Terms of Service

Last Updated: January 1, 2025

These Terms of Service ("Terms") govern your use of the Yachtparty application (the "App") and any related services provided by Tiny Mammoth Inc. ("we", "us", "the company" or "our"). By accessing or using the App, you agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines posted on the App. If you do not agree to these Terms, you must not use the App.

1. Acceptance of Terms By using the App, you acknowledge and agree to these Terms, as well as any other rules, policies, or guidelines that we may post on the App from time to time. If you do not agree to these Terms, you should not use the App.

2. Eligibility To use the App, you must be at least 21 years old, or the minimum age required to use the App in your jurisdiction. If you are under the required age, you may not use the App or provide any personal information to us. By using the App, you represent and warrant that you are eligible to use the App and that you will comply with these Terms.

3. Account Registration To access certain features of the App, you may be required to create an account. You agree to: * Provide accurate, current, and complete information during registration and update such information as necessary. * Maintain the security of your account and not share your login credentials with others. * Notify us immediately if you suspect any unauthorized access to your account. You are responsible for all activity that occurs under your account.

4. User Content The App may allow you to upload, post, or share content such as photos, videos, text, and other media ("User Content"). By submitting User Content, you grant Tiny Mammoth Inc. a worldwide, royalty-free, sublicensable, and transferable license to use, display, modify, and distribute your content in connection with the App and our services. You represent and warrant that: * You own or have the necessary rights to your User Content. * Your User Content does not violate any third-party rights, including intellectual property rights. * Your User Content complies with our community guidelines (see Section 7). You acknowledge that we may remove or disable access to User Content at our sole discretion if it violates these Terms or our guidelines.

5. Prohibited Activities You agree not to engage in any of the following activities while using the App: * Violating any applicable law or regulation. * Infringing the intellectual property rights of others. * Harassing, bullying, or threatening other users. * Uploading or distributing malicious software or viruses. * Impersonating another person or entity. * Engaging in spamming, phishing, or other fraudulent activities. * Using the App to promote illegal or harmful content. We reserve the right to suspend or terminate your account if we determine that you have engaged in any of the above activities.

6. Privacy Your use of the App is also governed by our Privacy Policy, which outlines how we collect, use, and protect your personal data. Please review our Privacy Policy to understand how your information is handled.

7. Community Guidelines We encourage users to engage respectfully and responsibly. Our Community Guidelines are designed to foster a positive environment. You agree to: * Be respectful and kind to others. * Avoid posting harmful, offensive, or inappropriate content. * Refrain from any activity that could disrupt the experience for other users. We may remove content or suspend accounts that violate these guidelines.

8. Intellectual Property The App and all of its content, including but not limited to text, images, graphics, logos, and software, are owned by Tiny Mammoth Inc. or its licensors and are protected by intellectual property laws. You agree not to use any of our intellectual property without our express permission.

9. Third-Party Links and Content The App may contain links to third-party websites, advertisements, or content. We do not endorse or control these third-party services and are not responsible for their content or practices. You use these third-party links at your own risk.

11. Payments and Taxes You may be eligible to earn money based on your activity on the platform. Any funds credited to your account may be reduced or revoked at any time for any reason by the Company.

You acknowledge that by withdrawing any funds from the platform, you are subject to the terms of any service providers that facilitate the transaction, including but not limited to Stripe, Stripe Connected Account, and your own bank.

You acknowledge that funds you may earn on the platform are subject to state and federal income tax, and it is your responsibility to report this income and pay taxes according to the jurisdictions that you reside in. You acknowledge that Tiny Mammoth Inc is not responsible for informing you of your legal and tax responsibilities and that any penalties for failure to report and/or pay your taxes is solely your responsibility.

You also acknowledge that information regarding funds earned or paid to you may be shared with service providers including but not limited to Stripe and Stripe connected accounts, as well as government entities. The company has no responsibility to inform you that this information was shared.

12. Termination We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violations of these Terms. You may also terminate your account at any time by contacting us through the App or by deleting your account via the settings. Upon termination, you will lose access to the App and your User Content may be deleted, subject to our data retention policies. The terms of this agreement will remain in effect after your account has been terminated, including but not limited to Limitation of Liability and Indemnification.

13. Disclaimers The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the App will be uninterrupted, error-free, or free of viruses or other harmful components. You use the App at your own risk, and we are not responsible for any damage to your device or loss of data.

14. Limitation of Liability To the fullest extent permitted by law, Tiny Mammoth Inc. and its affiliates, employees, and agents shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of data or profits, arising out of or in connection with your use of the App.

15. Indemnification You agree to indemnify and hold harmless Tiny Mammoth Inc. and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising from your violation of these Terms or any misuse of the App.

16. Governing Law These Terms shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law principles. Any disputes arising under or in connection with these Terms shall be resolved in the courts of Texas.

17. Changes to the Terms We may update or modify these Terms at any time. Any changes will be posted in the App, and the "Last Updated" date at the top of this page will be revised accordingly. Your continued use of the App after such changes constitutes your acceptance of the updated Terms.

18. Contact Information If you have any questions or concerns regarding these Terms or your use of the App, please contact us at: Tiny Mammoth Inc. 5900 Balcones Drive, STE 100 Austin, TX 78731 Or via email at: legal@tinymammoth.xyz

By using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.