📜 Terms of Service (Seek | Say)

Version v1.2 | Effective September 8, 2025
Last updated: September 8, 2025

1. About Seek | Say

Seek | Say ("App", "Service", "we", "us") is owned and operated by NextJen Labs LLC, a Delaware limited-liability company. The Service enables people to ask local questions ("Seek"), post local broadcasts ("Say"), and exchange location-aware content.

2. Acceptance of Terms

By creating an account, providing a phone number or email, tapping "Send Verification Code", or otherwise using the Service, you agree to these Terms.

Continued use requires acceptance of the most current Terms. When updated Terms are presented, you must affirmatively accept to continue. If you do not accept, your account will be closed under Section 20. If you do not agree, do not use the Service.

2A. Platform Status & U.S. Section 230 Notice

Users provide their own content. To the maximum extent permitted by law, we are not the publisher or speaker of user content and are not liable for it. Nothing in these Terms limits enforcement of federal criminal law, intellectual-property rights, or sex-trafficking laws (FOSTA/SESTA). We may, in good faith, remove or restrict any content we consider objectionable.

3. SMS & Electronic Communications Consent

Phone numbers are used only for login security and account communications. Message frequency varies; standard carrier rates apply.
Reply STOP to end SMS or HELP for assistance. Opting out of critical communications may prevent access to the Service.
You consent to receive notices electronically (see Section 22).

4. Eligibility & Jurisdictional Minimums

You must be 13 + or the local age of digital consent, whichever is higher. Where local law requires a higher minimum, that higher minimum applies. If under 18, a parent/guardian must accept these Terms on your behalf.

5. Accounts & Security

You are responsible for your account and for keeping your email/phone current. We may suspend or terminate accounts that violate these Terms, risk harm, or evade controls.

5A. Safety in Offline Interactions

We do not screen, endorse, or guarantee users or offline meetings. Use caution when interacting with others and follow our Safety Tips. We are not a broker, insurer, or escrow agent and do not control user-to-user dealings. You assume all risks in offline interactions.

6. User-Generated Content (UGC)

1. License. By posting content (text, images, photos, media), you grant Seek | Say a non-exclusive, worldwide, royalty-free, transferable and sublicensable license to host, store, use, display, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and otherwise use your UGC as reasonably necessary to operate, provide, maintain, improve, and promote the Service (including marketing of the Service). This license survives account deletion to the extent reasonably necessary (e.g., backups, logs, audits, previously created materials, and anonymized analytics).

2. Ownership. You retain your rights in UGC. We may continue to store or display UGC in anonymized or detached form after deletion/expiry for compliance, security, analytics, product improvement, or previously created marketing.

3. Responsibility. You are solely responsible for your UGC and must have necessary rights to post it.

4. Moderation. We may remove, restrict, or refuse UGC that violates these Terms, community guidelines, platform policies, or law. No refunds or compensation are provided for removals (except as required by law or platform policy).

5. Expiry. Certain UGC may have expiry windows; after expiry you have no further rights to it.

6. Content Standards. UGC may be removed if it includes or facilitates:

Spam, harassment, bullying, threats, or doxxing
Illegal or harmful activity; incitement or glorification of violence
Obscene or sexually explicit content; sexual exploitation or endangerment of minors; non-consensual intimate imagery
Hateful, racist, or discriminatory content
Violations of privacy, publicity, or IP rights; counterfeit goods
Technical exploits, malware, or system interference
Violations of community guidelines or platform policies
Content that creates legal liability for Seek | Say

Appeals: You may appeal a removal within 14 days. We will review appeals in good faith but are not obligated to resolve them within a specific timeframe. Final decisions rest solely with Seek | Say.

6.7 Child Safety & Mandatory Reporting

We prohibit any content that sexualizes or endangers minors. If we obtain actual knowledge of apparent child sexual-abuse material (CSAM), we will promptly report it to the National Center for Missing & Exploited Children (NCMEC) as required by 18 U.S.C. § 2258A and may preserve and disclose information to law enforcement as permitted or required by law.

6.8 Repeat-Violator Policy (IP & Safety)

We may terminate or restrict accounts that repeatedly infringe intellectual property or repeatedly violate these Terms or our policies. We may rate-limit features, require re-verification, or impose device/account bans to prevent evasion.

7. Prohibited Conduct

You agree not to use the Service to:

Buy, sell, solicit, or facilitate illegal goods or services (including controlled substances, weapons, stolen data, human trafficking or sexual exploitation).
Arrange or promote violent, dangerous, or criminal activity or provide instructions to commit crimes.
Engage in harassment, hate speech, threats, or incitement.
Impersonate others, misrepresent affiliation, or run deceptive schemes.
Infringe IP or other rights, or upload others' personal data without consent.
Use automated means (bots, scrapers, crawlers) without written permission.
Bypass or interfere with security or access controls; probe, scan, or test systems.
Upload malware or attempt to disrupt our Service or networks.
Spam, run fraud, or use the Service for unlawful purposes.
Evade enforcement (e.g., ban evasion, device spoofing, number recycling).

7A. Law-Enforcement & Emergencies

We may preserve and disclose account information, content, and logs in response to valid legal process, requests permitted by the Stored Communications Act (18 U.S.C. §§ 2701–2712), or in good-faith emergencies involving danger of death or serious physical harm. We may notify and cooperate with law enforcement regarding suspected criminal activity.

8. Location Services

The Service may use device or user-provided location at city/state/country level. Accuracy is not guaranteed. You assume the risks of relying on location data.

9. AI-Generated Content

AI outputs are provided "AS IS" without warranties and should not be relied on for professional, legal, medical, or safety-critical decisions.

10. Credits, Purchases & Refunds

1. Nature of Credits. Credits are a limited license to access digital features; they are not currency, gift cards, prepaid cards, or stored-value instruments and have no cash or property value outside the Service.

2. Finality. All purchases are final and non-refundable/non-transferable, except as required by law or platform (Apple/Google) policies.

3. Use & Expiry.

No partial refunds once credits are used.
Unused credits expire upon account deletion, suspension, or termination.
If your account is closed for declining updated Terms, unused credits also expire. We may at our discretion allow a short redemption window but are not obligated to provide refunds or cash value.

4. Moderation & Forfeiture. Credits used for UGC are not refunded if UGC is removed, moderated, expired, or unavailable.

5. Records. We provide purchase history; we do not provide a full debit ledger.

6. Discrepancies. Report balance discrepancies within 10 days of posting; otherwise claims are waived. We will review reports in good faith but are not obligated to resolve them within a specific timeframe. We may suspend accounts while investigating.

7. Appeals. Credit and transaction appeals must be filed within 14 days; our decision is final.

8. Adjustments. We may adjust or revoke credits for fraud, misuse, or error.

11. Third-Party Services & App Stores

The Service may link to or depend on third-party services, devices, or app stores. Those are subject to their own terms and privacy policies. We are not responsible for third-party services.

11A. Copyright & DMCA Safe Harbor

Notification of Infringement

If you believe material on the Service infringes your copyright, please send a notice to our Designated Agent registered with the U.S. Copyright Office: NextJen Labs LLC, Attn: Copyright Manager, 5900 Balcones Drive # 28313, Austin, TX 78731, Email: info@nexjenlabs.com, Phone: 408-692-5784.

Your notice must meet the requirements of the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(3)), including: (1) A physical or electronic signature of the copyright owner or agent; (2) Identification of the copyrighted work and the infringing material; (3) Your contact information (address, phone, email); and (4) A statement of good faith belief that the use is not authorized.

Counter-Notices

If you believe your content was removed by mistake, you may file a counter-notice with our Designated Agent containing the information required by 17 U.S.C. § 512(g)(3).

Repeat Infringers

We will terminate the accounts of users who are repeat infringers of intellectual property.

12. Service Changes

We may modify, suspend, or discontinue features —including credit features and content access— without liability or compensation, except as required by law or platform policy.

13. Intellectual Property

All non-UGC content, software, designs, and branding are owned by Seek | Say or its licensors.

14. No Professional Advice

Content on the Service (including AI output and user posts) is for informational purposes only and is not professional advice.

15. Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement.

16. Limitation of Liability

To the maximum extent permitted by law:

Our total liability for any claim will not exceed the greater of USD 100 or the total amount you paid to Seek | Say in the 6 months preceding the claim.
We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
Any claim must be brought within one (1) year after it accrues, or it is permanently barred.

17. Indemnity

You agree to indemnify and hold harmless Seek | Say and NextJen Labs LLC (and their officers, employees, and agents) from claims arising out of your UGC, your use of the Service, or your violation of these Terms or applicable law.

18. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-laws principles, except that mandatory consumer-protection laws of your residence may also apply.

19. Dispute Resolution — Arbitration, Class Waiver, Opt-Out

Notice of Dispute. Before arbitration, you must email seekorsay_support@nexjenlabs.com with subject "Notice of Dispute" and include: your name, account/handle, contact info, a description of the dispute, and the relief sought. We'll try to resolve it within 30 days.

Binding Arbitration. If not resolved, disputes will be settled by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

Class/Jury Waiver. No class actions or class-wide relief. You and we waive the right to a jury trial.

Small-Claims Option. Either party may bring an individual claim in small-claims court with proper jurisdiction instead of arbitration.

Fees. Each party pays its own attorneys' fees. Administrative/arbitrator fees will be allocated under AAA rules; if required for enforceability, we will pay any portion mandated by law.

30-Day Opt-Out. You may opt out of arbitration and the class waiver within 30 days of the earlier of (i) account creation or (ii) first acceptance of these Terms by emailing seekorsay_support@nexjenlabs.com with subject "Arbitration Opt-Out" and your account details.

20. Termination & Account Deletion

We may suspend or terminate accounts at our discretion, including for violations or risk to users/platform. On deletion:

Unused credits expire with no refund (see Section 10).
We may retain UGC in anonymized or detached form for compliance, security, analytics, backups, audits, and previously produced materials.
No transaction history is available after deletion.

21. Changes to Terms

We may update these Terms from time to time. For material changes, you will be required to review and affirmatively accept the updated Terms to continue using the Service.

If you do not accept, your account will be closed under Section 20. Continued use after acceptance constitutes agreement to the updated Terms.

21A. Evidence Preservation

You consent to our retaining and, where legally required, preserving UGC and related logs for a reasonable period for safety, security, legal compliance, and dispute resolution.

22. Notices & Security Incidents

We may communicate with you about account or Service matters via email, SMS, or in-app notifications associated with your account.
For a security or data breach affecting your information, we will provide notice as required by applicable law.
By using the Service, you agree that electronic delivery satisfies legal notice requirements to the fullest extent permitted by law.

23. Export Controls & Sanctions

You must comply with U.S. and international export, sanctions, and embargo laws.

You may not use the Service if you are located in, or are a resident of, a prohibited jurisdiction or are on a restricted party list.

24. Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control, including natural disasters, acts of government, war, terrorism, labor disputes, internet outages, or service provider failures.

25. Miscellaneous

Severability. If any provision is unenforceable, the remainder remains in effect.
Assignment. You may not assign these Terms without our consent; we may assign them.
No Waiver. Failure to enforce a provision is not a waiver.
Entire Agreement. These Terms (and any referenced policies) are the entire agreement between you and Seek | Say.
Survival. Sections 6–7, 9–11, 13–17, 19–22, 23, and 25 survive termination.
Headings. Headings are for convenience only.

26. Contact

Questions? Email seekorsay_support@nexjenlabs.com

Last updated: September 8, 2025