Please read these Terms of Use ("Terms") carefully. They are a binding contract between you and 20Spokes, Inc. ("Gethery," "we," "us," or "our") and govern your access to and use of gethery.com, our mobile applications, and any related services (collectively, the "Service").
By creating an account, accessing, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Section 15 (Limitation of Liability) limits our liability to you. Section 17 (Dispute Resolution) requires most disputes to be resolved by binding individual arbitration and waives your right to a jury trial and to participate in a class action. Please read them carefully.
1. The Service
Gethery is a service operated by 20Spokes, Inc. "Gethery" is a product name, not a separate legal entity; 20Spokes, Inc. is the company that contracts with you under these Terms.
Gethery provides a private directory and communication platform that allows organizations — such as schools, parent groups, clubs, teams, and nonprofits (each, an "Organization") — to give their members a way to find one another, send messages, form groups, and share events and calendars.
Gethery is a platform. We do not operate, control, endorse, or supervise any Organization, group, member, event, or activity that uses the Service, and we are not a party to any relationship, transaction, or interaction between users.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a contract to create an account or use the Service. The Service is intended for adults only.
The Service is not directed to children. We do not knowingly permit anyone under 18 to create an account. Accounts may not be created for, on behalf of, or in the name of a minor. If a child's name, grade, class, or similar information appears in the Service, it is submitted by an adult account holder or by an Organization, and that adult or Organization is responsible for having the right to submit it. See Section 9 and our Privacy Policy.
If you use the Service on behalf of an Organization, you represent that you are authorized to bind that Organization to these Terms, and "you" includes that Organization.
3. Accounts
You agree to (a) provide accurate and complete information, (b) keep it current, (c) keep your credentials confidential, and (d) be responsible for all activity that occurs under your account. Notify us promptly at security@gethery.com if you suspect unauthorized use.
We may refuse, suspend, or terminate any account at our discretion, including where we believe an account violates these Terms or creates risk to other users.
4. Organizations, Administrators, and Access
Access to a directory is granted by the Organization that operates it. Organizations and their designated administrators ("Administrators") control who is invited, who may join, what groups exist, and what content appears in their directory. Administrators may be able to view, modify, restrict, or remove your membership and certain content associated with it.
You acknowledge that:
- Your relationship with your Organization is separate from your relationship with us. Your Organization may have its own rules, policies, and codes of conduct that also apply to you.
- We act at the direction of the Organization with respect to directory data and are not responsible for an Organization's or Administrator's decisions, policies, or use of the Service.
- If your affiliation with an Organization ends, your access to that Organization's directory may end.
5. Your Content
"Your Content" means anything you submit, post, upload, or transmit through the Service — profile information, messages, group posts, photos, event details, and similar material.
You retain ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting and display), transmit, and display Your Content solely to operate, provide, secure, and improve the Service. This license ends when Your Content is deleted, except for (a) copies retained in routine backups for a limited period and (b) content others have already received or copied.
You represent and warrant that you own or have all necessary rights to Your Content, that it does not violate these Terms or any law, and that you have obtained any consent required from any person appearing in or identified by Your Content — including any consent required from a parent or guardian of a child.
6. Acceptable Use
You agree not to:
- Use the Service to harass, bully, threaten, stalk, defame, or intimidate any person.
- Post or transmit content that is unlawful, hateful, obscene, sexually explicit, exploitative of minors, or that promotes violence or discrimination.
- Scrape, harvest, export, copy, or compile directory information, member lists, or contact information, whether manually or by automated means.
- Use member information obtained through the Service for marketing, advertising, solicitation, political campaigning, fundraising outside the Organization's purpose, resale, or any commercial purpose, or add any member to a mailing or contact list without their consent.
- Contact any member who has restricted their availability, or continue contacting anyone who asks you to stop.
- Impersonate any person or misrepresent your affiliation with any person, Organization, child, or class.
- Access any directory, group, or account you have not been authorized to access, or attempt to circumvent any privacy setting, access control, or security measure.
- Introduce malware, probe or test the vulnerability of the Service, or interfere with its operation or infrastructure.
- Use bots, crawlers, or automated means to access the Service, or reverse engineer, decompile, or create derivative works from it.
- Use the Service to violate any law, including privacy, anti-spam (e.g., CAN-SPAM, TCPA), child protection, or student-records laws.
- Resell, sublicense, or provide the Service to third parties except as expressly permitted.
Violations may result in immediate suspension or termination, and may be reported to your Organization or to law enforcement.
7. Directory Information and Member Communications
The Service exists so members can reach one another. You are solely responsible for how you use information you obtain through the Service, and for everything you send.
We do not verify the identity, background, character, or qualifications of any member. We do not conduct background checks. Any interaction, meeting, transaction, or arrangement you enter into with another member — online or in person — is at your own risk. Exercise the same caution you would with any person you do not know, particularly where children are involved.
8. Moderation and Enforcement
We may, but are not obligated to, monitor, review, screen, filter, or moderate content or conduct on the Service. We may remove, restrict, or refuse any content, and suspend or terminate any account, at any time and for any reason, without notice or liability. Our failure to enforce any provision is not a waiver of our right to do so later.
9. Children, Student Data, and Organization Responsibilities
Where an Organization is a school or works with children, the Organization — not Gethery — is responsible for:
- Determining what information about students or children may be entered into the Service;
- Obtaining any parental consent or providing any notice required by law, including under the Children's Online Privacy Protection Act (COPPA), the Family Educational Rights and Privacy Act (FERPA), and applicable state student-privacy laws;
- Its own compliance with those laws and with its own policies.
If a separate written agreement (such as a data protection addendum or student data privacy agreement) exists between Gethery and an Organization, that agreement governs the handling of that Organization's data to the extent it conflicts with these Terms.
If you believe a child under 13 has provided personal information directly to us, contact us at privacy@gethery.com and we will delete it.
10. Intellectual Property
The Service — including its software, design, text, graphics, logos, and the "Gethery" name and marks — is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to use the Service for its intended purpose. All rights not expressly granted are reserved. You may not use our name or marks without our prior written permission.
11. Copyright / DMCA
If you believe content on the Service infringes your copyright, send a notice to our designated agent at dmca@gethery.com including: (a) your signature; (b) identification of the work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief; and (f) a statement, under penalty of perjury, that the notice is accurate and you are authorized to act. We may remove content and terminate repeat infringers.
12. Feedback
If you send us ideas, suggestions, or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation or compensation to you.
13. Paid Plans, Fees, and Third-Party Services
Certain features may require payment. Fees, billing intervals, and renewal terms will be disclosed at purchase. Unless required by law or stated otherwise in writing, fees are non-refundable and paid subscriptions renew automatically until cancelled. We may change pricing prospectively with notice.
The Service may link to or integrate with third-party services (for example, calendar providers, payment processors, or email delivery). Those services are governed by their own terms, and we are not responsible for them.
14. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY CONTENT OR DIRECTORY INFORMATION IS ACCURATE, COMPLETE, OR CURRENT; OR THAT MESSAGES WILL BE DELIVERED.
WE MAKE NO WARRANTY REGARDING THE CONDUCT, IDENTITY, OR SUITABILITY OF ANY USER, ORGANIZATION, GROUP, OR THIRD PARTY, ONLINE OR OFFLINE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
(a) IN NO EVENT WILL GETHERY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) WITHOUT LIMITING THE FOREGOING, WE WILL HAVE NO LIABILITY FOR: (i) ANY CONTENT OR CONDUCT OF ANY USER, ORGANIZATION, OR THIRD PARTY, INCLUDING DEFAMATORY, OFFENSIVE, HARASSING, OR UNLAWFUL CONDUCT; (ii) ANY INTERACTION OR MEETING BETWEEN USERS, ONLINE OR IN PERSON; (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR YOUR DATA; (iv) ANY INTERRUPTION, ERROR, OR CESSATION OF THE SERVICE; OR (v) ANY DECISION OR ACTION OF AN ORGANIZATION OR ADMINISTRATOR.
(c) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).
(d) THESE LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
16. Indemnification
You will defend, indemnify, and hold harmless Gethery and its officers, directors, employees, contractors, agents, and licensors from and against any claims, demands, actions, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use of or access to the Service; (c) your violation of these Terms or any law; (d) your violation of the rights of any third party, including any privacy or publicity right; or (e) your interactions with any other user or Organization. We may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with us.
17. Dispute Resolution — Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
(a) Informal resolution. Before filing a claim, you agree to try to resolve it informally by sending a written notice describing the dispute to legal@gethery.com. We will do the same. If the dispute is not resolved within 60 days, either party may proceed under this Section.
(b) Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association under its then-current consumer arbitration rules, before a single arbitrator. The Federal Arbitration Act governs this Section. Judgment on the award may be entered in any court of competent jurisdiction.
(c) Exceptions. Either party may (i) bring an individual claim in small claims court, and (ii) seek injunctive or equitable relief in court for infringement or misuse of intellectual property rights.
(d) Class action waiver. YOU AND GETHERY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any representative proceeding. If this waiver is found unenforceable as to a claim, that claim will proceed in court and the rest of this Section will remain in effect.
(e) Jury trial waiver. To the extent any claim proceeds in court, YOU AND GETHERY EACH WAIVE ANY RIGHT TO A JURY TRIAL.
(f) Opt out. You may opt out of this Section 17 by sending written notice to legal@gethery.com within 30 days of first accepting these Terms, stating your name, the email on your account, and that you opt out of arbitration. Opting out does not affect any other provision.
18. Governing Law and Venue
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. Subject to Section 17, you and Gethery consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois.
19. Termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access at any time, with or without cause or notice. Upon termination, your license to use the Service ends. Sections 5 (as to the surviving license), 6, 7, 10, 12, 14, 15, 16, 17, 18, and 20 survive termination.
20. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will provide reasonable notice — such as by posting the updated Terms with a new "Last updated" date, and, where appropriate, by email or in-product notice. Your continued use of the Service after the changes take effect constitutes acceptance. If you do not agree, stop using the Service and delete your account.
21. General
- Entire agreement. These Terms, together with the Privacy Policy and any written agreement between us and your Organization, are the entire agreement between you and Gethery regarding the Service.
- Severability. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remaining provisions will remain in effect.
- No waiver. Our failure to enforce any right is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them freely, including in connection with a merger, acquisition, or sale of assets.
- Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
- Notices. We may provide notices to you by email, in-product message, or posting on the Service. Notices to us go to legal@gethery.com.
- No third-party beneficiaries. These Terms create no rights in any third party, except that the parties released in Sections 14–16 may enforce those Sections.
- Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
22. Contact
20Spokes, Inc.
2626 W Rascher Ave
Chicago, IL 60625
legal@gethery.com