Ontaym Terms of Service

Welcome to Ontaym. These Terms of Service ("Terms") govern your access to and use of Ontaym's website, applications, services, features, and related products (collectively, the "Service").

By creating an account, accessing, or using Ontaym, you agree to these Terms and our Privacy Policy. If you do not agree with these Terms, you may not use the Service.

1. About Ontaym

Ontaym convenes small groups of people who do not already know each other. A gathering on Ontaym is called a "Meet": six to twelve people, in one city, at a stated date and time, at a public meeting place Ontaym selects for the group.

A Meet is confirmed once six members have activated Premium for it. Six is the number Ontaym commits to: once it is reached the Meet goes ahead, and Ontaym does not hold it back waiting for more people.

Ontaym is the organizer of every Meet. You do not create, publish, host or organize gatherings on Ontaym, and Ontaym does not provide tools for you to do so.

What you do on Ontaym: • Browse the Meets that are open, and the dates and cities where a Meet can be opened • Ask for one - tell Ontaym you want a particular kind of Meet, in a particular city, on a particular date. Enough people asking is what causes Ontaym to open it • Take a place in a Meet, and give up a place you can no longer use • Keep a profile, and receive the venue address and the reminders for the Meets you hold a place in • Connect a calendar or other third-party service, if you choose to

Asking for a Meet is a signal, not a booking, and it does not make you its organizer. Ontaym decides whether a Meet opens at all, how large the group is, whether it is confirmed, and where it is held. Section 4A sets out how that works and what Ontaym is and is not responsible for.

2. Eligibility

You must be at least 18 years old to create or use an Ontaym account, and 18 is the minimum age for every Meet and every meeting on Ontaym.

Ontaym does not set a higher minimum than that. Ontaym brings a small group of people together at a time and place; it does not choose, organize or supervise what the group does once it has met. Because Ontaym does not decide that, it does not impose age limits that belong to particular activities. If a group decides on something that carries its own legal age limit, that limit sits between the group and whoever provides it, and each person is responsible for their own compliance with it.

By using Ontaym, you represent that: • You are at least 18 years old; • You have the legal capacity to enter into these Terms; • The information you provide is accurate and current; and • You will comply with all applicable laws and regulations.

We may restrict or terminate accounts that do not meet these requirements.

3. Your Account

Certain features require you to create an account.

You may register using available authentication methods, which may include email or supported third-party authentication providers such as Google.

You are responsible for: • Providing accurate account information; • Maintaining the security of your account; • Keeping your authentication credentials confidential; • All activity occurring through your account; and • Immediately notifying us if you believe your account has been compromised.

You must not create an account using another person's identity or intentionally provide misleading information.

4. What Ontaym Does Not Control

Ontaym organizes Meets. It does not control the people who come to them, the venues that receive them, or the third parties involved in getting you there.

Ontaym does not guarantee that: • The people who take a place will attend, or that any particular person will be there; • Participants will behave appropriately; • A venue will be available, will admit or seat you, or will honor its own stated prices, opening hours or policies; • A third-party service - transport, payment, mapping, calendar, or any other - will perform as expected; or • Any particular outcome will occur.

You should independently verify anything that matters to you before you travel to a Meet, particularly prices, opening hours, transportation, accessibility and safety.

Where Ontaym itself is responsible - opening a Meet, confirming it, choosing the venue, telling you where to go - Section 4A says so, and this section does not cut that back.

4A. Ontaym Meets

A Meet is the only kind of gathering on Ontaym, and Ontaym is its organizer.

How a Meet works: • Ontaym publishes a plan - a kind of gathering, a city, a date and a time - before any venue is booked and before anyone has committed. It does that on its own schedule, or because enough people asked for that kind of Meet in that city on that date; • Asking for a Meet costs nothing, commits you to nothing, and does not guarantee that Ontaym will open it; • You say you are interested, or take a place, at no per-meet charge; • When enough people have taken a place, Ontaym confirms the Meet, chooses the venue, and releases the address to members who hold a place; • If not enough people take a place by the stated deadline, the Meet does not happen. We tell everyone who held a place or expressed interest.

What Ontaym does for a Meet: sets the group size, decides whether the Meet is confirmed, selects the venue, arranges for the group to be expected there, sends you the address, and provides a host at the meet where one is stated.

What Ontaym does not promise, and you should not assume: • That any particular Meet will reach its minimum and be confirmed; • That the people who take a place will attend, or that any specific person will be there; • That you will enjoy the group, the venue, or the evening; • That the venue will serve you, seat you at a particular time, or admit you if you do not meet its own entry requirements, including age; • That a Meet will not be cancelled, moved, or re-timed after confirmation. Where that happens we notify everyone holding a place as soon as we know.

Food, drink, entry fees, transport and anything else you buy at or on the way to a Meet are yours to pay for and are not included in membership. Ontaym is not the venue, the caterer, or the seller of anything consumed there, and does not control how the venue treats you.

Taking a place is a commitment to other people, not to us. Ontaym records late cancellations and no-shows and may limit how many places you can hold, or stop offering you places, if you repeatedly fail to appear. That record is not a fee and is not charged to you; it exists because eight people arranged an evening around your seat.

You attend a Meet at your own risk, among people Ontaym has not met and does not vouch for. Use the same judgement you would use meeting anyone new: tell someone where you are going, meet in the public space we name, and leave if you are uncomfortable. Report anything that concerns you through the report control on the Meet; we act on reports, and can remove people from Meets and from Ontaym.

5. User-Provided Information and Content

You may submit information to Ontaym - your profile, a photograph, a short description of yourself, a request for a Meet, messages, reports and feedback ("User Content").

You remain responsible for the User Content you submit.

You represent that you have the necessary rights and permissions to submit and use that content and that your content does not violate applicable law or the rights of another person or business.

You must not submit content that is: • False, fraudulent, or deliberately misleading; • Illegal or unlawful; • Abusive, threatening, or harassing; • Infringing of intellectual property or other rights; • Designed to distribute spam or malicious software; • Intended to impersonate another person or organization; or • Otherwise prohibited by these Terms.

By submitting User Content to Ontaym, you grant Ontaym a non-exclusive, worldwide, royalty-free license to host, store, reproduce, display, distribute, modify where technically necessary, and otherwise use that content solely as reasonably necessary to operate, provide, maintain, improve, and promote the Service.

You retain ownership of your User Content.

6. Venue and Place Information

Ontaym may display information about venues, businesses, locations, and other places.

Much of that information comes from third-party sources and has not been verified by Ontaym.

A venue appearing on Ontaym does not mean the venue has registered with, approved, endorsed or partnered with Ontaym. Where Ontaym has arranged for a group to be expected at a venue for a confirmed Meet, the Meet page says so; everywhere else, no arrangement should be assumed.

You should confirm anything that matters to you directly with the venue.

Ontaym does not guarantee the accuracy, completeness, availability, pricing, opening hours, services, policies, or other information relating to any venue or business.

7. Communications

Ontaym may allow you to communicate with the people in a Meet you hold a place in, with a host, and with Ontaym support.

You must only use these features for legitimate purposes. Ontaym does not provide a general invitation or contact-import feature, and you must not use the communication features as one.

You must not use Ontaym to: • Send unsolicited or abusive communications; • Conduct spam campaigns; • Harass or intimidate another person; • Distribute deceptive or fraudulent content; • Collect personal information without authorization; or • Circumvent restrictions imposed by Ontaym.

We may limit, block, or suspend communications or accounts that violate these requirements.

8. Acceptable Use

You agree not to: • Use Ontaym for unlawful purposes; • Attempt to gain unauthorized access to another account or system; • Circumvent security or access controls; • Interfere with the operation of the Service; • Introduce malware, viruses, or other harmful code; • Scrape or systematically collect information from Ontaym without permission; • Reverse engineer or attempt to extract source code except where permitted by law; • Impersonate another person or organization; • Use Ontaym to commit fraud; • Abuse messaging, reporting, or other platform functionality; • Hold or request places you do not intend to use, or ask for Meets on behalf of accounts you control in order to force one open; or • Use the Service in a manner that could harm Ontaym or its users.

We may investigate suspected violations and take appropriate action, including removing content, restricting functionality, suspending accounts, or terminating accounts.

9. Membership

Ontaym is free to browse. You can see every Meet forming in your city, say you are interested, and take a place without paying anything.

Membership is what releases the address. When a Meet is confirmed, the venue and its address are shown to members. Membership also carries any other benefits described on the membership page at the time you subscribe.

Membership is a subscription to Ontaym, not a ticket to any particular Meet. We never charge you for an individual Meet, and taking a place is never a purchase. It follows that: • Your membership fee does not change with how many Meets you attend, including none; • A Meet that does not reach its minimum, or that is cancelled, is not a refundable purchase: your event credit returns to your Ontaym account in full rather than to your card. What Ontaym does first is move you: a Meet that misses its minimum by its decision time is postponed rather than cancelled, your place is carried to the next suitable Saturday in your city, your membership keeps running, and Ontaym may extend your membership period to make up for the wait; • Ending your membership does not cost you a place you already hold, but you will stop seeing addresses.

Membership is offered monthly or annually. The price, the billing period and what is included are shown before you subscribe, and the amount you will be charged is shown on the payment page itself.

Unless stated otherwise: • Membership renews automatically at the end of each billing period at the then-current price for that period; • You authorise our payment provider to charge that amount; • You may cancel at any time, and cancellation takes effect at the end of the period you have already paid for - you keep your membership until then; • Cancelling does not by itself refund the remainder of the current period.

Event credits, cancellation and refunds. A place at a Meet is paid for with an event credit held on your Ontaym account. Event credits are non-refundable to your card or original payment method. What a cancellation changes is whether the credit comes back to your account: • Cancel 24 hours or more before the Meet starts and the credit returns to your Ontaym account in full, ready to use on another Meet; • Cancel less than 24 hours before the Meet starts and the credit is used up and is not returned; • If you do not turn up, the credit is used up and is not returned; • If Ontaym or the organiser cancels the Meet, the credit returns to your Ontaym account in full, whenever that happens. The deadline is calculated from that Meet’s own scheduled start time and is shown to you before you take the place and again before you confirm a cancellation. There is one deadline and one outcome either side of it - there are no partial refunds.

Refunds. Payment for an event credit is final. We do not offer a general change-of-mind refund and we do not return payments to your card or original payment method; an unused credit simply stays on your Ontaym account and does not expire. We will refund where a technical fault on our side made a credit unusable and we could not resolve it, and in any case where refusing would breach a right you have under mandatory local law that cannot be waived. If you are in a jurisdiction granting a statutory cancellation or withdrawal period for online purchases, that right applies to you regardless of anything in this section. Ask us at legal@ontaym.com and we will tell you where you stand.

We may change the price or what membership includes. Where we do, we will give you notice before the change takes effect for you, and a price rise never applies to a period you have already paid for. If you do not want to continue at the new price, cancel before your next renewal.

10. Payments and Who You Are Buying From

Ontaym memberships are sold through Freemius, Inc., which acts as our merchant of record. This is worth understanding, because it decides who you are contracting with for the payment itself.

It means that: • Freemius, not Ontaym, is the seller of record for your membership. Your card statement will show Freemius, or a descriptor Freemius sets, rather than Ontaym; • Freemius handles the payment, calculates and remits any sales tax or VAT due on it, and issues your invoice or receipt; • Freemius, not Ontaym, holds your payment-card details. Ontaym never receives or stores your full card number. We are told that a subscription started, renewed, or ended, and for which account - nothing more; • Freemius' own terms and privacy policy apply to the payment, alongside these Terms. Where the two differ on the payment itself, theirs governs that transaction.

Your relationship with Ontaym - your account, your places in Meets, what membership unlocks, and everything else in these Terms - is with Ontaym, Inc. and is governed by these Terms.

If a payment fails, is reversed, or is charged back, we may suspend the benefits of membership until it is resolved. A chargeback raised instead of a cancellation may also result in the account being closed.

On mobile, a membership bought through the Apple App Store or Google Play is billed by that store under its own rules, and refunds and cancellations for it are handled by that store rather than by us or by Freemius.

11. Third-Party Services and Integrations

Ontaym may integrate with or link to third-party services, including calendar, authentication, mapping, payment, hosting, communication, and other services.

Examples may include Google, Apple, Microsoft, payment providers, mapping providers, and other third-party platforms.

When you connect a third-party service, you authorize Ontaym to interact with that service as necessary to provide the requested functionality, subject to the permissions you grant and the applicable third party's policies.

Third-party services are controlled by their respective providers. Ontaym is not responsible for their availability, accuracy, security, policies, or performance.

12. Calendar Synchronization

Where supported and authorized by you, Ontaym may create, update, or otherwise synchronize calendar entries with connected calendar services.

Calendar synchronization depends on third-party systems and permissions.

Ontaym does not guarantee that calendar information will always synchronize correctly or immediately.

You remain responsible for checking your calendar and meeting details, particularly when a meeting is important or time-sensitive.

13. Intellectual Property

The Service, including its software, design, branding, logos, interfaces, graphics, text, functionality, and other original materials, is owned by or licensed to Ontaym and is protected by applicable intellectual property laws.

Except as expressly permitted by these Terms, you may not copy, reproduce, modify, distribute, sell, lease, publicly display, or create derivative works from Ontaym's proprietary materials.

"Ontaym" and related logos, names, and branding are trademarks or other proprietary assets of Ontaym or their respective owners.

Nothing in these Terms transfers ownership of Ontaym's intellectual property to you.

14. Privacy

Your use of Ontaym is also governed by our Privacy Policy, which explains how we collect, use, store, and process information.

Please review the Privacy Policy before using the Service.

15. Account Suspension and Termination

You may stop using Ontaym at any time and may delete your account where the functionality is available.

We may suspend or terminate your account, restrict access to features, or remove content if we reasonably believe that: • You violated these Terms; • You violated applicable law; • Your activity creates a security or operational risk; • Your activity may harm other users or Ontaym; or • Your account is being used for fraudulent, abusive, or unauthorized purposes.

Where reasonably appropriate, we may provide notice before taking action. However, we may act immediately when necessary to protect users, the Service, or our legal rights.

Sections that by their nature should survive termination will continue to apply after your account is closed.

16. Service Availability

We aim to keep Ontaym available and reliable, but we do not guarantee uninterrupted or error-free operation.

The Service may occasionally be unavailable because of: • Maintenance; • Updates; • Technical failures; • Network problems; • Cybersecurity incidents; • Third-party service failures; • Events beyond our reasonable control; or • Other operational circumstances.

We may modify, suspend, discontinue, or replace parts of the Service from time to time.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ONTAYM IS PROVIDED "AS IS" AND "AS AVAILABLE."

We do not guarantee that the Service will always be accurate, available, secure, uninterrupted, or free from errors.

We do not guarantee the accuracy or reliability of information submitted by users or obtained from third parties.

Ontaym organizes Meets. Nothing in this section cuts back what Section 4A says Ontaym does. But organizing a Meet is not a warranty about the people in it: we do not guarantee the conduct, identity, reliability, availability or performance of the members who attend, of the venues that receive them, or of any other third party.

You attend a Meet at your own discretion and risk, among people Ontaym has not met and does not vouch for.

18. Limitation of Liability

To the maximum extent permitted by applicable law, Ontaym and its affiliates, officers, employees, contractors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or related to your use of the Service.

This includes, without limitation, losses resulting from: • Missed or incorrectly scheduled meetings; • Calendar synchronization failures; • Venue closures or changes; • Cancellations; • User conduct; • Third-party services; • Inaccurate user-provided information; • Network or technical failures; or • Unauthorized access resulting from circumstances outside our reasonable control.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

19. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Ontaym and its affiliates, officers, employees, contractors, and service providers from claims, liabilities, damages, losses, and expenses arising out of or relating to: • Your violation of these Terms; • Your User Content; • Your unlawful or unauthorized use of the Service; • Your violation of another person's rights; or • Your meetings, events, activities, or interactions with other users or third parties.

20. Changes to These Terms

We may update these Terms from time to time.

When we make material changes, we may provide notice through the Service, by email, or by another reasonable method before the changes take effect, where required by applicable law.

The updated Terms will include a revised "Last Updated" date.

Your continued use of Ontaym after the effective date of updated Terms constitutes acceptance of the revised Terms to the extent permitted by applicable law.

21. Governing Law

Ontaym, Inc. is incorporated in the State of Delaware, United States.

These Terms, and any dispute arising out of them or out of your use of Ontaym, are governed by the laws of the State of Delaware and the federal laws of the United States that apply there, without regard to conflict-of-laws rules. The courts located in the State of Delaware have jurisdiction, and you and Ontaym each consent to that jurisdiction.

That choice does not take away rights you have where you live. If the consumer-protection law of your own country or state gives you a right that cannot be waived by agreement - a statutory cancellation period, a guarantee that cannot be excluded, a right to bring a claim in your local courts - you keep it, and nothing in these Terms is read as removing it.

Meets take place in the physical world, and local law applies to them wherever they happen: licensing and drinking-age rules, venue rules, and public-order law of the city the Meet is in.

22. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

23. Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly incorporated into the Service, constitute the agreement between you and Ontaym regarding your use of the Service.

If there is a conflict between these Terms and additional terms presented for a specific feature, the specific feature terms will control to the extent of that conflict.

24. Contact Us

If you have questions, concerns, or legal notices relating to these Terms, please contact:

Ontaym, Inc. (a Delaware corporation) Email: legal@ontaym.com

For a question about a payment, a renewal, an invoice or a refund, you can also contact Freemius, our merchant of record, who processed it. Writing to us works too - we will take it up with them.

To report something that happened at a Meet, or someone who attended one, use the report control on that Meet so it reaches us with the context attached. Anything urgent, or anything involving immediate danger, should go to the local emergency services first.