October 29, 2023
Our mission is to build meaningful connections with the people you meet in real life. Our services are designed to safely foster connection between people so that they can exchange ideas, learn, and find new, trusted relationships.
1.1 Soco’s Contract with You
You agree that by clicking “Join Now”, “Join Soco”, “Sign Up” or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with The Soco App Corp. (“Soco). If you do not agree to this contract (“Agreement” or “User Agreement” or “Contract”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to thesocoapp.com and Soco-branded apps.. Registered users of our Services are “Members” and unregistered users are “Visitors”.
You are entering into this Contract with Soco (also referred to as “we” and “us”).
(Summary point): This Contract applies to Members and Visitors.
1.2 Members and Visitors
When you register and join Soco, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”
(Summary point): We may make changes to the Contract without notice.
2.1 Service Eligibility
(Summary point): You’re eligible to enter into this Contract and you are at least our “Minimum Age.”
The Services are not for use by anyone under the age of 17.
To use the Services, you agree that: (1) you must be the “Minimum Age”(described below) or older; (2) you will only have one Soco account, which must be in your real name; and (3) you are not already restricted by Soco from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 17.
“Minimum Age” means 17 years old. However, if law requires that you must be older in order for Soco to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
(Summary point): You will not share an account with anyone else and will follow our rules and the law.
Members are account holders. You agree to:
(1) use strong passcodes and security measures for your mobile devices and keep them confidential;
(2) not transfer any part of your account (e.g., connections) and
(3) follow the law and our community policies
You are responsible for anything that happens through your account unless you close it or report misuse.
2.3 Notices and Messages
(Summary point): You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Our Services allow the facilitation of messaging and sharing of information in many ways, such as your phone number, email address, social media profiles, and other information you choose to share. Information and content that you share with an accepting Member may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see your contact information.
We are not obligated to publish any information or content on our Service and can remove it with or without notice.
(Summary point): You own all of the personal information you provide to us, but you also grant us a non-exclusive license to it.
(Summary point): We’ll honor the choices you make about who gets to see your information and content, including how it can be used for ads.
As between you and Soco, you own the content and information that you submit or post to the Services, and you are only granting Soco and our affiliates the following non-exclusive license:
A worldwide, transferable, royalty-free, and sublicensable right to use, copy, and process, information you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to Soco, you agree that Soco can use and share (but does not have to) such feedback for any purpose without compensation to you.
(Summary point): You promise to only provide information and content that you have the right to share, and that your Soco profile and information will be truthful.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Soco may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change, suspend or discontinue any of our Services.
3.3 Information Shared by Other Visitors or Members
(Summary point): Your use of others’ contact information posted on our Services, is at your own risk.
(Summary point): Others may offer their own products and services utilizing our Services, and we aren’t responsible for those third-party activities.
By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Soco does not review contact information provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you may be mistakenly associated with information about others when we let connections and followers know you.
3.4 Limits to Our Services
Soco reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Soco reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services.
3.5 Intellectual Property Rights
Soco reserves all of its intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Soco, and its logos and other Soco trademarks, service marks, graphics and logos used for our Services are trademarks or registered trademarks of Soco.
3.6 Automated Processes and Suggestions
We use the information and data that you provide and that we have about Members to make recommendations for connections that may be useful to you. For example, we use data and information about you to recommend close contacts who may be a connection. Keeping your profile accurate and your app on helps us make those recommendations most relevant.
4.1 NO WARRANTY
(Summary point): This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
SOCO AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY ABOUT THE SERVICES, INCLUDING ANY REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PROVIDE THE SERVICES (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, SOCO AND ITS AFFILIATES DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF TITLE, ACCURACY OF DATA, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
4.2 LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES UNLESS EXPRESS WRITTEN PERMISSION IS GRANTED BY SOCO, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
SOCO AND ITS AFFILIATES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO SOCO FOR THE SERVICES DURING THE TERM OF THIS CONTRACT, IF ANY, OR (B) US $500.
4.3 Basis of the Bargain; Exclusions
The limitations of liability in this Section 4 are part of the basis of the bargain between you and Soco and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Soco or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
(Summary point): We can each end this Contract, but some rights and obligations survive.
Both you and Soco may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
You and Soco agree that the laws of the State of Hawaii, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Soco both agree that all claims and disputes can be litigated only in the federal or state courts in Honolulu County, Hawaii, USA, and you and Soco each agree to personal jurisdiction in those courts.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don’t act to enforce a breach of this Contract, that does not mean that Soco has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Soco may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
(Summary point): Soco is a community of connected people. This list of “Dos and Don’ts” along with our Community Policies limit what you can and cannot do on our Services.
You agree that you will:
You agree that you will not:
(Summary point): Contact information for complaints about information provided by our Members or other issues.
We respect the rights of others. We require that information posted by Members be accurate and not in violation of any rights of third parties. All complaints should be addressed to:
The Soco App Corp
A325 – 5395
200 N Vineyard Blvd
Honolulu, HI 96817