Terms of Use

1. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Services. The Services are offered to users in the United States and by invitation only. By using the Services, you represent that you meet these requirements and that the information you provide is accurate.

2. Invitations and account

• Invite-only access. Beenlist is a private network. Access requires a valid invitation, and we may limit, condition, or revoke invitations and access at our discretion.
• Your account. You are responsible for the activity under your account and for keeping your login (for example, Sign in with Apple or your phone number) secure. Notify us promptly at support@beenlist.com of any unauthorized use.
• Invites you send.When you invite others, you confirm you have a personal relationship with them and a reasonable basis to believe they want the invitation. Do not use invitations to spam, harass, or contact people who don’t know you.
• One person, one account. Accounts are personal to you and may not be shared, sold, or transferred.

3. License to use the Services

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the App on an Apple-branded device you own or control, and to use the Services, for your own personal, non-commercial use. We reserve all rights not expressly granted.

4. Your content

• You own your content.“Your Content” means the trips, photos, videos, ratings, notes, captions, messages, and other material you submit to the Services. As between you and Beenlist, you retain ownership of Your Content.
• License to us. You grant Beenlist a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to resize or transcode), and display Your Content solely to operate, provide, secure, and improve the Services, including showing it to the people you choose to share it with. This license is limited to running the Services; we do not sell Your Content or use it for third-party advertising. The license ends when you delete Your Content or your account, except for (a) content others have already saved or received, (b) reasonable backup copies that age out, and (c) de-identified or aggregated data.
• Your responsibilities. You represent that you have the rights to submit Your Content and that it does not violate these Terms or any law or third-party right (including privacy, publicity, and intellectual-property rights). Be thoughtful about posting information about other people; only tag or describe others in ways that are truthful and that you have a basis to share within your private network.
• Feedback. If you send us suggestions or feedback, you grant us a perpetual, royalty-free license to use it without obligation to you.

5. Community rules and acceptable use

Beenlist works because people trust each other. You agree not to:

• Post content that is unlawful, fraudulent, defamatory, harassing, hateful, threatening, obscene, or that infringes others’ rights;
• Misrepresent who you are, impersonate others, or fake the authenticity of a recommendation or your travel history;
• Collect, scrape, or harvest other users’ information, or use the Services to build a competing dataset;
• Use the find-friends, invite, or messaging features to spam or harass;
• Upload malware, attempt to breach security, probe or test the vulnerability of the Services, or circumvent access controls or rate limits;
• Reverse engineer, decompile, or attempt to extract source code, except to the extent this restriction is prohibited by law;
• Use bots or automated means to access the Services, or interfere with their operation; or
• Use the Services to violate any law or the rights of others.

We may remove content, and limit, suspend, or terminate accounts, that we reasonably believe violate these rules.

6. Reporting and moderation

You can flag or report content and users. We review reports through human moderation and may take action at our discretion, but we do not promise to review all content and are not responsible for user content. Beenlist is a platform for personal recommendations between people who know each other; recommendations are personal opinions, not professional advice, and we do not endorse or guarantee any place, business, host, or recommendation.

7. Privacy and permissions

Your use of the Services is also governed by our Privacy Policy, which explains what we collect and how we use it. You control device permissions (location, contacts, photos, notifications) and can enable Local-Only mode at any time. You agree to use contacts and other people’s information only as the Services allow and as the Privacy Policy describes.

8. Third-party services and links

The Services rely on and may link to third-party services (for example, Apple, mapping and place-data providers, and, in the future, travel-booking partners). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services, and any dealings you have with them are between you and that third party. If affiliate booking links are enabled in the future, Beenlist will display the required affiliate disclosures.

9. Beenlist intellectual property

The Services, including the software, design, text, graphics, logos, and the “Beenlist” name and marks, are owned by Beenlist or its licensors and are protected by intellectual property laws. Except for the limited license in Section 3, these Terms do not grant you any rights in our intellectual property.

10. No payments at this time

The Services are provided free of charge and do not include in-app purchases, payments, or cash rewards. Any loyalty or reward credits we may offer in the future are non-monetary, closed-loop credits with no cash value, and we will provide additional terms before any such feature launches.

11. Beta / pre-release

Parts of the Services may be offered as a closed beta or pre-release. Beta features are provided “as is,” may change or be withdrawn, may contain bugs, and may not be as reliable as a general release. We may collect feedback and usage data to improve them as described in the Privacy Policy.

12. Suspension and termination

You may stop using the Services and delete your account at any time. We may suspend or terminate your access, with or without notice, if you violate these Terms, if we reasonably believe it is necessary to protect the Services or other users, or if we discontinue the Services. On termination, the license in Section 3 ends; Sections that by their nature should survive (including Sections 4 (license to us), 9, 13–18) will survive.

13. Disclaimers

The Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, secure, or that any content, place information, or recommendation is accurate, reliable, or suitable for your needs. You are responsible for your own travel decisions and safety. Some jurisdictions do not allow certain warranty exclusions, so some of these may not apply to you.

14. Limitation of liability

To the fullest extent permitted by law, Beenlist and its officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Services.

To the fullest extent permitted by law, Beenlist’s total liability for all claims relating to the Services will not exceed the greater of the amount you paid us in the 12 months before the claim or US $100.

These limits apply even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

15. Indemnification

To the extent permitted by law, you agree to indemnify and hold harmless Beenlist and its officers, employees, and agents from any claims, damages, liabilities, and reasonable expenses (including attorneys’ fees) arising out of your Content, your use of the Services, your violation of these Terms, or your violation of any law or third-party right.

16. Dispute resolution; arbitration; class-action waiver

Please read this section carefully, it affects how disputes are resolved.

• Informal resolution first. Before filing a claim, you agree to contact us at legal@beenlist.com and try to resolve the dispute informally for at least 30 days.
• Binding arbitration. Except for the exceptions below, any dispute arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its applicable rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision.
• Class-action waiver.You and Beenlist agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
• Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive relief in court for intellectual-property misuse or unauthorized access.
• Opt-out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing legal@beenlist.com with your name and a clear statement that you opt out. Opting out does not affect the rest of these Terms.

17. Governing law

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. Subject to Section 16, the state and federal courts located in Travis County, Texas will have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction.

18. Apple App Store terms

These additional terms apply because you obtained the App through the Apple App Store:

• These Terms are between you and Beenlist only, not with Apple. Apple is not responsible for the App or its content.
• The license in Section 3 is limited to use on Apple-branded devices you own or control, as permitted by the App Store Usage Rules.
• Apple has no obligation to provide maintenance or support for the App.
• If the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation for the App.
• Apple is not responsible for addressing any claims relating to the App, including product-liability, legal/regulatory, or consumer-protection claims, or third-party claims that the App infringes intellectual-property rights.
• You represent that you are not located in a country subject to a U.S. embargo or designated as a “terrorist supporting” country, and that you are not on any U.S. restricted-party list.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the “Last updated” date and provide notice in the App or by other reasonable means. Your continued use of the Services after an update means you accept the revised Terms. If you don’t agree, stop using the Services and delete your account.

20. General

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Beenlist about the Services.
• Severability. If any provision is found unenforceable, the rest remains in effect.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

21. Contact