights
• Upload content containing malware or harmful code

7. User Content

You retain ownership of any content you submit to the Service ("User Content"), including event details, descriptions, and images. By submitting User Content, you grant TryPlayday a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to use, reproduce, modify, display, and distribute your User Content in connection with operating and providing the Service.

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third party's rights.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by TryPlayday and are protected by international copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

9. Third-Party Services

The Service may contain links to third-party websites or services that are not owned or controlled by TryPlayday. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that TryPlayday shall not be responsible or liable for any damage or loss caused by your use of any third-party services.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TRYPLAYDAY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRYPLAYDAY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE.

IN NO EVENT SHALL TRYPLAYDAY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TRYPLAYDAY IN THE SIX MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

12. Indemnification

You agree to defend, indemnify, and hold harmless TryPlayday and its officers, directors, employees, contractors, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or expenses (including attorney's fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third party's rights; or (d) your User Content.

13. Dispute Resolution and Arbitration

Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@tryplayday.com. We'll try to resolve the dispute informally by contacting you via email.

Binding Arbitration: If we cannot resolve a dispute informally, any dispute arising out of or relating to these Terms or the Service shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Class Action Waiver: YOU AND TRYPLAYDAY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by posting the new Terms on this page and updating the "Last updated" date. Your continued use of the Service after such changes constitutes acceptance of the new Terms.

16. Governing Law

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 legal action or proceeding not subject to arbitration shall be brought exclusively in the federal or state courts located in Delaware.

17. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

18. Entire Agreement

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

19. Contact Us

If you have any questions about these Terms, please contact us at support@tryplayday.com.