Terms of Service

Definitions

• "Company," "we," "our," or "us" in any of our policies or terms, refers to Maintain Social LLC.
• "Service" refers to the Maintain web application, including all features, content, and functionality provided through maintain.social or any other format we may offer.
• "You" or "your" refers to the individual who owns an account with the Service. You represent and warrant that you are at least 18 years of age.

Account Terms

• Age Requirement: You must be at least 18 years of age to use the Service. By creating an account, you represent and warrant that you are at least 18 years old. Accounts created by individuals under 18 are not permitted, and we reserve the right to terminate any account that violates this requirement.
• Account Security: You are responsible for maintaining the security of your account credentials. You agree not to share your password with others and to notify us immediately of any unauthorized access to your account. The Company cannot and will not be liable for any loss or damage resulting from your failure to comply with this security obligation.
• Account Responsibility: You are responsible for all content posted to and all activity that occurs under your account. If you authorize others to access your account, you remain fully responsible for their actions.
• Friend Code: Upon account creation, you will receive a unique 6-character friend code that others can use to send you friend requests. You may share this code at your discretion. You are responsible for any friend requests that result from sharing your code.
• Human Accounts Only: Accounts registered by bots, automated methods, or any non-human entity are not permitted. You agree to use the Service only for personal, non-commercial purposes.
• Content Standards: You agree that all content you post to the Service must comply with the Content Policy outlined below. You are solely responsible for the content you post.

Content Policy

The Service is designed as a private, friends-only space for meaningful connection. To maintain the integrity and safety of the platform, you agree not to post content that includes:

• Violent, threatening, or harassing language or imagery
• Pornographic, sexually explicit, or sexually suggestive content
• Illegal content or content that promotes illegal activities
• Content that facilitates discrimination, hate, or harassment based on protected characteristics (including but not limited to race, ethnicity, gender, sexual orientation, religion, disability, or national origin)
• Impersonation of another person or entity
• Spam, commercial solicitation, or advertising
• Malicious code, viruses, or technology designed to harm or disrupt the Service
• Intellectual property that you do not own or have the right to use
• Misinformation designed to deceive or cause harm
• Any other content that we reasonably determine violates the spirit of this Policy

Acceptable Use Examples

To clarify, the following types of content are generally acceptable on Maintain:

• Personal photos, life updates, and memories shared with friends
• Opinions, thoughts, and discussions on various topics
• Creative content you have created or have rights to share
• Recommendations, reviews, or experiences you want to share with friends
• Memes or humor that does not target or harass individuals or groups

Your Responsibility: You agree that you are solely responsible for the content you post. You warrant that you own or have the necessary rights to all content you post, and that posting such content does not infringe on any third-party rights.

Moderation: Because Maintain is a private, friends-only network, moderation is primarily peer-enforced within your social circles. However, we reserve the right (but not the obligation) to investigate reports of content violations, and we may remove content or terminate accounts at our sole discretion if we determine that content violates this Policy or applicable law.

Links and Third-Party Content: This Content Policy applies equally to any links you share within the Service. You are responsible for ensuring that linked content does not violate this Policy. We are not responsible for the content, accuracy, or availability of any third-party websites or resources linked within the Service. Accessing third-party links is at your own risk, and we encourage you to review the terms and privacy policies of any external sites you visit.

Usage Limits

To ensure fair use and prevent abuse, we implement usage limits on certain actions within the Service. These limits may change at our discretion without notice. Attempting to circumvent any usage limits or abuse the Service will result in account suspension or termination.

Account Termination and Deletion

• Your Right to Cancel: You may cancel your account at any time by following the instructions provided in your account settings. You may also contact our Support team for assistance with cancellation.
• Content Deletion: Upon account cancellation, your account will become inaccessible immediately. All of your content will be permanently deleted from our active systems and backups within a reasonable timeframe, after which we cannot recover this information.
• Our Right to Terminate: We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time, with or without notice. This includes but is not limited to:
  • Violation of these Terms or the Content Policy
  • Violation of applicable law
  • Abuse or threats directed toward Company employees or other users
  • Any activity we determine to be harmful to the Service or other users
• Inactivity: Accounts that have not been accessed for more than two years may be archived or deleted by the Company to manage storage and operating costs. We may or may not provide advance notice of such action.

Service Modifications and Availability

We are committed to maintaining the Service and continuously improving it. However, we reserve the right at any time to modify, temporarily or permanently discontinue, or limit access to any part of the Service with or without notice.

The Service is provided on an "as is" and "as available" basis. We do not guarantee uptime or uninterrupted availability, though we take the reliability of the Service seriously.

Force Majeure

Maintain Social LLC shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control. This includes, but is not limited to: natural disasters, acts of war or terrorism, pandemics, government actions, power outages, internet or telecommunications failures, cyberattacks, or failures of third-party service providers.

In the event of such circumstances, our obligations under these Terms will be suspended for the duration of the event, and we will use reasonable efforts to resume normal operations as soon as practicable.

Data and Privacy

Your use of the Service is at your sole risk. We implement industry-standard security measures, including encryption and regular backups, to protect your data. However, no security measure is completely foolproof.

You agree that Maintain may process your data in accordance with our separate Privacy Policy. By using the Service, you consent to our collection and use of data as described in the Privacy Policy.

We work with third-party service providers to operate the Service. These providers may have access to your data only to the extent necessary to provide their services.

Intellectual Property

• Your Content: All content you post to the Service remains your property. You grant Maintain a limited license to use, store, and display your content solely for the purpose of providing the Service to you and your approved friends.
• Our Intellectual Property: Maintain Social LLC and its licensors own all rights, title, and interest in and to the Service, including all intellectual property rights. You may not duplicate, copy, or reuse any portion of the Service, including its code, design, or functionality, without express written permission from the Company.

Copyright Infringement and DMCA Policy

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond to valid notices of alleged copyright infringement.

Filing a DMCA Notice

If you believe that content on the Service infringes your copyright, please send a written notice to support@maintain.so containing:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing, with enough detail for us to locate it
• Your contact information (address, telephone number, and email)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf

Counter-Notification

If you believe your content was wrongly removed due to a DMCA notice, you may submit a counter-notification to support@maintain.so containing your contact information, identification of the removed material, a statement under penalty of perjury that you have a good faith belief the material was removed by mistake, and your consent to the jurisdiction of federal court in Wyoming.

Repeat Infringers

We reserve the right to terminate the accounts of users who are determined to be repeat infringers of intellectual property rights.

Liability Limitation

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT MAINTAIN SOCIAL LLC IS NOT LIABLE TO YOU OR ANY THIRD PARTY FOR:

• Any direct, indirect, incidental, special, or consequential damages
• Loss of data, revenue, or profits
• Damages resulting from your use of or inability to use the Service
• Damages resulting from unauthorized access to or alteration of your data
• Damages resulting from actions of any third party using the Service
• Damages resulting from any content posted by other users
• Any other damages or losses related to these Terms or the Service

This limitation applies regardless of whether the Company has been advised of the possibility of such damages.

Indemnification

You agree to indemnify and hold harmless Maintain Social LLC, its officers, employees, and agents from any claims, damages, losses, or expenses (including attorneys' fees) arising from your use of the Service, your content, or your violation of these Terms.

Dispute Resolution and Governing Law

These Terms are governed by the laws of the United States and the State of Wyoming, without regard to conflict of law principles. Maintain Social LLC is incorporated in Wyoming.

Binding Arbitration

You and Maintain Social LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in court for matters related to intellectual property or unauthorized access to the Service.

Arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Wyoming, or at another mutually agreed location, and may be conducted remotely to the extent permitted. 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 AND MAINTAIN SOCIAL LLC 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. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@maintain.so within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you and Maintain Social LLC may pursue claims against each other in court.

General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Maintain Social LLC regarding the Service.
• Severability: If any portion of these Terms is found to be unenforceable, the remaining portions shall remain in full force and effect.
• Contact: If you have questions about these Terms, please contact our Support team at support@maintain.so.