InvyteOut Terms of Service

Welcome to InvyteOut! The Service is a social media platform designed to help users coordinate gatherings, meet-ups, private messaging, and interact with the InvyteOut Business Network through reviews, ratings, promotions, and advertisements (the “Services”). The Services include our mobile application (the “App”) and the web-based platform accessible at InvyteOut.com (the “Webapp”).

By downloading, installing, accessing, or using the Services (including the App or Webapp), you agree to be bound by these Terms of Service (“Terms”). If you do not agree with any part of these Terms, you must not use the Services.

These Terms are entered into between you (“User,” “you,” or “your”) and InvyteOut, Inc. (“InvyteOut,” “we,” “us,” or “our”), a corporation located in Puyallup, Washington. These Terms incorporate by reference our Privacy Policy, which together form the entire agreement between you and us.

We may update these Terms from time to time. We will notify you of material changes via in-App/Webapp notification or email. Continued use of the Services after such changes constitutes your acceptance of the revised Terms.

The Service enables users to:

• Coordinate gatherings and meet-ups with others.
• Engage in private messaging.
• Connect only with individuals from your phone’s contact list or those you meet in person and exchange information through the Services’ interface.
• Write reviews and submit ratings on businesses within the InvyteOut Business Network.
• Earn and track rewards and promotions from businesses on the InvyteOut Business Network.
• Upload photos or images related to businesses, events, gatherings, or locations.

The Services are accessible via our App and the Webapp at InvyteOut.com. Certain core features, such as real-time proximity verification (e.g., confirming proximity during in-person check-in/out at business locations) and phonebook-based trusted connections, require use of the App and enabling device permissions (location services and contacts access). The Webapp provides complementary access to your Account, messaging, reviews/ratings, rewards tracking, and business network interactions, but may have limited functionality for features requiring mobile device permissions.

To fully use all features of the Services, you must enable location services and grant access to your phonebook on a mobile device where applicable. We use location data solely for real-time verification purposes at specific moments and do not store your location data in our database or use it for any other purpose without your explicit consent. Phonebook access is temporary and used only to facilitate trusted connections; we do not store or share this data beyond immediate interactions.

By using the Services, you agree to receive advertisements and promotions (“Ads”) from us and participating businesses on our business network. These Ads may appear within the App or Webapp interface. We do not share your personal information with any businesses; Ads are targeted based on anonymized, aggregated data only. For more information, please see our Privacy Policy.

You must be at least 13 years old to use the Services. If you are under the age of 18 (a “Minor”), you may only access or use the Services with the informed consent of your parent or legal guardian and under their direct supervision. By permitting a Minor to use the Services, the parent or legal guardian:

• Agrees to this Agreement on behalf of the Minor,
• Assumes full responsibility for the Minor’s use of the Service, and
• Represents and warrants that they are the Minor’s lawful parent or guardian and have the authority to provide such consent.

If you are a parent or legal guardian and you allow your Minor to use the Service, you are responsible for the Minor’s activities on the Services, including any purchases, data provided, or interactions with other users.

We encourage parents and guardians to monitor and supervise their Minor’s online activities and to review this Agreement with them to ensure they understand their rights and obligations.

A parent or legal guardian may revoke consent for a Minor’s use of the Services at any time by contacting us at Info@InvyteOut.com. Upon revocation, we may suspend or terminate the Minor’s account and delete associated personal information as required by applicable law.

We do not knowingly collect personal information from children under the age of 13 and the Services are not directed to children under 13. If we discover that a child under 13 has created an account or submitted personal information, we will promptly delete the information and terminate the account.

Certain features of the Services may be restricted for users under 18. We may modify or limit access to specific features for Minors to comply with applicable laws or to promote user safety.

Subject to User’s continued compliance with this Agreement, Provider grants User a limited, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to download, install, and use the App solely on a mobile device that User owns or controls, and solely for User’s permitted use of the Services in accordance with this Agreement.

License Restrictions

User shall not, and shall not permit any third party to:

1. copy, modify, adapt, translate, or create derivative works of the App;
2. reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the App, except to the extent expressly permitted by applicable law notwithstanding this restriction;
3. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make the App available to any third party;
4. remove, alter, or obscure any proprietary notices or labels included in the App; or
5. use the App in any manner that violates this Agreement or applicable law.

Ownership

The App is licensed, not sold. InvyteOut and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights therein. No rights are granted to User other than those expressly set forth in this Agreement.

Updates and Modifications

InvyteOut may from time to time develop and provide updates, upgrades, patches, bug fixes, or other modifications to the App (collectively, “Updates”). Updates may be automatically installed without prior notice, and User consents to such automatic Updates. This Agreement applies to all Updates unless a separate license agreement accompanies such Update.

Mobile Platform Terms

User acknowledges and agrees that this Agreement is between User and InvyteOut only, and not with the operator of any mobile application marketplace or platform (including Apple Inc. or Google LLC) through which the App is made available (each, a “Platform Provider”). Platform Providers have no obligation to provide maintenance or support services with respect to the App.

To the extent the App is accessed through or downloaded from a Platform Provider’s marketplace, User agrees to comply with all applicable third‑party terms of service of the Platform Provider. To the extent this Agreement conflicts with applicable Platform Provider terms, the Platform Provider terms shall control solely with respect to App usage.

Apple App Store Acknowledgment (if applicable)

If User accesses the App through the Apple App Store, the following applies:

1. Apple is not a party to this Agreement and has no responsibility for the App or its content;
2. the license granted to User is limited to a non‑transferable license to use the App on Apple‑branded products that User owns or controls, as permitted by Apple’s App Store terms;
3. Apple has no obligation to furnish any maintenance or support services;
4. Apple is not responsible for any claims by User or any third party relating to the App, including product liability, consumer protection, or intellectual property claims; and
5. Apple is a third‑party beneficiary of this Agreement and may enforce this Agreement against User as a third‑party beneficiary.

To use the Services, you must create an account (“Account”) by providing accurate information, including phone number and email address verification for contact integration. Your Account is unified across the App and Webapp; you may access it via either platform using the same credentials. Your email address will serve as your primary identifier and cannot be removed or changed from your Account once created. You may update your phone number associated with your Account, but once changed, it cannot be reverted to a previous phone number. You also provide a profile name (your real name or an alias) to be displayed to others. To other users, the Services will display your name according to what is in their phonebook if you are saved in their contacts; otherwise, your profile name will be displayed. Other users’ account-linked emails will not be displayed to anyone unless already contained in the user’s phonebook.

You are responsible for:

• Maintaining the confidentiality of your Account credentials.
• All activities conducted through your Account.
• Ensuring that your use complies with applicable laws.
• Maintaining access to your email address, as we are not responsible for any loss of access to your Account resulting from failed login attempts or issues with your email provider.

You agree not to:

• Share your Account with others.
• Use the Services for commercial purposes without our prior written consent.
• Attempt to bypass location verification or any security features.

You are solely responsible for maintaining access to the email address, phone number, or other credentials associated with your Account (your “Login Credentials”). If you lose access to your Login Credentials, discontinue use of the associated email address, or otherwise become unable to access your Account, InvyteOut is not responsible for restoring access to that Account.

If you are unable to regain access to your original Account, you may create a new Account; however, InvyteOut cannot merge, link, consolidate, or otherwise combine a previous Account with a new Account, and InvyteOut has no obligation to recover or transfer any data, preferences, history, or settings from the old Account into the new one.

Any rewards, points, credits, benefits, offers, discounts, or similar promotional items (collectively, “Rewards”) associated with your Account are personal to that Account, have no cash value, and cannot be transferred, reassigned, merged, redeemed, or recovered if you lose access to your Account or create a new one. InvyteOut does not guarantee the availability, continuity, or transferability of any previously accrued Rewards.

Accordingly, InvyteOut is not responsible for any loss, unavailability, or forfeiture of Rewards resulting from:

• loss of access to your Login Credentials;
• creation of a new or replacement Account;
• inability to verify or recover ownership of a prior Account; or
• any technical limitations that prevent migration or restoration of Rewards.

To the maximum extent permitted by applicable law, InvyteOut disclaims all liability for any inability to access your prior Account or any resulting inability to retain or use previously accrued Rewards, offers, or discounts.

You retain ownership of any content you upload or share, including reviews, ratings, messages, photos, images, and other materials (“User Content”). By submitting User Content, you grant us a worldwide, royalty-free, perpetual, irrevocable license to host, display, distribute, reproduce, modify (for formatting or technical purposes only), and use it as necessary to provide the Services, including moderation for compliance. Unless User Content is removed by us for violating our guidelines, or removed by its author, all user generated content will remain publicly displayed on our services and our platform even after your use has ended.

When you upload pictures or images of any business, event, location, or related subject (“Business/Event Photos”), you specifically grant InvyteOut and the featured businesses (as part of the InvyteOut Business Network) permission to use, display, reproduce, and distribute those photos in connection with the Services. This includes allowing the business to view, feature, or reference the photos on their InvyteOut Business Network profile or in related promotions within the Services, provided such use complies with these Terms and applicable laws. You represent and warrant that you have the necessary rights (including any model releases if people are identifiable) to grant these permissions for Business/Event Photos.

All User Content, including reviews, ratings, and Business/Event Photos on the InvyteOut Business Network, must be submitted in good faith. You agree not to post User Content that:

• Harasses, threatens, or impersonates others.
• Contains illegal, obscene, or harmful material.
• Violates others’ privacy or intellectual property rights.
• Promotes discrimination, violence, or illegal activities.
• Contains any confidential, proprietary, or sensitive information (including personal data, financial information, health information, or trade secrets). If we become aware that content you have uploaded appears to contain confidential or sensitive information, we may take reasonable steps to protect it; however, we undertake no duty or obligation to do so. To the fullest extent permitted by law, we disclaim all responsibility and liability arising from your decision to upload confidential or sensitive information.

You agree not to engage in any activities that undermine the Services’ intent to facilitate safe, trusted connections, including:

• Reverse-engineering, modifying, or disrupting the Services.
• Logging into another person’s Account on your device or allowing others to log into your Account on their device.
• Attempting to duplicate or fraudulently misrepresent your rights to any offers or promotions not provided to you by the Services.
• Transferring, selling, or assigning any rewards, promotions, or incentives accumulated through your use of the Services, as such items are non-transferable.
• Engaging in malicious activities such as review bombing or cyber-mobbing.

Rewards, promotions, or incentives accumulated by you are non-transferable, except where expressly permitted by the Services within the App or Webapp. We reserve the right to monitor usage for compliance and remove any violating User Content or Accounts without notice.

In addition to any other remedies available under law, violations of these Terms may result in one or more of the following penalties, at our sole discretion:

• Immediate temporary suspension of your Account access, features, or privileges.
• Permanent termination of your Account, with no right to reinstatement.
• Removal, deletion, or editing of any violating User Content, including reviews, ratings, messages, photos, or other materials.
• Forfeiture and revocation of any accumulated rewards, promotions, incentives, or benefits associated with your Account.
• Prohibition from creating new Accounts or accessing the Services in the future.
• Reporting of suspected illegal activities to relevant law enforcement or regulatory authorities.
• Pursuit of legal action for damages, including recovery of costs incurred by us due to your violation.

You acknowledge that these penalties are designed to protect the integrity of the Services, its users, and the InvyteOut Business Network, and you agree to comply fully to avoid such consequences.

By using the Services, you consent to receiving Ads from InvyteOut and our business network. These Ads are based on anonymized, aggregated data and do not involve sharing your personal information. You may opt out of certain promotional communications through your Account settings, but some Ads may still appear as part of the core Services experience.

iO Coin Rewards System

The Services include a feature called iO Coin, which is a rewards system where users earn iO Coin for various actions or activities they participate in within the App or Webapp. InvyteOut will provide the opportunity to “spend” or “redeem” iO Coin for various promotions from time to time. iO Coin has no monetary value. Users cannot transfer, remit, or gift iO Coin unless functionally allowed by InvyteOut. No refunds or credits shall be implied or expected for iO Coin.

Any offers, promotions, or incentives (including those redeemable with iO Coin) are subject to availability and our terms; we reserve the right to modify or cancel them at any time.

We (and our licensors) own all content and materials in our platform and services, except for content owned by others, such as reviewer‑generated reviews and any data you provide to us. Our ownership includes all rights in the design, compilation, look and feel, copyrighted works, trademarks, designs, code, inventions, and other intellectual property. All rights not expressly granted to User in this Agreement are reserved by InvyteOut.

You may not copy, distribute, modify, create derivative works from, or otherwise use our content or intellectual property unless we expressly permit it. This includes our logos, graphics, and trademarks.

You own your own logos, brand names, trademarks, and other intellectual property (“Customer IP”). You grant us and our affiliates a license to use your Customer IP as needed to provide, operate, administer, and support the services, platform, and related systems, and to exercise our rights and obligations under these terms.

We may collect and generate data relating to your use of our services and/or platform, including but not limited to metrics, analytics, and information derived from your user generated content and usage patterns (collectively, “platform activity data”). All rights, title, and interest in and to platform activity data, including any derivative works or analyses thereof, shall belong exclusively to us. We may use platform activity data for any lawful purpose, including but not limited to improving our services, developing new features, generating insights, and conducting analyses.

If you provide us with any suggestions, ideas, improvements, or other feedback about the platform or Services (“Feedback”), you acknowledge that we own all rights in that Feedback. You agree that we may use the Feedback for any purpose, without restriction or obligation to you.

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

We do not guarantee the accuracy, completeness, or timeliness of the Services or User Content. You use the Services at your own risk, including any interactions with other users or businesses.

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of data, profits, or goodwill, arising from your use of the Services, even if advised of the possibility of such damages. Our total liability shall not exceed $100.

User Indemnification.You agree to indemnify, defend, and hold harmless us and our affiliates, and our respective officers, directors, employees, and agents, from and against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (i) your or your authorized users’ use of the services; (ii) any content or data you or your authorized users upload, submit, or provide; (iii) your violation of these terms or applicable law; or (iv) your infringement or misappropriation of any third party’s rights.

Our Indemnification.We will indemnify and defend you against any third‑party claim alleging that your authorized use of the services infringes that party’s intellectual property rights. Our obligations do not apply to claims arising from: (i) your content or data; (ii) your use of the services in combination with any products, services, or materials not provided by us; (iii) your use of the services in violation of these terms; or (iv) modifications to the services made by anyone other than us.

Term. This Agreement begins when you download or first use the Services and continues until terminated under this Agreement or when the User stops using or deletes the Services.

Termination for Cause. Either party may terminate the services immediately upon written notice if the other party materially breaches these terms and fails to cure the breach within a reasonable cure period after receiving written notice.

Effect of Termination.Upon termination or expiration of this Agreement, your right to access and use the Services ends immediately. Upon termination, User must immediately cease all use of the App and delete all copies of the App from User’s devices.

These Terms are governed by the laws of the State of Washington, without regard to conflict of laws principles. Any disputes shall be resolved exclusively in the state or federal courts located in Pierce County, Washington.

You agree to first attempt informal resolution of disputes by contacting us at Info@InvyteOut.com. If unresolved, you waive any right to class actions or jury trials.

Neither party will be liable for any delay or failure to perform its obligations (other than payment obligations) to the extent caused by events beyond its reasonable control that are not the result of its negligence or willful misconduct, including but not limited to natural disasters; acts of God; fire; flood; earthquake; war; terrorism; civil unrest; labor disputes or strikes; pandemics, epidemics, or public health emergencies; governmental orders or regulations; power or telecommunications outages; or other similar events beyond the party’s reasonable control (each, a “Force Majeure Event”).

The affected party must provide timely written notice describing the Force Majeure Event and its expected impact, and must use commercially reasonable efforts to mitigate the effects and resume performance as soon as practicable. Performance will be excused only for the period during which the Force Majeure Event prevents performance.

If a Force Majeure Event continues for more than thirty (30) days, we may suspend or modify the services, and either party may terminate the affected services upon written notice. Termination under this section does not create any obligation for refunds unless otherwise expressly stated in these Terms.

Entire Agreement. These Terms, together with the Privacy Policy, the End User License Agreement (EULA), and any other documents or policies expressly incorporated by reference, constitute the entire agreement between you and us regarding the services and supersede all prior or contemporaneous agreements, understandings, and representations, whether written or oral.

Amendments. We may update or modify these Terms from time to time. Unless otherwise required by law, changes will take effect when posted on the platform or when we notify you. Your continued use of the services after the effective date of any changes constitutes your acceptance of the updated Terms.

Notices. We may provide notices electronically, including through the services, by email, or by posting on our website. You are responsible for maintaining current and accurate contact information. Notices to us must be sent in writing to the address or email we designate for legal notices.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction.

Waiver. A failure or delay by either party to enforce any right or provision of these Terms is not a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of the waiving party.

Severability. If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be deemed modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Third‑Party Beneficiaries.Except as expressly stated in these Terms, there are no third‑party beneficiaries to these Terms.

Survival. Any provisions that by their nature should survive termination, including those relating to ownership, confidentiality, disclaimers, indemnification, limitations of liability, payment obligations, and dispute resolution, will continue in effect.

If you have questions about these Terms, please contact us at Info@InvyteOut.com or InvyteOut, Inc., Puyallup, Washington.

Thank you for using InvyteOut! We look forward to helping you connect safely and meaningfully.