terms of service

1. who can use the service

To use the Service you must:

• be at least 18 years old;
• be able to form a binding contract;
• live in, or plan to spend time in, the greater Boston area, or join the waitlist for another city;
• not be barred from using the Service under applicable law, and not have been previously removed from the Service by us; and
• not be a registered sex offender or have been convicted of a violent or sexual offense.

Boston Area Bestie is for making friends only. It is not a dating service, and you must not use it to look for romantic or sexual relationships.

2. your account and verification

You sign up with a work or school email address. We may ask you to confirm that you control that address and to complete a live selfie check so we can confirm you are a real person. You agree to:

• give accurate, current and complete information, and keep it up to date;
• use only your own email address, phone number and photos;
• keep one account per person and not share, sell or transfer it; and
• tell us right away at hello@bostonareabestie.com if you think someone else is using your account.

Verification helps us keep the community real, but it is not a background check. We do not verify anyone's identity documents, character, criminal history or intentions, and we do not guarantee that any member is who they say they are.

3. how introductions work

Based on the preferences you share, we suggest introductions to other members, usually by text message on Wednesdays. Introductions are mutual: we only connect two people when both would welcome it.

We decide who to introduce, and when, at our discretion. We do not promise any number of introductions, any particular match, or that any friendship will result. The Service is free, and we may change, pause or stop offering any part of it at any time.

4. text messages

When you give us your mobile number and check the consent box, you agree to receive recurring text messages from Boston Area Bestie at that number, including introductions, verification codes, account notices and occasional product updates. Messages may be sent using automated technology.

• Message frequency varies. Most members receive a few messages a week.
• Message and data rates may apply, based on your mobile plan.
• Reply STOP at any time to stop receiving messages. We will send one message confirming that you have opted out. Because introductions are sent by text, opting out means you will not receive new introductions.
• Reply HELP for help, or email hello@bostonareabestie.com.
• Carriers are not liable for delayed or undelivered messages.

Agreeing to receive texts is not a condition of buying anything; the Service is free. If you change or give up your mobile number, tell us or reply STOP first so we do not text the next owner of that number.

5. community rules

Be kind, honest and respectful. You agree not to:

• harass, threaten, bully, stalk, intimidate or discriminate against anyone;
• pursue romantic or sexual contact with people you meet through the Service;
• send spam, chain messages, sales pitches or recruit people into businesses, schemes or causes;
• ask anyone for money, financial information or other sensitive personal information;
• impersonate any person or misrepresent your age, employer, school or identity;
• share other members' personal information, contact details or messages without their permission;
• use the Service for anything illegal, or encourage others to break the law;
• scrape, copy, reverse engineer, overload or interfere with the Service, or use bots or automated means to access it; or
• try to get around any suspension, removal or technical limit we put in place.

We may investigate suspected violations and take any action we think is appropriate, including removing you from the Service and reporting conduct to law enforcement.

6. meeting people in person

You are solely responsible for your interactions with other members, online and in person. We cannot control members' behavior and we are not responsible for it. We strongly encourage you to:

• meet for the first time in a busy public place;
• tell a friend where you are going and who you are meeting;
• arrange your own transportation and stay in control of your belongings; and
• leave any situation that feels wrong, and report it to us at hello@bostonareabestie.com. If you are in danger, call 911.

You understand that meeting new people involves risk, and you choose to do so at your own risk.

7. your content

"Your content" means the information you give us, such as your first name, neighborhood, preferences and your answer about how you spend a Saturday. You keep ownership of your content. You give AlmaData LLC a non-exclusive, royalty-free, worldwide license to host, store, use, copy and display your content only as needed to operate, improve and protect the Service, including sharing parts of it with members you are introduced to. This license ends when your content is deleted from our systems, except for copies we must keep by law or in routine backups for a limited time.

You promise that your content is accurate, belongs to you, and does not break the law or anyone else's rights.

8. our service and brand

The Service, including its design, text, graphics, software and the Boston Area Bestie name, belongs to AlmaData LLC or its licensors and is protected by intellectual property laws. We give you a personal, revocable, non-transferable right to use the Service for its intended purpose under these Terms. If you send us feedback or ideas, we may use them without owing you anything.

9. privacy

Our Privacy Policy explains what we collect, how we use it and the choices you have, including how the selfie check handles your data. It is part of these Terms.

10. leaving or being removed

You can stop using the Service at any time. To delete your account, email hello@bostonareabestie.com from the address you signed up with. We may suspend or remove your account, or refuse service, at any time if we believe you have broken these Terms, created risk for other members or for us, or if we stop offering the Service. Sections 7 through 18 continue to apply after your account ends.

11. third-party services

The Service relies on other companies, such as hosting, database, messaging and identity-verification providers, and may link to sites we do not control. We are not responsible for third-party services, and your use of them may be governed by their own terms.

12. disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT ALLOWED BY LAW, ALMADATA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ANY INTRODUCTION WILL BE SUITABLE OR SAFE. WE MAKE NO PROMISE ABOUT THE CONDUCT OF ANY MEMBER.

13. limitation of liability

TO THE FULLEST EXTENT ALLOWED BY LAW, ALMADATA LLC AND ITS OWNERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, OR FOR ANY DAMAGES ARISING FROM THE CONDUCT OF ANY MEMBER OR ANY MEETING BETWEEN MEMBERS, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain disclaimers or limits on liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited by law.

14. indemnity

You agree to defend and hold harmless AlmaData LLC and its owners, employees and agents from any claims, losses and expenses (including reasonable attorneys' fees) arising from your content, your use of the Service, your interactions with other members, or your breach of these Terms or the law.

15. dispute resolution and arbitration

Informal resolution first. Before starting any claim, you agree to email hello@bostonareabestie.com with your name, contact details and a description of the dispute, and to try in good faith to resolve it with us for at least 60 days. We will do the same before bringing a claim against you.

Binding arbitration. If we cannot resolve the dispute informally, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service (including whether it must be arbitrated) will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator. The Federal Arbitration Act governs this section. Hearings may take place by video or phone, or in the county where you live. Payment of arbitration fees will follow the AAA Consumer Arbitration Rules.

Exceptions. Either party may bring an individual claim in small claims court if it qualifies, and either party may ask a court for an injunction to stop infringement or misuse of intellectual property.

Class action waiver. You and we may only bring claims in an individual capacity, and not as a plaintiff or class member in any class, collective or representative proceeding. The arbitrator may not combine more than one person's claims. If this waiver is found unenforceable for a particular claim, that claim (and only that claim) must be decided in court, after any individual arbitration is finished.

Opting out. You can reject this arbitration agreement by emailing hello@bostonareabestie.com within 30 days after you first agree to these Terms, with the subject line "Arbitration Opt-Out" and your name and the email address you signed up with. Opting out does not affect any other part of these Terms.

Jury trial waiver. If a dispute is decided in court rather than arbitration, you and we waive any right to a jury trial to the extent the law allows.

16. governing law and venue

These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-law rules, except that Section 15 is governed by the Federal Arbitration Act. Any claim not subject to arbitration must be brought in the state or federal courts located in Suffolk County, Massachusetts, and you and we consent to their jurisdiction.

17. changes to these terms

We may update these Terms from time to time. We will post the new version on this page and change the date at the top. If a change is material, we will give you reasonable notice, for example by text or email, before it takes effect. If you keep using the Service after the change takes effect, you accept the updated Terms. Changes to Section 15 will not apply to disputes we already knew about before the change.

18. general

These Terms, together with the Privacy Policy and Cookie Policy, are the entire agreement between you and us about the Service. If any part is found unenforceable, the rest stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, sale or reorganization. Nothing in these Terms creates a partnership, employment or agency relationship.

19. contact

Questions about these Terms? Email AlmaData LLC at hello@bostonareabestie.com.