Terms of Service

1. Agreeing to these terms

These Terms of Service ("Terms") are a legal agreement between you and Radar Social LLC, a Florida limited liability company ("Radar Social LLC", "we", "us" or "our"). They cover the Radar iPhone app, our websites, and every feature, content and service we offer through them (together, the "Service").

By creating an account, tapping to continue, or using the Service in any way, you agree to these Terms, our Community Guidelines and any other rules we post for a feature, all of which are part of these Terms. Our Privacy Policy explains how we handle your information. If you don't agree, don't use the Service.

Businesses that join as partners and people who join as affiliates may also have separate written terms. If those terms conflict with these Terms on a partner or affiliate matter, the separate terms win for that matter.

2. Who can use the app

You can use the Service only if all of these are true:

• You are at least 18 years old.
• You can form a binding contract with us, and nothing in the law stops you from using the Service.
• You live in the United States and use the Service from the United States. The Service is only offered in cities we have opened, starting with Tampa, Florida.
• You have never been convicted of, or pleaded guilty or no contest to, a felony or any crime involving violence or a sexual offense, and you are not required to register as a sex offender with any government authority.
• We have not previously suspended, banned or removed you, and you are not using the Service to get around a ban or a block.
• You are not located in a country subject to a US government embargo, and you are not on any US government list of prohibited or restricted parties.
• You will follow these Terms and all laws that apply to you.

You may have only one account. Accounts are personal: you can't share, sell, transfer or let anyone else use yours.

3. Your account and verification

You sign up with your mobile phone number or with Sign in with Apple, and every member confirms a US mobile number with a one-time code. You agree to give us accurate, current and complete information, including your real first name, true date of birth and recent photos that clearly show you, and to keep it up to date.

You are responsible for everything that happens on your account and for keeping your phone, Apple ID and sign-in codes secure. Tell us right away at support@onradarsocial.com if you think someone else has accessed your account.

What verification means and doesn't mean. Today, verification means a member confirmed control of a US mobile phone number. We may add other checks, such as a selfie check that compares a live video with your profile photos, or an identity document check run by a provider. A badge or verification level only means that a specific check was passed at a specific time. It is not an endorsement and does not mean a person is who they say they are, is safe, or has no criminal history. Checks can fail, be fooled or go out of date.

Screening. We do not conduct criminal background checks on members. We may, but are not required to, use available information, including public records such as sex offender registries, to screen members, and you authorize us to do so for your account. We have no duty to screen anyone, and any screening we do may miss things.

4. Suspension and termination

We may suspend, restrict, disable or terminate your account or your access to all or any part of the Service, and remove or refuse to show any content, at any time, for any reason or no reason, with or without notice, and without liability to you.

For example, we may act if we believe you broke these Terms or the Community Guidelines, if someone reports you, if we believe your account puts any person at risk, if we're required to by law, or if we stop offering the Service in your area. We don't have to explain our decision, give you a warning or a chance to fix anything, or restore your account or content. We may also block you from creating a new account, including by keeping your phone number, Apple identifier and other identifiers.

If we end your account, you lose access to it and your content, and any paid features end without refund except where the law requires one. If you believe we made a mistake, email us. We may review the decision, but we're not required to change it.

5. Deleting your account

You can delete your account at any time in the app: tap your photo in the top corner to open Me, then tap Delete my account. Deleting doesn't need a call or an email to us. Your profile disappears right away and we delete or de-identify your personal information as described in the Privacy Policy, except what we keep for safety, legal and fraud prevention reasons. Messages you already sent to others may stay in their conversations.

Deleting the app from your phone doesn't delete your account. Deleting your account doesn't cancel a subscription bought through Apple; cancel it in your Apple account settings.

6. Community Guidelines

Our Community Guidelines are part of these Terms. Breaking them is breaking these Terms. We can update them at any time.

Radar is for friendship and for doing real things together. It is not a dating or hookup service, and you may not use it to look for romantic or sexual encounters.

7. Meeting people in person

The point of Radar is meeting people in real life. That carries real risk, and you need to understand where our role ends.

• You are solely responsible for your interactions with other members, online and offline, including whether to meet someone, where, and what you do together.
• We do not conduct criminal background checks, identity screening beyond what section 3 describes, or any inquiry into members' backgrounds, health, or intentions. We do not verify the statements members make.
• We are not responsible for the conduct of any member or other person, whether on the Service or when you meet, and we make no promise about any member's identity, age, behavior, or compatibility with you.
• Members are not our employees, agents or representatives. Plans and activities are organized by members, not by us, unless we clearly say we are hosting.
• Be careful. Meet in public, tell a friend, and arrange your own way there and back. Read our Safety Tips before you meet anyone. Our tips are general guidance, not a guarantee of safety.
• The Service is not an emergency service. If you're in danger, call 911.

8. Assumption of risk

Activities you find, plan or join through the Service, such as walks, runs, sports, beach and water activities, bars, concerts, events and travel to and from them, can involve risk of property damage, illness, injury or death, including from the actions of other people. You participate voluntarily and at your own risk, and you knowingly assume all of those risks, whether known or unknown, to the fullest extent the law allows. You are responsible for deciding whether an activity is right for you, for your own fitness, insurance, transport, belongings and alcohol use, and for following venue rules and the law.

9. Partners, venues, events and deals

The Service shows venues, events, deals, promotions and content from third parties, including partner businesses, event organizers, ticket sellers, affiliates and public sources. Some of it is paid placement, labeled as promoted.

• Third parties, not us, run their venues, events, deals and promotions, and they are solely responsible for them, including safety, accuracy, pricing, availability, age and ID rules, alcohol service, accessibility, refunds and honoring offers.
• We don't endorse, inspect or guarantee any third party, venue, event or deal, and information shown (times, prices, locations, terms) may be wrong, change or be cancelled without notice.
• Any purchase, booking, ticket or redemption is between you and the third party, under their terms. We are not a party to it and have no liability for it.
• Some event listings come from Ticketmaster and other ticket sellers. We show them so you can find things to do and make plans, and link to the seller for tickets. We don't sell tickets and aren't responsible for third-party events or ticket sales. You buy tickets on the seller's site, under the seller's terms (for Ticketmaster, its Terms of Use at ticketmaster.com), and refunds, exchanges and order problems are between you and the seller.
• A deal may have conditions, limits, and expiry dates set by the partner. Deals have no cash value unless the partner says otherwise, can't be resold, and may end at any time.

10. Location features

Parts of the Service use your device's location, including Radar, our live, discoverable feature, which lets members who are also on Radar nearby see that you're around.

• Radar is off until you go live, and your Radar session ends by itself when the time you pick runs out. While you're on Radar, the app keeps updating your location, including in the background.
• We round and shift your location before storing it, and other members see only a soft circle on the map placed a random distance from you and an approximate distance band such as "nearby", never your exact location. Circles and distances are estimates and can be wrong.
• Location data from devices and networks can be inaccurate, delayed or unavailable. We don't promise that anyone is where the app suggests, that the app will show everyone nearby, or that it will hide you from people who see you in person.
• Being near someone, or seeing them on the app, is not an invitation. You may not use location features to locate, follow, track, or show up uninvited where any person is.
• You can turn off location access in iOS Settings at any time. Some features won't work without it.

11. Hellos and messaging

You can't message someone out of the blue. A chat opens only after someone accepts your hello, or you are accepted into the same plan, or another path we describe in the app. We may limit how many hellos, requests or messages you send.

You're responsible for what you send. We use automated tools to block some content, such as slurs, and to warn about risky content, such as sharing phone numbers or payment handles early. We may review messages when someone reports them, when our tools flag them, to investigate safety or fraud, or as the law requires. You consent to that review. Messages are not end-to-end encrypted, and other members can screenshot or share what you send.

12. Your content

"Your Content" means anything you post or send through the Service, including your photos, profile, bio, status, plans, messages and reports. You keep ownership of Your Content.

You grant Radar Social LLC a worldwide, non-exclusive, royalty-free, fully paid, transferable and sublicensable license to host, store, copy, reproduce, process, adapt, modify (for example, to resize, crop or moderate), translate, publish, display, distribute and otherwise use Your Content to operate, provide, improve, promote and protect the Service. This license continues for a reasonable period after you delete Your Content or your account, so we can remove it from our systems and backups, and continues indefinitely for content we keep for safety, legal or enforcement reasons and for content you shared with others (such as messages) that remains in their account. We won't use your profile photos in paid advertising outside the Service without asking you first.

You promise that you own or have all rights needed to post Your Content and grant this license, that Your Content is accurate and lawful, and that it doesn't infringe anyone's rights or break these Terms. You may only post photos of yourself, or photos of others with their permission. We don't have to host, show or keep any of Your Content and may remove it at any time.

If you send us ideas or feedback, we may use them for any purpose without paying or crediting you.

13. Reporting and moderation

You can report a member or content in the app or by emailing support@onradarsocial.com, and you can block anyone at any time. We review reports and may take any action we decide is appropriate, including removing content, limiting features, suspending or banning accounts, preserving information, and contacting law enforcement.

We are not obligated to monitor the Service, members or content, to review or act on any report, or to act within any time frame, and we are not responsible for content posted by members or third parties. Any moderation we do is at our discretion and doesn't create a duty to do more. Filing false or abusive reports breaks these Terms.

14. Prohibited conduct

You agree not to, and not to help or encourage anyone else to:

• Harass, bully, stalk, intimidate, threaten, dox, or contact or approach anyone who has said no, blocked you or stopped responding.
• Use or try to use the Service if you are under 18, or to contact, solicit or endanger a minor in any way.
• Engage in or promote violence, terrorism, self-harm, or anything that puts someone in danger.
• Post or send hate speech, or attack people based on race, ethnicity, national origin, religion, caste, sex, gender identity, sexual orientation, disability, serious disease, age or veteran status.
• Post or send sexual content or nudity, solicit sex or sexual services, or engage in sex trafficking, escorting, or prostitution.
• Scam, defraud or solicit money, gifts, loans, investments, cryptocurrency, or financial or personal information from anyone.
• Use the Service for any commercial purpose without our written permission, including advertising, selling, recruiting, multi-level marketing, promoting a business or event, or collecting followers or customers.
• Impersonate any person or entity, misrepresent your identity, age or affiliation, use someone else's photos, or create a fake or duplicate account.
• Share another person's private information, photos or location without their permission, or record people without their consent where the law requires it.
• Do anything illegal, or buy, sell or promote illegal drugs, weapons, or regulated goods.
• Post anything false, misleading, defamatory, obscene, or that infringes anyone's intellectual property, privacy or publicity rights.
• Spam, send chain messages, or send unsolicited invites, texts or messages, including to people in your contacts who didn't ask for them.
• Scrape, crawl, harvest or collect data or content from the Service by any automated or manual means, or use bots, scripts or emulators to access it.
• Copy, modify, reverse engineer, decompile, disassemble or create derivative works of the app or our technology, except where the law expressly allows it.
• Interfere with, disrupt, overload or attack the Service, probe or test its vulnerabilities, bypass any security, rate limit, location check or access control, or spoof your location.
• Use the Service to build or train a competing product, or for artificial intelligence or machine learning training.
• Get around a block, a suspension, a ban or a feature restriction, or help someone else do so.
• Use any account other than your own, or sell, rent or transfer an account.

15. Your license to use the app

As long as you follow these Terms, we give you a personal, royalty-free, non-assignable, non-exclusive, revocable and non-sublicensable license to install and use the app on Apple-branded devices you own or control, as permitted by Apple's usage rules, solely for your own personal, non-commercial use of the Service within the United States. The license ends when your account ends or when we end it.

The Service, including the app, software, design, text, graphics, logos and trademarks (other than Your Content and third-party content), belongs to Radar Social LLC or its licensors and is protected by intellectual property laws. Nothing in these Terms gives you any right to use our names, logos or trademarks. We reserve all rights not expressly granted.

16. Copyright policy (DMCA)

We respect intellectual property and respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send our designated agent a written notice that includes:

1. Your physical or electronic signature.
2. Identification of the copyrighted work you claim is infringed (or a representative list, if there are several).
3. Identification of the material you claim is infringing and where it is on the Service, with enough detail for us to find it (for example, a screenshot and the member's first name and city).
4. Your name, address, telephone number and email address.
5. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law.
6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf.

Designated copyright agent: Copyright Agent, Radar Social LLC, 2406 E State Road 60 Unit 1723, Valrico, FL 33595. Email: support@onradarsocial.com.

Counter-notice. If your content was removed and you believe that was a mistake or misidentification, you can send the agent a counter-notice with your signature, identification of the removed material and where it appeared, a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification, your name, address and phone number, and a statement that you consent to the jurisdiction of the federal district court for the district where your address is (or, if outside the US, any district where we may be found) and will accept service of process from the person who sent the original notice. We may restore the content in 10 to 14 business days unless the complaining party tells us it has filed a court action.

Repeat infringers. We terminate the accounts of repeat infringers in appropriate circumstances. Knowingly false notices can make you liable for damages under 17 U.S.C. § 512(f).

17. Text messages and push notifications

Verification texts. When you enter your mobile number to sign up or sign in, you agree that Radar Social LLC and its service providers may send you text messages with one-time verification codes to that number, using automated technology. These are transactional messages you request. Message frequency varies with how often you sign in. Message and data rates may apply. Reply HELP for help, or STOP to stop texts from us; if you stop verification texts, you may not be able to sign in with your phone. Consent to receive texts is not a condition of any purchase. Carriers are not liable for delayed or undelivered messages.

Service texts. We may also text you about your account and safety, such as security alerts or notices about a report. You can opt out by replying STOP.

City launch texts. If you give us your mobile number on the "not in your city yet" screen or on our website, you agree that we may send you up to two text messages about Radar opening near you, using automated technology. Message and data rates may apply. Reply STOP at any time to opt out, or HELP for help. Your consent is not a condition of any purchase. We won't send you other marketing texts unless you separately agree.

SMS program. Radar texts are verification codes, account and safety notices, and city launch updates. Message frequency varies. Message and data rates may apply. Reply STOP to opt out and HELP for help, or email support@onradarsocial.com. See our Privacy Policy for how we handle phone numbers.

You confirm that you are the subscriber or customary user of any number you give us, and you agree to tell us promptly if you give up that number. If you give us someone else's number, you're responsible for any claim that results.

Push notifications. If you allow notifications on your iPhone, we'll send push notifications about activity on your account (such as hellos, requests, messages and plan changes) and, if you leave those settings on, news about your city. You can change which notifications you get in the app's settings, or turn them off in iOS Settings.

18. Electronic communications

You agree to receive notices, agreements, disclosures and other communications from us electronically, in the app, by push notification, by text, by email or by posting them on our website, and agree that these electronic communications satisfy any legal requirement that they be in writing. You can withdraw this consent only by deleting your account.

19. Radar Premium, paid features and in-app purchases

The core Service is free: going live, saying hi, plans, chat, and every safety tool, including blocking, reporting and verification. Radar Premium is an optional paid upgrade with extra features such as Boost, advanced Radar filters, the full city activity map and browsing other cities. The features in Radar Premium may change over time.

• How you buy it. Radar Premium is sold in the app through Apple as a monthly or yearly auto-renewing subscription, or as a one-time lifetime purchase. The price and period are shown before you confirm, and payment is charged to your Apple ID account. We don't process or receive your payment card details.
• Auto-renewal. Monthly and yearly subscriptions renew automatically at the then-current price for the same period unless you cancel at least 24 hours before the end of the current period. Your Apple ID is charged for renewal within 24 hours before the period ends.
• Cancelling. Cancel any time in your Apple ID settings (Settings, your name, Subscriptions). Cancelling stops the next renewal; Premium stays on until the end of the period you paid for. Deleting the app or your Radar account doesn't cancel a subscription.
• Refunds. We don't give refunds. All purchases are final, with no refunds or credits for partial periods or unused features, except as required by law. Apple handles every refund request under its own policy at reportaproblem.apple.com. If Apple refunds or revokes a purchase, Premium ends on your account.
• Lifetime. A lifetime purchase gives Radar Premium for as long as Radar offers Radar Premium and your account stays open and in good standing. It isn't transferable and ends if your account is deleted or terminated.
• One account. A purchase belongs to the Radar account that first used it. Use Restore purchases on that account after reinstalling or changing phones.
• Suspension. If we suspend or terminate your account under these terms, you lose access to Premium without a refund from us.
• Changes. Prices, features and what is free or paid may change. We'll tell you before a price change affects your subscription, as the law and Apple require.
• Virtual items and credits have no cash value, can't be transferred or redeemed for cash, and end when your account ends.
• Paid tickets for real-world events, if offered, may be sold through a different payment provider under separate terms shown at checkout.

20. Invites, referrals and affiliates

We may give you a personal invite code or link to share with friends, and we may run an affiliate program for creators and promoters. These programs track who brought whom to Radar. They pay no cash or other compensation unless we offer a specific reward in writing. Codes and links have no monetary value and can't be sold or transferred.

We may change, suspend or end any invite, referral or affiliate program, or any reward, at any time and for any reason, and may withhold or revoke credit for any referral we believe is fraudulent, self-referred, duplicated or against these Terms. When you invite people, you're responsible for doing it lawfully: only send invites to people you know who would want them, and don't send bulk or automated messages. Affiliates must follow our affiliate terms and the Federal Trade Commission's rules on disclosing material connections.

21. Apple App Store terms

If you downloaded the app from Apple's App Store, these additional terms apply:

• Parties. These Terms are between you and Radar Social LLC only, not with Apple Inc. ("Apple"). Radar Social LLC, not Apple, is solely responsible for the app and its content.
• Scope of license. Your license to use the app is limited to a non-transferable license to use it on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed by other accounts associated with you through Family Sharing or volume purchasing where allowed.
• Maintenance and support. Radar Social LLC is solely responsible for any maintenance and support of the app, as described in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the app.
• Warranty. Radar Social LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are Radar Social LLC's responsibility, to the extent not disclaimed in these Terms.
• Product claims. Radar Social LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including (a) product liability claims, (b) any claim that the app fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property. If any third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, Radar Social LLC, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
• Legal compliance. You represent and warrant that (a) you are not located in a country that is subject to a US government embargo or that has been designated by the US government as a "terrorist supporting" country, and (b) you are not listed on any US government list of prohibited or restricted parties. You agree to comply with all US export control and sanctions laws.
• Developer contact. Questions, complaints and claims about the app go to Radar Social LLC, 2406 E State Road 60 Unit 1723, Valrico, FL 33595, support@onradarsocial.com.
• Third-party terms. You must comply with any applicable third-party terms (such as your wireless carrier's) when using the app.
• Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

22. Third-party services and links

The Service relies on and links to services we don't control, such as Apple (sign-in, maps, notifications), SMS carriers, ticketing sites, partner websites and social networks. Your use of them is governed by their own terms and privacy policies, and we are not responsible for them, their content, or their availability.

23. Disclaimers

The Service is provided "as is" and "as available", with all faults, and without warranties of any kind. To the fullest extent permitted by law, Radar Social LLC and its affiliates, officers, members, managers, employees, agents, partners and licensors (the "Radar Social LLC Parties") disclaim all warranties, express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, accuracy, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, secure, error-free or free of harmful components, that any content or location or distance information is accurate, that any member is who they claim to be or is safe, that you will meet anyone, or that any event, plan, venue or deal will happen as described. We make no warranty about the conduct of any member, partner or other third party, on or off the Service. Any material you obtain through the Service is used at your own risk. No advice or information, oral or written, obtained from us creates any warranty not expressly stated in these Terms.

24. Limitation of liability

To the fullest extent permitted by law, in no event will the Radar Social LLC Parties be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, or for any loss of profits, revenue, data, use, goodwill or other intangible losses, arising out of or relating to (a) your access to, use of or inability to use the Service; (b) the conduct or content of any member or third party, on or off the Service, including any meeting, plan, event or activity, and any personal injury, emotional distress, death or property damage resulting from it; (c) any venue, event, deal, promotion or third-party service; (d) unauthorized access to, use of or alteration of your content or information; or (e) the suspension or termination of your account, even if we have been told such damages are possible.

To the fullest extent permitted by law, the total liability of the Radar Social LLC Parties for all claims arising out of or relating to the Service or these Terms, in any form of action, will not exceed the greater of (i) the amount you paid us, if any, for the Service in the 12 months before the event giving rise to the claim, or (ii) one hundred US dollars (US $100).

These limits apply to every theory of liability, including contract, warranty, tort (including negligence), strict liability and statute, and even if a remedy fails of its essential purpose. They are an essential part of the bargain between you and us. Some states don't allow certain exclusions or limits, so some of them may not apply to you; in that case they apply to the fullest extent your state allows. Nothing in these Terms limits liability that can't be limited by law, such as for our gross negligence, willful misconduct, or fraud where the law forbids limiting it.

25. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Radar Social LLC Parties from and against all claims, demands, actions, losses, damages, liabilities, fines, costs and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your access to or use of the Service; (b) Your Content; (c) your conduct with or toward any member or other person, on or off the Service; (d) any activity, plan or event you organize or join; (e) your breach of these Terms or the Community Guidelines; or (f) your violation of any law or any third party's rights. We may take over the defense of any matter at our own cost, and you agree to cooperate. You may not settle any matter without our written consent.

26. Release

To the fullest extent permitted by law, you release the Radar Social LLC Parties from all claims, demands and damages of every kind, known and unknown, arising out of or relating to disputes between you and any other member, partner, venue, event organizer or other third party, including anything that happens when you meet or interact with them.

If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You waive any similar law in any other state to the same extent.

27. Arbitration and class action waiver

This section affects your rights. It requires you and us to resolve most disputes by binding individual arbitration, and it waives jury trials and class actions. You can opt out within 30 days, as explained below.

27.1 Informal resolution first

Before starting an arbitration or small claims case, you and we each agree to first try to resolve the dispute informally. The party with the claim must send a written notice to the other (for us, to Radar Social LLC, Attn: Legal, 2406 E State Road 60 Unit 1723, Valrico, FL 33595, with a copy to support@onradarsocial.com; for you, to the phone number or email on your account) that includes the name, phone number and email of the claimant, a description of the dispute and the relief requested, and is personally signed by the claimant (and by their lawyer, if they have one). For 60 days after the notice is received, the parties will try in good faith to resolve the dispute, including through an individual phone or video conference at a mutually convenient time, which the claimant must personally attend. Statutes of limitations and filing fee deadlines are paused during this period. A court may enforce this requirement, and an arbitration filed without completing it may be dismissed.

27.2 Agreement to arbitrate

Except as described below, you and Radar Social LLC agree that any dispute, claim or controversy between you and us (or any Radar Social LLC Party) arising out of or relating in any way to the Service, these Terms, your account, or any interaction with other members, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you agreed to these Terms ("Dispute"), will be resolved by binding individual arbitration. The arbitrator, and not any court, has exclusive authority to resolve any Dispute, including about the interpretation, applicability, enforceability or formation of this arbitration agreement, except that a court decides (a) whether the class action waiver, the mass arbitration procedures, and the jury waiver are enforceable, and (b) whether the informal resolution requirement was satisfied.

27.3 Exceptions

Either party may (a) bring an individual claim in small claims court in Hillsborough County, Florida, or in the county where you live, if it qualifies and stays there on an individual basis; and (b) seek an injunction or other equitable relief in court to stop the actual or threatened infringement, misappropriation or violation of intellectual property rights, or unauthorized access to or abuse of the Service (such as scraping or hacking).

27.4 Rules and costs

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, as modified by this section (available at adr.org or by calling 1-800-778-7879). It will be decided by a single arbitrator. If the AAA is unavailable, the parties will agree on, or a court will appoint, another arbitration provider. The Federal Arbitration Act governs this section. Hearings may be held by video or phone, or in person in the county where you live or in Hillsborough County, Florida, as you choose. Payment of filing, administration and arbitrator fees will be governed by the AAA's rules, and we will pay any fees above what you would pay to file in court, unless the arbitrator finds the claim frivolous or brought for an improper purpose. Each party bears its own attorneys' fees unless the law or the arbitrator awards them. The arbitrator may award any individual relief available in court, but only in favor of the individual party seeking relief and only to the extent needed to provide relief warranted by that party's individual claim. The arbitrator's decision is final and binding, except for any appeal right under the Federal Arbitration Act, and judgment may be entered in any court with jurisdiction.

27.5 Class action and jury trial waiver

You and Radar Social LLC each agree that disputes will be resolved only on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, representative or private attorney general action or proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class or representative proceeding, except as described in section 27.6. You and we waive any right to a jury trial.

27.6 Mass arbitration

If 25 or more similar demands for arbitration are filed against us or by us by or with the help of the same or coordinated counsel or organizations (a "Mass Filing"), then: (a) the AAA's Mass Arbitration Supplementary Rules apply; (b) the parties' counsel will select 10 demands (5 chosen by each side) to proceed first as bellwether arbitrations, while the remaining demands are held, with no fees due for them, and statutes of limitations paused; (c) after the bellwethers are decided, the parties will mediate the remaining demands in good faith for 90 days using the bellwether results; and (d) if they are not resolved, the remaining demands will be administered in batches of up to 100, each batch decided by a single arbitrator in a single proceeding, with one set of fees per batch. A court may enforce this subsection, including by enjoining the filing or prosecution of demands that don't follow it. If this subsection is found unenforceable as applied to a Mass Filing, the Mass Filing will be decided in court in Hillsborough County, Florida under section 28, and not in arbitration.

27.7 Your right to opt out

You can opt out of this arbitration agreement by emailing support@onradarsocial.com or writing to Radar Social LLC, Attn: Arbitration Opt-Out, 2406 E State Road 60 Unit 1723, Valrico, FL 33595, within 30 days after you first agree to these Terms. Your notice must include your name, the phone number on your account, and a clear statement that you want to opt out of arbitration. Opting out doesn't affect any other part of these Terms or any earlier arbitration agreement you made with us. If you opt out, section 28 governs where disputes are heard.

27.8 Changes and severability

If we change this section after you agreed to it, you can reject the change by writing to us within 30 days after it takes effect; in that case, the version you last agreed to continues to apply. If the class action waiver in section 27.5 is found unenforceable for any claim, then that claim (and only that claim) must be severed and brought in court under section 28, and the court proceeding will be paused until the individual arbitration of the remaining claims is complete. If any other part of this section is found unenforceable, the rest still applies. This section survives the end of your account and these Terms.

28. Governing law and venue

These Terms and any Dispute are governed by the laws of the State of Florida and applicable US federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules. For any Dispute not subject to arbitration, you and we agree to the exclusive jurisdiction and venue of the state courts located in Hillsborough County, Florida, or the United States District Court for the Middle District of Florida, Tampa Division, and waive any objection to those courts based on personal jurisdiction, venue or inconvenient forum.

29. Time limit to bring claims

To the fullest extent permitted by law, any claim or cause of action arising out of or relating to the Service or these Terms must be filed within one year after it arose, or it is permanently barred. If the law doesn't allow a one-year limit for your claim, the shortest period the law allows applies.

30. Changes to the service and these terms

We may change, add, suspend or remove any part of the Service, including features, cities and availability, at any time, with or without notice, and without liability to you.

We may update these Terms. If a change is material, we'll give you notice before it takes effect, for example in the app, by push notification, by text or by email, and we'll update the "Last updated" date above. Changes apply going forward. If you keep using the Service after the effective date, you accept the updated Terms. If you don't agree, stop using the Service and delete your account. Section 27.8 governs changes to the arbitration agreement.

31. Termination and survival

These Terms apply until your account is deleted or terminated, and then continue to apply to any later use of the Service. Sections that by their nature should survive will survive the end of your account or these Terms, including sections 3 (screening), 4, 5, 7 through 9, 12 (license to Your Content, as described), 13, 14, 15 (our ownership), 16, 19 (no refunds), 20 (no compensation), 21 through 29, 31 and 32.

32. General terms

• Entire agreement. These Terms, the Community Guidelines, the Privacy Policy and any terms we show for a specific feature are the entire agreement between you and us about the Service and replace any earlier agreements on that subject.
• Severability. If any provision is found unenforceable, it will be enforced to the maximum extent possible, and the rest of these Terms stays in full force, except as section 27 says otherwise.
• No waiver. If we don't enforce a provision, that doesn't waive our right to enforce it later. A waiver must be in writing and signed by us.
• Assignment. You may not assign or transfer these Terms or your rights under them without our written consent. We may assign or transfer them, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization or sale of assets.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, hurricanes, floods, fire, pandemics, war, terrorism, civil unrest, labor disputes, government action, power, internet or telecommunications failures, failures of service providers, or cyberattacks.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and us.
• No third-party beneficiaries. Except for Apple as described in section 21 and the Radar Social LLC Parties under sections 23 to 26, no one else has rights under these Terms.
• Notices. We may give you notice in the app, by push notification, by text, or by email to the contact details on your account. You must send legal notices to us in writing at the address below, with a copy by email.
• Interpretation. Headings are for convenience only. "Including" means "including without limitation". These Terms will not be construed against the drafter.
• US only. We control and operate the Service from the United States and make no claim that it is appropriate or available elsewhere.
• California users. Under California Civil Code § 1789.3, California users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.
• Your legal rights. Nothing in these Terms limits any right you have under a law that can't be waived or limited by contract.