Terms of Use

Please read these Terms of Use ("Terms," "Terms of Use") carefully before using the Moblize mobile application (the "Service") operated by The City App LLC ("us," "we," or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.

1. Description of Service

Moblize is a mobile application designed to help sports enthusiasts find local pickup games and activities, discover sports facilities, join or create activities, and connect with other users who share similar interests and skill levels. Features include an interactive map, activity management, real-time activity tracking, in-app chat, skill-based matchmaking, a facility management system, and user profiles.

2. Accounts

Registration:

When you create an account with us, you guarantee that you are above the age of 13 (or the applicable age of majority in your jurisdiction) and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

Account Security:

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your device and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Account Termination:

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion. You may terminate your account through the "Delete Account" feature within the app settings.

3. User Conduct

You agree not to use the Service:

• For any unlawful purpose or in violation of any local, state, national, or international law.
• To harass, abuse, defame, stalk, threaten, or otherwise violate the legal rights of others.
• To publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
• To upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer or mobile device.
• To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Moblize or users of the Service or expose them to liability.

4. User-Generated Content

Our Service allows you to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material ("User-Generated Content" or "UGC"). You are responsible for the UGC that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting UGC on or through the Service, you represent and warrant that: (i) the UGC is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) the posting of your UGC on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

You retain any and all of your rights to any UGC you submit, post, or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for UGC you or any third party posts on or through the Service.

However, by posting UGC using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the UGC in connection with the Service and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

5. Intellectual Property

The Service and its original content (excluding User-Generated Content), features, and functionality are and will remain the exclusive property of Moblize and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Moblize. Nothing in these Terms grants you a right or license to use any trademark, design right, or copyright owned or controlled by Moblize or any other third party except as expressly provided in the Terms.

6. Location-Based Services

Certain features of the Service utilize location data from your mobile device. If you enable these features, you consent to the collection and use of your location data as described in our Privacy Notice. You can disable location services through your device settings, but doing so may limit your ability to use certain features of the Service. Moblize is not responsible for the accuracy or completeness of any location data.

7. Tipping and Financial Transactions

The Service may offer features allowing you to send tips to the developer (e.g., via Bitcoin or Lightning Network). All such transactions are voluntary. Moblize does not process these payments directly and is not responsible for any issues arising from these transactions. You are responsible for any fees or costs associated with using third-party payment processors or cryptocurrency networks.

8. Third-Party Links and Services

Our Service may contain links to third-party websites or services that are not owned or controlled by Moblize (e.g., map providers).

Moblize has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Moblize shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

9. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by this reference. Please review our Privacy Policy to understand our practices.

10. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOBLIZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

11. Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

12. Indemnification

You agree to defend, indemnify, and hold harmless Moblize and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

13. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you can simply discontinue using the Service or use the "Delete Account" feature within the app.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Minnesota, United States, without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, for example by an in-app notification or by posting on our website. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

16. Contact Us

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

Email: thecityappdev@gmail.com