Shroomy Terms of Service

These Terms of Service are a binding contract between you and Austin, Herne, and Tenca LLC DBA Shroomy (“we”, “us”, “our”). It contains the rules and restrictions that govern your use of Shroomy's products and services. Please read these Terms carefully. If you have any questions, comments, or concerns regarding these Terms or our products and services, please contact us at legal@shroomy.app.

We agree to provide you with Shroomy's products and services. This includes Shroomy's features, applications, technologies, services, and software that are designed to offer a digital experience where people learn and grow through experientially connecting with and cultivating functional mushrooms.

In return, we require you that agree to these Terms. These Terms include everything in this document, as well as those in the Privacy Policy and Community Guidelines. These Terms will remain in effect while you use Shroomy. If you do not agree to all of the following, you may not use or access Shroomy in any manner.

You represent and warrant that you are of legal age to form a binding contract.

Your Grow Journal, Creating an Account

On Shroomy, you are required to sign up for an account and select a password. You promise to provide us with accurate, complete, and up-to-date registration information about yourself, which may include providing personal data. To access our services, you will need to maintain and update the data in your Grow Journal. You agree that Shroomy may use the data you provide in order to provide Shroomy's products and services.

You agree that you will only use Shroomy for your own personal or organizational use, and not on behalf of or for the benefit of any third party. If you are agreeing to these Terms on behalf of an organization or entity, you promise that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms. You may not transfer your account to anyone else without our prior written permission. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Shroomy reserves the right to refuse registration of or cancel a Shroomy account name at its discretion.

Uploading Content on Shroomy

You own your data and your content. We will never sell your data, or your content, or any information about you. We do not claim ownership of any of the content you enter on the Shroomy app. You are free to share your content with anyone else. Anything uploaded, shared, stored, or otherwise provided through Shroomy and in your Grow Journey is referred to as an “Entry” or “Entries” in these Terms.

There are a few rules that apply to all users:

1. Limited License to Us: In order to use Shroomy's services and to allow other users access to your data when you want to share your content with someone else, you grant us certain rights in your Grow Journal and your Entries:
   1. Operating Shroomy: You hereby grant Shroomy a license to host, use, modify, copy, distribute, display, and process your data (consistent with your privacy and application settings) and otherwise act with respect to your content to enable us to provide, improve, and notify you about new features within Shroomy. You understand and agree that we may need to make changes to your Grow Journal and Entries to conform and adapt those to the technical requirements of networks, devices, services, or media, and this license includes the rights to do so.
   2. Public Posts/Sharing Your Grow Journal/Entries: If you share your Grow Journal or an Entry with other users on Shroomy, then you grant us the license above. Also, you grant all other users of Shroomy a license to access your Grow Journal or Entry, and to use and exercise all rights in it, as permitted by the functionality of Shroomy.
   3. Term of License: You agree that the licenses you grant are royalty-free, perpetual, irrevocable, and worldwide. This is a license only - your ownership in your content is not affected.
2. Prohibited Uses/Illegal Content: You may only use Shroomy for lawful purposes and in accordance with these Terms and the Community Guidelines. You agree not to use Shroomy:
   1. In any way that violates any applicable federal, state, local or international law or regulation.
   2. For the purpose of exploiting, harming or attempting to exploit or harm minors in any way or by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
   3. To post someone else's private or confidential information without permission or do anything that violates someone else's rights, including intellectual property rights.
   4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Community Guidelines or these Terms.
3. Monitoring, Enforcement and Termination: We reserve the right to:
   1. Remove or block any content or information shared on Shroomy at any time, for any reason (including if someone alleges you contributed that content in violation of these Terms), in our sole discretion, and without notice, if we believe it violates these Terms, our policies, or our Community Guidelines.
   2. Terminate or suspend access to your use of Shroomy, or your account, for any reason at our discretion. We will try to provide advanced notice to you prior to terminating your account, but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of Shroomy.
   3. Immediately stop providing all or part of Shroomy's services to you to protect our services and our community, if you violate these Terms of Use, or any policies, including our Community Guidelines.
   4. Take appropriate legal action, including cooperation or referral to law enforcement for any illegal or unauthorized use.
   5. If you believe your account or any content was deleted in error, or if you want to delete your account, email support@shroomy.app.
4. Process for Reporting and Removing Content:
   1. To report content that violates these Terms of Service or Shroomy's Community Guidelines, email abuse@shroomy.app.
   2. Shroomy allows you to delete your account at any time. If you would like to delete your account, email support@shroomy.app. When you delete your account, any Entries associated with that account will also be deleted.

You understand and agree that it may not be possible to completely delete your content from Shroomy's records or backups, and that your Grow Journal and Entries may remain viewable elsewhere to the extent that they were copied or stored by other users. Please refer to our Privacy Policy to understand how we treat information you provide to us after you have stopped using Shroomy.

You agree that some of the obligations in these Terms will be in force even after you terminate your account. All of the following terms will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, terms regarding disputes between us, and any other terms that, by their nature, should survive termination of these Terms.

If you have deleted your account by mistake, contact us immediately at support@shroomy.app - we will try to help, but unfortunately, we cannot promise that we can recover or restore anything.

You are solely responsible for maintaining the confidentiality of your password, computer and mobile device. You accept responsibility for all activities that occur under your account. We use reasonable security measures to protect unauthorized access to your account. We cannot guarantee absolute security of your account.

Intellectual Property

You understand that we own Shroomy. These Terms don't grant you any right, title or interest in Shroomy, or our trademarks, logos, and other intellectual property.

Acceptable Use Policy

You are responsible for all your activity in connection with Shroomy! Make sure that you use Shroomy in a manner that complies with the law. If your use of Shroomy is prohibited by applicable laws, then you are not authorized to use Shroomy. We cannot and will not be responsible for you using Shroomy in a way that breaks the law.

You also agree that you will not post or upload any Entry or otherwise use Shroomy in a manner that:

1. In any way violates Shroomy's Community Guidelines;
2. Contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
3. Infringes any patent, trademark, trade secret, copyright, or other intellectual property rights of other rights of any other person.
4. Promotes any illegal activity, or advocates, promotes or assists in any unlawful act.
5. Involves commercial activities or sales.
6. Jeopardizes the security of your Shroomy account or anyone else's (such as allowing someone else to log into Shroomy as you, or sharing your account or password with someone);
7. Attempts, in any manner, to obtain the password, account, or other security information of any other user;
8. Violates the security of any computer network, or cracks any passwords or security encryption codes;
9. Runs Maillist, Listserv, any form of auto-responder or “spam” on Shroomy, or any processes that run or are activated while you are not logged into Shroomy, or that otherwise interferes with the proper working of Shroomy (including placing an unreasonable load on Shroomy's infrastructure);
10. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of Shroomy (through use of manual or automated means);
11. Copies or stores any significant portion of the content on Shroomy; and
12. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to Shroomy.

Other Users on Shroomy

Your interactions with organizations and individuals found on or through Shroomy, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and individuals. You agree that Shroomy is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. We cannot guarantee the identity of any users with access to Shroomy and are not responsible for which users gain access to our products and services.

Third-Party Content

Shroomy may contain links or connections to third party websites or services that are not owned or controlled by us. Shroomy has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites. You release and hold us harmless from any and all liability arising from your use of any third-party website or service.

In the event that you have a dispute with one or more other users of Shroomy or with a third party, you release us, our officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Shroomy.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Shroomy, its licensors, or its suppliers be liable to you or to any other person for:

1. Any indirect, special, incidental, or consequential damages of any kind, or
2. Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Shroomy in the twelve-month period preceding the applicable claim.

No Warranties

Shroomy is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Shroomy will be uninterrupted or error-free. Accordingly, we do not make any representations or warranties about any content contained in or accessed through Shroomy, and we will not be responsible for the accuracy, copyright compliance, legality, or decency of material contained on our products and services.

Privacy on Shroomy

Shroomy takes your privacy very seriously. For the current Shroomy Privacy Policy, please click here.

The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Shroomy or send any personal information about yourself to us. If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at abuse@shroomy.app.

Changes to Shroomy

We are always trying to improve Shroomy, so our products and services may change over time. We may suspend or discontinue any part of Shroomy, or we may introduce new features or impose limits on certain features or restrict access to parts or all of Shroomy. We will try to give you notice when we make a material change to Shroomy that would adversely affect you, but this is not always possible or practical.

Changes to the Terms

We are constantly trying to improve our products and services, so these Terms may need to change along with Shroomy. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the application, by sending you an email, and/or by some other means.

If you do not agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Shroomy. If you use Shroomy in any way after a change to the Terms is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

Violations of the Terms

Failure to follow any of these Terms shall constitute a breach of these Terms, which may result in immediate termination of your account. Shroomy has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Miscellaneous Terms

The above covers most of the questions that we typically receive about Shroomy. We have grouped provisions that come up less frequently below:

1. Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Shroomy, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of Shroomy (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
2. Assignment: You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Shroomy account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
3. Choice of Law: These Terms are governed by and will be construed under applicable federal law and the laws of the State of Colorado, without regard to the conflicts of laws provisions thereof.
4. Negotiation and Mediation; Arbitration and Class Action Waiver: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Boulder County, Colorado, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, you and Shroomy shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, you consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Boulder County, Colorado. The prevailing party in any action or proceeding arising out of these Terms will be entitled to an award of costs and attorneys' fees. To the fullest extent permitted by law, you and Shroomy agree that all claims against the other can only be brought in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or other representative proceeding. We agree that arbitrators may not conduct any class, consolidated, or representative proceeding, and are limited to providing relief warranted by an individual party's claim.
5. No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under these Terms.
6. No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Shroomy Inc., and you do not have any authority of any kind to bind us in any respect whatsoever.
7. Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
8. Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
9. Entire Agreement: You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.