Terms of Use

These Terms of Use govern your use of the Paddy mobile application operated by Benri LLC.

Table of Contents

Effective Date: [INSERT DATE]

Last Updated: [INSERT DATE]

1. Acceptance of Terms

These Terms of Use ("Terms") govern your use of the Paddy mobile application (the "App") operated by Benri LLC ("we," "us," or "our"). By accessing or using the App, you agree to be bound by these Terms.

Company Information:

  • Company: Benri LLC
  • Address: 2108 N ST STE N, Sacramento, CA 95816
  • Contact: [TODO: Add legal contact information]

If you do not agree to these Terms, do not use the App.

2. Description of Service

Paddy is a location-based mobile application that connects users who need menstrual supplies with nearby helpers who are willing to share supplies. The App facilitates:

  • Emergency supply requests and responses
  • Real-time messaging between matched users
  • Location-based user matching
  • Meetup coordination for supply exchanges

3. Medical Disclaimer

⚠️ IMPORTANT: THE APP IS NOT A MEDICAL DEVICE OR MEDICAL SERVICE

The Paddy app is a social coordination platform only. By using the App, you acknowledge and agree that:

  • Not Medical Advice: The App does not provide medical advice, diagnosis, or treatment
  • Not Healthcare Service: We are not healthcare providers and do not practice medicine
  • Personal Responsibility: Menstrual health decisions are your sole responsibility
  • Consult Professionals: Always consult qualified healthcare providers for medical concerns
  • Emergency Situations: For medical emergencies, contact emergency services (911) immediately

DISCLAIMER OF MEDICAL LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR ANY HEALTH-RELATED DECISIONS OR OUTCOMES RESULTING FROM APP USE.

4. Eligibility and Registration

4.1 Age Requirement and Verification

You must be at least 18 years old to use the App. By using the App, you represent and warrant that:

  • You are 18 years of age or older
  • You have the legal capacity to enter into this agreement
  • You are not prohibited from using the App under applicable law

Age Verification: We reserve the right to request proof of age at any time. Failure to provide verification may result in account suspension or termination.

4.2 Account Registration

All users must create an account with username and authentication to use the App. No guest access is available.

4.3 Account Responsibility

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Providing accurate and current information
  • Promptly updating your account information when it changes

5. Acceptable Use

5.1 Permitted Uses

You may use the App to:

  • Request menstrual supplies during emergencies
  • Offer to help others by sharing supplies
  • Communicate with matched users for coordination purposes
  • Use safety features like reporting and blocking

5.2 Prohibited Conduct

You agree NOT to:

5.2.1 Misuse the Service

  • Create false or fraudulent supply requests
  • Use the App for purposes other than menstrual supply sharing
  • Circumvent or attempt to circumvent any security measures
  • Interfere with or disrupt the App's operation

5.2.2 Harmful Behavior

  • Harass, abuse, threaten, or harm other users
  • Engage in predatory, discriminatory, or hateful conduct
  • Share inappropriate, offensive, or explicit content
  • Attempt to obtain personal information for unauthorized purposes

5.2.3 Illegal Activities

  • Use the App for any unlawful purpose
  • Violate any applicable local, state, or federal laws
  • Engage in fraud, deception, or identity theft
  • Distribute malware or other harmful software

5.2.4 Commercial Misuse

  • Use the App for commercial purposes without authorization
  • Sell, rent, or transfer your account
  • Advertise or promote unrelated products or services
  • Collect user information for commercial purposes

6. Supply Exchange Guidelines

6.1 User Responsibilities

  • Requesters: Make genuine requests only when truly needed
  • Helpers: Only offer supplies you actually have available
  • Both Parties: Act respectfully and maintain appropriate boundaries

6.2 Safety Guidelines

  • Meet only in public, well-lit locations
  • Trust your instincts - discontinue any interaction that feels unsafe
  • Use the App's reporting features for inappropriate behavior
  • Never share personal information beyond what's necessary for the exchange

6.3 No Guarantee of Service

  • We do not guarantee that help will be available when requested
  • We do not guarantee the quality or safety of supplies shared
  • Users participate in exchanges at their own risk

7. Privacy and Data

7.1 Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which governs how we collect, use, and protect your information.

7.2 Location Data

By using the App, you consent to:

  • Collection of your location data when using location-based features
  • Sharing your approximate location with matched users
  • Background location updates during active requests

7.3 Communications

By using messaging features, you consent to:

  • End-to-end encrypted communication with other users
  • Temporary storage of messages for delivery purposes
  • Message retention policies as outlined in our Privacy Policy

8. Intellectual Property

8.1 Our Rights

The App and its content, including but not limited to text, graphics, logos, images, and software, are owned by Benri LLC and protected by intellectual property laws.

8.2 User Content

  • You retain ownership of content you create or share through the App
  • You grant us a limited license to use your content to provide the service
  • You represent that you have the right to share any content you post

8.3 Restrictions

You may not:

  • Copy, modify, or distribute our intellectual property
  • Reverse engineer or attempt to extract source code
  • Remove or alter any proprietary notices
  • Use our trademarks or branding without permission

9. Disclaimers and Limitations

9.1 Service Availability

  • The App is provided "as is" without warranties of any kind
  • We do not guarantee continuous, uninterrupted access to the App
  • Service may be unavailable due to maintenance, updates, or technical issues

9.2 User Interactions

  • We are not responsible for interactions between users
  • We do not screen users or verify the accuracy of their information
  • We do not guarantee the safety of meetups or exchanges
  • Users interact with each other at their own risk

9.3 Third-Party Services

  • The App may integrate with third-party services (maps, authentication)
  • We are not responsible for the availability or reliability of third-party services
  • Third-party services are subject to their own terms and policies

10. Limitation of Liability

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BENRI LLC SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, or business opportunities
  • Personal injury or property damage arising from App use
  • Actions or omissions of other users

10.2 Maximum Liability

Our total liability to you for any claims arising from these Terms or App use shall not exceed the greater of (i) $1,000 or (ii) the amount you paid us in the 12 months preceding the claim.

CARVE-OUTS: This limitation does not apply to our gross negligence, willful misconduct, or violations of applicable law where liability cannot be limited.

10.3 State Law Variations

Some states do not allow certain limitations of liability, so these limitations may not apply to you.

11. Indemnification

You agree to indemnify and hold harmless Benri LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

  • Your use of the App
  • Your violation of these Terms
  • Your interactions with other users
  • Any content you post or share

12. Safety and Reporting

12.1 Reporting System

If you encounter inappropriate behavior, safety concerns, or violations of these Terms:

  • Use the in-app reporting feature
  • Contact us directly at [TODO: Add safety contact]
  • We will investigate reports promptly and take appropriate action

12.2 Safety Measures

We implement various safety measures including:

  • User blocking and reporting features
  • Content moderation capabilities
  • Account suspension or termination for violations

12.3 Emergency Situations

For immediate safety concerns or emergencies:

  • Contact local emergency services (911)
  • Remove yourself from any unsafe situation
  • Report the incident to us after ensuring your safety

13. Account Termination

13.1 Termination by You

  • You may stop using the App at any time
  • Registered users can delete their accounts through App settings
  • Account deletion removes your data according to our Privacy Policy

13.2 Termination by Us

We may suspend or terminate your account if you:

  • Violate these Terms or our policies
  • Engage in harmful or abusive behavior
  • Create safety concerns for other users
  • Use the App for illegal activities

13.3 Effect of Termination

Upon termination:

  • Your access to the App will cease
  • Your account data will be handled according to our Privacy Policy
  • Certain provisions of these Terms will survive termination

14. Modifications

14.1 Terms Updates

We may modify these Terms at any time. We will notify you of material changes by:

  • Posting updated Terms in the App
  • Sending in-app notifications
  • Email notification (for registered users)

14.2 Continued Use

Your continued use of the App after Terms modifications constitutes acceptance of the updated Terms.

15. Mandatory Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

15.1 Binding Arbitration

Agreement to Arbitrate: You and Benri LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App (including any alleged breach thereof) shall be resolved through binding individual arbitration rather than in court, except as set forth below.

15.2 Arbitration Rules

  • Administrator: American Arbitration Association (AAA) under its Consumer Arbitration Rules
  • Location: Sacramento County, California, or by phone/video conference
  • Language: English
  • Arbitrator Selection: Single arbitrator selected per AAA rules
  • Discovery: Limited discovery as determined by arbitrator

15.3 Class Action and Jury Trial Waiver

YOU AND BENRI LLC AGREE THAT:

  • No Class Actions: Any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action
  • No Jury Trial: You waive your right to a jury trial
  • No Court Trial: You waive your right to trial in court before a judge
  • Individual Claims Only: Claims cannot be brought on behalf of other persons

15.4 Exceptions to Arbitration

The following disputes are NOT subject to arbitration:

  • Small claims court actions (under applicable dollar limits)
  • Injunctive relief to stop unauthorized use of intellectual property
  • Disputes that cannot be arbitrated under applicable law

15.5 Arbitration Costs

  • Filing Fees: Benri LLC will pay AAA filing fees if they exceed small claims court costs
  • Arbitrator Fees: Each party pays their own attorney fees unless arbitrator awards fees to prevailing party
  • Consumer Protection: For consumers, arbitration costs will not exceed small claims court costs

15.6 Opt-Out Right

You may opt out of arbitration within 30 days of first accepting these Terms by emailing [TODO: Add opt-out email] with subject line "Arbitration Opt-Out" and your name and address. Late opt-out requests will not be honored.

15.7 Severability of Arbitration Clause

If any part of this arbitration clause is found unenforceable, the remainder shall remain in effect, except that if the class action waiver is found unenforceable, the entire arbitration clause shall be void.

16. Governing Law and Disputes

16.1 Governing Law

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

16.2 Jurisdiction

Any legal action related to these Terms must be brought in the state or federal courts located in Sacramento County, California.

16.3 Dispute Resolution

Before filing any legal action, you agree to attempt to resolve disputes through good faith negotiation.

17. Force Majeure

We shall not be liable for any failure or delay in performance of our obligations under these Terms due to causes beyond our reasonable control, including but not limited to:

  • Natural disasters (earthquakes, floods, fires)
  • Government actions, laws, or regulations
  • Labor strikes or work stoppages
  • Internet service provider failures or cyberattacks
  • Pandemics or public health emergencies
  • War, terrorism, or civil unrest

During such events, our obligations shall be suspended for the duration of the force majeure event.

18. General Provisions

18.1 Entire Agreement

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

18.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

18.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

18.4 Assignment

You may not assign your rights under these Terms. We may assign our rights to any successor or affiliate.

19. Contact Information

For questions about these Terms or to report violations:

General Inquiries

[TODO: Add general contact email]

Legal Matters

[TODO: Add legal contact email]

Safety Concerns

[TODO: Add safety contact email]

Mailing Address

Benri LLC

2108 N ST STE N

Sacramento, CA 95816

Response Time: We will respond to inquiries within 7 business days.

Effective Date: These Terms become effective on [INSERT DATE] and were last updated on [INSERT DATE].

By using the Paddy app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.