Terms of Service

1. About Shoutout

Shoutout is a proximity-based social networking application designed for teenagers and young adults aged 14 and above. Our mission is to foster safe, real-world connections within a limited geographical radius while prioritizing user safety, privacy, and responsible engagement.

Key Features:

• Proximity-based user discovery within 200 meters
• Mandatory AI-powered age verification
• Age-based user separation (minors and adults cannot interact)
• Location privacy with randomized positioning
• Real-time content moderation
• Comprehensive blocking and reporting tools

2. Eligibility and Account Registration

2.1 Age Requirements

• Minimum age: 14 years old
• Users under 18 must have parental or legal guardian consent
• Users under 14 are strictly prohibited from using the App

2.2 Verification Process

All users must complete:

• AI-based age verification via Yoti Face Scan
• Phone number or email verification
• Optional government ID upload for enhanced verification

2.3 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breaches

3. License and Intellectual Property

3.1 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to use Shoutout for personal, non-commercial purposes in accordance with these Terms.

3.2 Restrictions

You shall not:

• Copy, modify, distribute, or reverse engineer the App
• Rent, lease, sublicense, sell, or commercially exploit the App
• Circumvent security features, age verification, or content filters
• Attempt to access source code or create derivative works
• Use the App to violate any applicable laws or regulations

3.3 Ownership

All App content, functionality, software, and trademarks are owned by us or our licensors and protected by Austrian and EU intellectual property laws.

4. Community Guidelines and Acceptable Use

4.1 General Conduct

You must use the App lawfully, ethically, and respectfully at all times. You agree to:

• Treat other users with courtesy and respect
• Comply with all applicable laws and regulations
• Respect the privacy and safety of other users
• Use the App's features as intended

4.2 Strictly Prohibited Content and Conduct

Illegal Activity:

• Content violating Austrian, EU, or local laws
• Promoting criminal acts, fraud, or unauthorized access
• Misrepresenting your age or identity

Harassment and Abuse:

• Hate speech, discrimination, or incitement to violence
• Bullying, stalking, threats, or intimidation
• Doxxing or sharing private information without consent

Harmful Content:

• Graphic violence or abuse depictions
• Content promoting self-harm, eating disorders, or suicide
• Material glorifying violence or criminality

Sexual Content and Exploitation:

• Pornography, obscene material, or sexually explicit content
• Sexual exploitation, especially involving minors (zero tolerance)
• Attempts to groom, solicit, or coerce minors

Misinformation and Spam:

• False information about health, safety, or public welfare
• Dangerous conspiracy theories or unverified medical advice
• Spam, scams, phishing attempts, or malicious content
• Data harvesting, impersonation, or content scraping

4.3 Automated Content Moderation

The App includes AI-based moderation to detect and block inappropriate content in real-time. This system automatically filters NSFW content and potentially harmful material.

5. Safety and Privacy Features

5.1 Age Separation

• Strict enforcement: users under 18 cannot view or interact with users 18+
• Separate user pools to prevent cross-age group contact
• Automatic age verification prevents circumvention

5.2 Location Privacy

• User locations are randomized within a 200-meter radius
• Precise GPS coordinates are never disclosed to other users
• Location data is processed with privacy-first principles

5.3 Safety Controls

• Real-time blocking and reporting functionality
• Offline mode to disable visibility entirely
• Limited daily connection requests
• Mutual consent required for messaging

6. User-Generated Content

6.1 Your Responsibility

You are solely responsible for all content you create, upload, post, or transmit through the App, including text, images, and messages.

6.2 Content License

By submitting content, you grant us a worldwide, royalty-free, non-exclusive, sublicensable license to use, host, reproduce, display, and distribute such content solely for App operation, improvement, and promotion.

6.3 Content Moderation

We reserve the right to review, monitor, remove, or restrict access to any content that violates these Terms or applicable law, without prior notice.

7. Subscriptions and Premium Features

7.1 Freemium Model

• Free Tier: Limited access to core features
• Premium Subscriptions: Enhanced features via RevenueCat billing

7.2 Subscription Terms

• Premium features may be modified at our discretion
• Subscriptions governed by RevenueCat terms and app store policies
• No refunds except as required by law or app store policies

8. Privacy and Data Protection

Your privacy is protected under our Privacy Policy, which forms an integral part of these Terms. We collect and process personal data in compliance with:

• EU General Data Protection Regulation (GDPR)
• Austrian Data Protection Act (DSG)
• Other applicable privacy laws

Key privacy commitments:

• Data minimization principles
• Secure data processing and storage
• User rights to access, correct, and delete data
• No sharing with third parties without consent (except as legally required)

9. Disclaimers and Warranties

9.1 "As Is" Provision

The App is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to:

• Merchantability or fitness for a particular purpose
• Accuracy, reliability, or uninterrupted operation
• Complete security or error-free functionality

9.2 No Guarantee of Service

We do not guarantee:

• Continuous or uninterrupted App availability
• Error-free age verification or content moderation
• Complete prevention of inappropriate contact or content
• Accuracy of user-provided information

9.3 Third-Party Services

We are not responsible for third-party content, services, or platforms that may be accessible through the App.

10. Limitation of Liability

10.1 Damage Limitations

To the maximum extent permitted by law, we shall not be liable for any:

• Indirect, incidental, consequential, special, or punitive damages
• Loss of data, revenue, profits, or business opportunities
• Emotional distress, personal injury, or property damage
• Damages arising from unauthorized access, system failures, or third-party conduct

10.2 Maximum Liability

Our total liability for any claims related to the App shall not exceed the amount you paid us in the 12 months preceding the claim, or €100, whichever is greater.

10.3 Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, government actions, network failures, or cyberattacks.

11. Indemnification

You agree to indemnify and hold us harmless from all claims, damages, losses, and expenses (including legal fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms or applicable laws
• Your content or conduct on the App
• Any infringement of third-party rights

12. Enforcement and Termination

12.1 Violations and Penalties

We may take the following actions for Terms violations:

• Issue warnings
• Remove violating content
• Temporarily suspend your account
• Permanently terminate your account
• Report to law enforcement when legally required

12.2 Termination Rights

We reserve the right to suspend or terminate your access at any time, with or without notice, for:

• Breach of these Terms
• Legal requirements or court orders
• Security threats or technical issues
• Repeated violations (zero tolerance for repeat offenders)

12.3 Effect of Termination

Upon termination:

• Your license to use the App immediately ends
• You must delete all copies of the App
• We may retain certain data as legally required
• Accrued rights and obligations survive termination

13. Parental Oversight for Minors

13.1 Parental Responsibility

Parents/guardians of users under 18 must:

• Provide verifiable consent for App use
• Supervise and monitor the minor's App usage
• Ensure compliance with these Terms
• Accept full responsibility for the minor's activities

13.2 Parental Rights

Parents may:

• Review data collected from their child
• Request deletion of such data
• Withdraw consent at any time
• Contact us regarding their child's account

14. Reporting and Support

14.1 Reporting Violations

Report violations through:

• In-app reporting system
• Email contact provided in the App
• All reports are confidential and promptly investigated

14.2 Contact Information

For questions, concerns, or support:

• Email: support@shoutout.app
• Response time: Within 48 hours for safety-related issues

15. Updates and Modifications

15.1 Terms Updates

We may modify these Terms at any time. Material changes will be communicated with at least 30 days' notice. Continued use after changes constitutes acceptance.

15.2 App Updates

We may provide automatic updates to maintain security and functionality. Such updates are covered by these Terms unless accompanied by separate terms.

16. Legal Provisions

16.1 Governing Law

These Terms are governed by the laws of the Republic of Austria, without regard to conflict of law principles.

16.2 Jurisdiction

The competent courts in Vienna, Austria have exclusive jurisdiction over disputes, unless mandatory consumer protection laws provide otherwise.

16.3 Severability

If any provision is held invalid or unenforceable, it will be modified to achieve its intent to the maximum extent possible, and remaining provisions continue in full effect.

16.4 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App.

17. Contact Us

For any questions about these Terms:

Email: support@shoutout.app