MyPosseTerms of Use
Effective Date: 1 September 2026
1. Introduction and Acceptance
1.1 These Terms of Use (the "Terms") form a legally binding agreement between you and MyPosse LTD., a company organised under the laws of the State of [State], United States of America ("MyPosse", "we", "us" or "our"), and govern your access to and use of the MyPosse mobile application, any related websites, and all associated features, content and services (together, the "Service").
1.2 By tapping "Continue", creating an account, joining a Posse, or otherwise accessing or using the Service, you confirm that you have read and understood these Terms and that you agree to be bound by them. If you do not agree to these Terms, you must not access or use the Service.
1.3 These Terms incorporate by reference, and you also agree to, the following documents, each of which forms part of your agreement with us: the Privacy Policy, the Consumer Health Data Privacy Notice, the Community Guidelines, the Acceptable Use Policy, the Copyright and DMCA Policy, the Child Safety Standards Policy, the Subscription, Billing and Virtual Items Terms, and the End User Licence Agreement.
1.4 Section 24 of these Terms contains a binding individual arbitration agreement and a waiver of your right to participate in a class action or representative proceeding. Please read Section 24 carefully. It affects how disputes between you and MyPosse are resolved.
1.5 MyPosse is a private social application designed for small, closed groups of family members and friends. It is a product for social connection and entertainment. It is not a healthcare service, a counselling service, a therapeutic service, a crisis service, or a substitute for professional advice of any kind. Section 8 sets out important limitations relating to the mood and wellbeing features of the Service.
2. Definitions
2.1 "Account" means the personal account you create in order to access the Service.
2.2 "Anchor Question" means a periodic prompt presented to a Posse which Members answer in writing, and in respect of which the answers of other Members are concealed from you until you have submitted your own answer.
2.3 "Applicable Law" means all laws, statutes, regulations, rules and binding regulatory guidance applicable to a party.
2.4 "Journal" means the archive within a Posse in which past Anchor Questions, answers, shared media and other retained Posse content are stored and made available to Members.
2.5 "Member" means a person who has joined a particular Posse.
2.6 "Mood Entry" means a mood state which you select and record using the Mood Mosaic feature.
2.7 "Mood Mosaic" means the feature of the Service which allows you to record a Mood Entry and which displays the Mood Entries recorded by Members of your Posse, attributed to them by name.
2.8 "Platform" means the Apple App Store or the Google Play Store, as applicable, through which you obtain the MyPosse application.
2.9 "Posse" means a private group created within the Service, which Members join by invitation code or invitation link.
2.10 "Posse Creator" means the User who creates a Posse and who may hold additional administrative permissions in respect of that Posse.
2.11 "Premium" or "MyPosse Premium" means the paid subscription tier of the Service.
2.12 "Streak" means the record of continuous participation by a Posse or by a Member, and "Streak Freeze" means a consumable in-application item which preserves a Streak notwithstanding a period of non participation.
2.13 "User", "you" or "your" means the individual accessing or using the Service.
2.14 "User Content" means any text, answers, photographs, images, media, Mood Entries, quiz and poll responses, Posse names, profile information and other material that you submit, upload, transmit, record or otherwise make available through the Service.
2.15 "Website" means the website operated by MyPosse at [Website URL].
3. Eligibility and Age Requirements
3.1 The Service is not directed to, and is not intended for use by, children under the age of 13. You may not create an Account or use the Service if you are under 13 years of age.
3.2 We ask for your date of birth during registration in order to apply this age restriction. You agree that the date of birth you provide is accurate, and you acknowledge that providing a false date of birth in order to obtain access to the Service is a material breach of these Terms.
3.3 If you are between 13 and 18 years of age, or are otherwise a minor in your jurisdiction of residence, you may use the Service only with the knowledge and consent of a parent or legal guardian, and that parent or legal guardian must review and agree to these Terms on your behalf. Where a parent or legal guardian agrees to these Terms on behalf of a minor, that parent or legal guardian is responsible for the minor's use of the Service.
3.4 We do not knowingly collect personal information from children under 13. If we become aware that we hold personal information relating to a child under 13, we will delete that information and terminate the associated Account. If you believe that a child under 13 has created an Account, please contact us using the details in Section 25 so that we may take appropriate action.
3.5 A Posse designated as a "Family" Posse remains subject to the same minimum age requirement. The Posse Creator and the inviting Member are responsible for ensuring that they do not invite any person under the age of 13 to join a Posse.
3.6 You must not use the Service if you have previously been suspended or removed from the Service, or if you are barred from receiving services under Applicable Law, including under United States export control or economic sanctions laws.
4. Account Registration and Security
4.1 To use the Service you must register an Account by providing your name, an email address or mobile telephone number, your date of birth and a password, or by authenticating through a supported third party sign in provider such as Apple or Google.
4.2 Where you register using an email address or telephone number, you will be asked to verify it by entering a one time passcode sent to you. We may decline to activate an Account which has not completed verification.
4.3 Where you sign in using Apple or Google, your use of that sign in method is also governed by the terms and privacy policies of that provider. If you elect to conceal your email address using a private relay service offered by a sign in provider, you acknowledge that certain communications from us may be delayed, filtered or undeliverable, and that this may affect your ability to recover your Account.
4.4 You are responsible for maintaining the confidentiality of your Account credentials and for all activity that occurs under your Account. You must notify us promptly using the details in Section 25 if you become aware of any unauthorised access to or use of your Account.
4.5 The Service offers an option to remain signed in on a device. If you enable that option, any person with access to that device may be able to access your Account, including your Posses, your Journal and your Mood Entries. You should not enable that option on a shared device.
4.6 You may hold only one Account unless we expressly permit otherwise. You may not sell, transfer, licence or assign your Account to any other person, and you may not permit any other person to use your Account.
4.7 You are responsible for the accuracy of the information in your Account and for keeping it up to date.
5. Posses: Creation, Membership and Administration
5.1 The Service is organised around Posses. A Posse is a private group. You may create a Posse, join a Posse using an invitation code or invitation link shared with you, or both. You may belong to more than one Posse at the same time.
5.2 When you create a Posse you may designate it as a "Family" Posse or a "Friends" Posse and give it a name. Posse names are visible to all Members of that Posse and must comply with the Community Guidelines.
5.3 Invitation codes and invitation links grant access to a Posse and to the content shared within it. You are responsible for the persons with whom you share an invitation code or invitation link. Anyone who obtains a valid invitation code or link may be able to join the relevant Posse and view content shared within it, including content shared before they joined, to the extent that content is retained in the Journal.
5.4 Content shared within a Posse is visible to all Members of that Posse. It is not private as between you and MyPosse alone, and it is not end to end encrypted. You should not share within a Posse any information that you would not wish every current or future Member of that Posse to see.
5.5 A Posse Creator may hold additional permissions in respect of the Posse, which may include inviting and removing Members and managing Posse settings. MyPosse does not adjudicate disputes between Members regarding the administration of a Posse, save where a matter engages our Community Guidelines, our Acceptable Use Policy or Applicable Law.
5.6 You may leave a Posse at any time. Leaving a Posse does not of itself delete content you have already contributed to that Posse. Section 20 sets out how deletion operates.
6. Description of the Service
6.1 The Service provides features which may include private group messaging and content sharing, Anchor Questions, the Journal, the Mood Mosaic, Vibe Check questions, quizzes and guessing games, polls, Streaks, leaderboards, a prompt library, notification preferences and account management tools.
6.2 The Service is provided on an evolving basis. We may add, modify, suspend or discontinue any feature of the Service, in whole or in part, at any time. Where a change is material and adverse to you, we will provide reasonable notice through the Service or by other means, except where the change is required by Applicable Law, is necessary to address a security or safety risk, or relates to a feature that is being replaced by a substantially equivalent feature.
6.3 If a change materially reduces the benefits of a paid subscription you hold, your rights are addressed in the Subscription, Billing and Virtual Items Terms.
6.4 The Service requires a compatible device, an internet connection and, in some cases, the most recent version of the application. We do not warrant that the Service will operate on every device or operating system version.
6.5 We do not guarantee that the Service will be available without interruption. Access may be suspended for maintenance, upgrades, security reasons or events outside our reasonable control.
7. Anchor Questions, the Journal and Reciprocal Disclosure
7.1 Anchor Questions operate on a reciprocal basis. The answers submitted by other Members are concealed from you until you submit your own answer. By submitting an answer you accept that your answer will be disclosed to all Members of the Posse and that you cannot thereafter make it invisible to Members who have already viewed it.
7.2 Anchor Questions may invite you to share personal recollections, family memories, photographs and other information of a personal nature. Participation is voluntary. You decide what to disclose, and you should exercise your own judgement about what is appropriate to share with the Members of your Posse.
7.3 Answers to Anchor Questions, together with associated media, may be retained in the Journal and remain accessible to Members of the Posse, including Members who join the Posse after the answer was submitted, until deleted in accordance with these Terms and our Privacy Policy.
7.4 An Anchor Question may be subject to a response window. Where a response window expires, you may be unable to submit or amend an answer.
7.5 We may curate, generate, rotate or personalise Anchor Questions, Vibe Check questions and quiz content. Prompt content is provided for entertainment and connection. It is not advice, and it should not be treated as an assessment of any Member.
8. Mood Mosaic, Vibe Check and Wellbeing Disclaimer
8.1 The Mood Mosaic allows you to record how you are feeling by selecting from a set of mood states. The Vibe Check allows you to answer a periodic question about how your week has been. Both features are optional and may be skipped.
8.2 If you record a Mood Entry, that Mood Entry is displayed to the other Members of your Posse, attributed to you by name. If you do not wish other Members to know how you are feeling, do not record a Mood Entry.
8.3 Mood Entries and Vibe Check responses are self reported expressions provided for social connection and entertainment. They are not a clinical assessment, a screening tool, a diagnosis, a measurement of mental health, or a record of any medical or psychological condition. MyPosse does not interpret, evaluate or act upon Mood Entries as indicators of health status.
8.4 The Service is not a crisis or emergency service and is not monitored for emergencies. If you are experiencing a medical or mental health emergency, or if you are concerned about your safety or the safety of another person, you should contact your local emergency services immediately or seek assistance from a qualified professional. Do not rely on the Service to summon help.
8.5 Nothing displayed within the Service constitutes medical advice, psychological advice, counselling or treatment, and no professional relationship of any kind is created between you and MyPosse by your use of the mood or wellbeing features.
8.6 We do not use Mood Entries or Vibe Check responses to target advertising to you. If we ever propose to change that position, we will do so only in accordance with Applicable Law and, where required, only with your separate consent obtained in advance.
8.7 Additional disclosures relating to mood information, including disclosures required under the laws of certain states, are set out in the Consumer Health Data Privacy Notice.
9. Quizzes, Guessing Games, Polls, Streaks and Leaderboards
9.1 The Service includes quizzes, guessing games, polls, Streaks and leaderboards. These features are provided for entertainment. Scores, rankings, streak counts and similar indicators have no monetary value and confer no rights outside the Service.
9.2 Quiz and guessing features involve Members answering questions about themselves and about other Members. Answers about you may be visible to your Posse. You should not treat quiz results, guesses or leaderboard positions as an assessment of any Member or of any relationship.
9.3 Streaks record continuous participation. A Streak may be lost if participation does not occur within the relevant period. We may adjust the mechanics of Streaks, including the length of qualifying periods, at any time.
9.4 We do not guarantee the accuracy, continuity or preservation of any Streak, score, ranking or statistic, and we are not liable for the loss of any such indicator, including where the loss results from a technical fault, a device issue, a connectivity failure or a change to the Service.
9.5 The Service is designed to encourage regular participation. Participation is voluntary at all times. You are free to disable notifications, to skip any prompt, and to cease using the Service without penalty other than the loss of a Streak or similar in Service indicator.
11. Streak Freezes and Virtual Items
11.1 The Service includes consumable virtual items, including Streak Freezes, which may be granted to you in limited quantities at no charge or made available in greater quantities as a benefit of MyPosse Premium.
11.2 Virtual items are licensed to you for personal, non transferable use within the Service. You do not own them. They are not property, currency, credit, a stored value instrument, or a financial product of any kind.
11.3 Virtual items have no monetary value, cannot be exchanged for money or anything of value outside the Service, cannot be transferred to another User, and cannot be sold, gifted or traded.
11.4 We may vary the quantity, availability, function, expiry and mechanics of any virtual item. Unused virtual items expire on termination or deletion of your Account and are not refundable, except where a refund is required under Applicable Law.
11.5 If your subscription lapses, benefits which depend on that subscription, including any unlimited allowance of Streak Freezes, cease to be available.
12. User Content and Licence
12.1 You retain all ownership rights that you hold in your User Content. These Terms do not transfer ownership of your User Content to us.
12.2 You grant MyPosse a non exclusive, worldwide, royalty free, sublicensable licence to host, store, reproduce, adapt, format, transmit and display your User Content, solely for the purposes of operating, maintaining, securing, supporting and improving the Service, providing the Service to the Members of your Posses, and complying with Applicable Law.
12.3 The licence in Section 12.2 is limited to what is necessary to operate the Service. It does not permit us to publish your User Content publicly, to use it in advertising or marketing, or to make it available to persons outside your Posse, unless you have given us separate permission to do so.
12.4 The licence in Section 12.2 terminates when your User Content is deleted from the Service, subject to Section 12.5 and to our retention obligations described in the Privacy Policy.
12.5 You acknowledge that other Members may have viewed, saved, screenshotted or copied your User Content, and that we have no control over, and accept no responsibility for, any copy retained by another Member outside the Service.
12.6 You represent and warrant that you own or have all necessary rights in your User Content, that your User Content does not infringe the rights of any third party, and that your User Content complies with these Terms, the Community Guidelines, the Acceptable Use Policy and Applicable Law.
12.7 We do not pre screen User Content and are under no obligation to monitor it. We may, but are not obliged to, review, restrict or remove User Content in accordance with Section 15.
13. Content About Other Members and Third Parties
13.1 The Service is designed around content that concerns other people. Anchor Question answers, quiz responses, guesses, shared photographs and Journal entries frequently relate to Members of your Posse and to persons who are not Users of the Service.
13.2 You must not share photographs, recordings or information about another person where you do not have that person's permission to do so, or where sharing would be unlawful or would breach a duty of confidence you owe to them.
13.3 You must take particular care before sharing images or information concerning children. You must not upload an image of a child unless you are a parent or legal guardian of that child or have obtained the permission of a parent or legal guardian.
13.4 If a Member leaves a Posse or deletes their Account, content contributed by other Members which refers to that person may remain within the Posse. If you believe content about you should be removed, you may contact us using the details in Section 25 and we will consider the request in accordance with Applicable Law and our Privacy Policy.
13.5 If you invite a person to a Posse using contact information stored on your device, you confirm that you are entitled to use that contact information for that purpose. We handle contact information in accordance with the Privacy Policy.
14. Acceptable Use and Prohibited Conduct
14.1 You must use the Service in accordance with these Terms, the Community Guidelines and the Acceptable Use Policy, each of which forms part of your agreement with us.
14.2 Without limiting those documents, you must not: (a) use the Service for any unlawful purpose; (b) harass, bully, threaten, stalk, defame or intimidate any person; (c) upload content that is sexually explicit, or that sexualises or endangers a minor; (d) upload content that promotes or facilitates self harm, suicide, disordered eating, violence, terrorism or the sale of regulated goods; (e) impersonate any person or misrepresent your affiliation with any person; (f) infringe the intellectual property, privacy or publicity rights of any person; (g) upload malicious code or interfere with the operation, integrity or security of the Service; (h) access the Service by automated means, scrape it, or attempt to derive its source code except to the extent that restriction is prohibited by Applicable Law; (i) circumvent any access control, invitation mechanism, rate limit, subscription paywall or virtual item allowance; or (j) use the Service to send unsolicited commercial communications.
14.3 You must not use the Service to collect, aggregate or profile information about Members for any purpose other than ordinary personal social use within your Posse.
14.4 You must comply with all Applicable Law when using the Service, including United States export control and economic sanctions laws. You represent that you are not located in, and are not ordinarily resident in, a country or territory that is the subject of comprehensive United States economic sanctions, and that you are not a person with whom dealings are prohibited under those laws.
15. Reporting, Moderation and Enforcement
15.1 The Service provides tools which allow you to report content and to block or report another Member. We encourage you to use those tools where you encounter content or conduct that concerns you.
15.2 We may review reports and other signals and may take action which we consider appropriate and proportionate, including issuing a warning, removing or restricting content, limiting the availability of a feature, removing a Member from a Posse, suspending an Account, or terminating an Account.
15.3 We will normally act on the basis of a report or of information otherwise available to us. Because Posses are private, we do not routinely monitor their content, and our ability to detect a breach without a report is limited.
15.4 We may act immediately and without prior notice where we consider that content or conduct presents a risk to the safety of a person, in particular a minor, or where immediate action is required by Applicable Law.
15.5 If we take enforcement action against your Account or your content, we will where practicable inform you of the action taken and the general reason for it, and you may contest that action by contacting us using the details in Section 25. We will review a contested decision in good faith.
15.6 Content relating to the sexual exploitation or abuse of children is addressed under the Child Safety Standards Policy. We report such content to the National Center for Missing and Exploited Children and to law enforcement as required by Applicable Law.
16. Intellectual Property
16.1 The Service, including the application, the Website, the software, the prompt library, the mood characters and artwork, the visual design, the text and all other material we provide, and all intellectual property rights in them, are owned by MyPosse or its licensors and are protected by copyright, trademark and other laws.
16.2 Subject to your compliance with these Terms, we grant you a limited, personal, non exclusive, non transferable, revocable licence to install and use the application on a device that you own or control, and to access the Service, for your own personal and non commercial use. The full terms of that licence are set out in the End User Licence Agreement below.
16.3 "MyPosse", the MyPosse logo and the names of features of the Service are trademarks of MyPosse. You may not use them without our prior written consent.
16.4 Except as expressly stated, no right or licence is granted to you in respect of the Service, and all rights not expressly granted are reserved.
16.5 If you provide us with feedback, suggestions or ideas concerning the Service, you grant us a perpetual, irrevocable, royalty free right to use them without restriction and without obligation to you.
16.6 Claims of copyright infringement are handled in accordance with the Copyright and DMCA Policy below, which sets out our notice and takedown and counter notification procedures.
17. Third Party Services and Platform Provisions
17.1 The Service relies on third party providers, which may include cloud hosting, authentication, analytics, push notification and payment providers. Categories of provider are described in the Privacy Policy.
17.2 The Service may contain links to third party websites or resources. We do not control them, we do not endorse them, and we are not responsible for their content, their availability, or their privacy practices. Your use of a third party service is governed by that third party's terms.
17.3 These Terms are between you and MyPosse only, and not with Apple Inc. or Google LLC. MyPosse, and not Apple or Google, is solely responsible for the Service and its content.
17.4 Apple and Google have no obligation to furnish any maintenance or support services in respect of the Service, and no obligation to address any claim by you or any third party relating to the Service, including any product liability claim, any claim that the Service fails to conform to a legal or regulatory requirement, and any claim arising under consumer protection or similar legislation.
17.5 In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price paid for the application, if any. To the maximum extent permitted by Applicable Law, Apple has no other warranty obligation whatsoever with respect to the application.
17.6 Apple and its subsidiaries are third party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple has the right, and is deemed to have accepted the right, to enforce these Terms against you as a third party beneficiary. Google is likewise a third party beneficiary of these Terms to the extent required by the Google Play terms applicable to the Service.
17.7 You represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties.
18. Notifications and Electronic Communications
18.1 You consent to receive communications from us electronically, including in application messages, push notifications, emails and, where you have provided a mobile telephone number and given any required consent, text messages. You agree that electronic communications satisfy any legal requirement that a communication be in writing.
18.2 We send transactional and service communications, such as verification codes, security alerts, billing notices and notices of changes to these Terms. You cannot opt out of essential service communications while you hold an Account.
18.3 We send engagement notifications, such as reminders about Anchor Questions, Streaks and Posse activity. You may control these through the notification preferences in the Service and through your device settings.
18.4 Message and data rates may apply to communications sent to your mobile device. You are responsible for those charges.
19. Privacy
19.1 Our collection and use of personal information in connection with the Service is described in the Privacy Policy, which forms part of these Terms.
19.2 Information relating to mood, including Mood Entries, is additionally addressed in the Consumer Health Data Privacy Notice, which describes how such information is collected, used, shared and deleted, and how you may exercise rights in respect of it.
19.3 Content shared within a Posse is visible to the Members of that Posse. Our privacy commitments govern what MyPosse does with your information. They do not and cannot control what other Members do with content you choose to share with them.
19.4 The Service does not offer end to end encrypted messaging. Content is transmitted using transport encryption and stored using the security measures described in the Privacy Policy, but it is technically accessible to us in the operation of the Service.
20. Term, Suspension, Termination and Deletion
20.1 These Terms apply from the moment you first access the Service and continue until terminated in accordance with this Section.
20.2 You may stop using the Service at any time. You may delete your Account through the Service or by contacting us using the details in Section 25. Uninstalling the application does not delete your Account or cancel any subscription.
20.3 We may suspend or terminate your access to the Service, in whole or in part, where you have materially breached these Terms or any incorporated policy, where required by Applicable Law, where necessary to protect the safety of Users or the integrity of the Service, or where we cease to provide the Service.
20.4 On deletion of your Account we will delete or de identify the personal information associated with it in accordance with the Privacy Policy, subject to any retention required by Applicable Law or necessary for the establishment, exercise or defence of legal claims.
20.5 You acknowledge that content you contributed to a Posse, including Anchor Question answers, Journal entries and shared media, may remain visible to other Members of that Posse after you leave the Posse or delete your Account, because that content forms part of a shared record contributed to by multiple people. Where you wish such content to be removed, contact us using the details in Section 25 and we will consider your request in accordance with Applicable Law.
20.6 Sections 11 to 13, 16 and 21 to 25, and any other provision which by its nature should survive, will survive termination.
21. Disclaimers
21.1 To the maximum extent permitted by Applicable Law, the Service is provided on an "as is" and "as available" basis, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, title, accuracy or non infringement.
21.2 We do not warrant that the Service will be uninterrupted, timely, secure or error free, that defects will be corrected, or that content or data will not be lost. You should maintain your own copies of any material that is important to you.
21.3 We do not endorse, verify or assume responsibility for User Content, and we make no representation as to its accuracy, reliability or lawfulness.
21.4 We do not warrant any outcome from use of the Service, including any social, relational, emotional or wellbeing outcome.
21.5 Some jurisdictions do not permit the exclusion of certain warranties. Where that is the case, the exclusions in this Section apply to the fullest extent permitted, and any warranty which cannot lawfully be excluded is limited in duration to the shortest period permitted by Applicable Law.
22. Limitation of Liability
22.1 To the maximum extent permitted by Applicable Law, MyPosse and its officers, directors, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, data or content, arising out of or in connection with the Service or these Terms, whether based in contract, tort, strict liability or otherwise, and whether or not we have been advised of the possibility of such damages.
22.2 To the maximum extent permitted by Applicable Law, the total aggregate liability of MyPosse arising out of or in connection with the Service and these Terms will not exceed the greater of the amount you paid to us, or through a Platform in respect of the Service, in the twelve months preceding the event giving rise to the claim, or one hundred United States dollars.
22.3 We are not liable for the conduct of any other User, for any content shared by any other User, or for any act or omission of any Member of a Posse, whether occurring within or outside the Service.
22.4 Nothing in these Terms excludes or limits liability which cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence where such limitation is prohibited.
22.5 Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. In those jurisdictions our liability is limited to the greatest extent permitted by Applicable Law.
22.6 The allocation of risk in Sections 21 and 22 is an essential element of the basis of the bargain between you and MyPosse and applies even if a limited remedy fails of its essential purpose.
23. Indemnification
23.1 To the maximum extent permitted by Applicable Law, you agree to indemnify and hold harmless MyPosse and its officers, directors, employees and agents from and against any claim, demand, loss, liability, damage, cost or expense, including reasonable legal fees, arising out of or in connection with: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms or any incorporated policy; (d) your violation of Applicable Law; or (e) your violation of the rights of any third party, including any Member of a Posse and any person depicted in or identified by your User Content.
23.2 We will notify you of any claim in respect of which we seek indemnification and may, at our option, assume the exclusive defence and control of that claim. You will cooperate with us in the defence of any such claim and will not settle any claim in a manner that imposes any obligation or admission on us without our prior written consent.
24. Dispute Resolution, Arbitration and Class Action Waiver
24.1 Please read this Section carefully. It requires most disputes between you and MyPosse to be resolved by binding individual arbitration rather than in court, and it waives your right to participate in a class action or representative proceeding.
24.2 Before commencing arbitration, you and MyPosse agree to attempt to resolve the dispute informally. The party raising the dispute must send a written notice describing the dispute and the relief sought to the other party, using the contact details in Section 25 in the case of a notice to MyPosse. The parties will then attempt in good faith to resolve the dispute for a period of thirty days from receipt of that notice.
24.3 If the dispute is not resolved within that period, it will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, as modified by these Terms. The arbitration will be conducted by a single arbitrator. The arbitrator has exclusive authority to resolve any dispute concerning the interpretation, applicability, enforceability or formation of this arbitration agreement, save as provided in Section 24.6.
24.4 The arbitration may be conducted by telephone, by video conference, on written submissions, or in person in the county in which you reside or at another mutually agreed location. The Federal Arbitration Act governs the interpretation and enforcement of this Section.
24.5 You and MyPosse agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated or representative proceeding. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of representative proceeding.
24.6 Notwithstanding the foregoing, either party may bring an individual action in a small claims court of competent jurisdiction, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
24.7 If the class action waiver in Section 24.5 is held to be unenforceable in relation to a particular claim, that claim will be severed from the arbitration and may be brought in a court of competent jurisdiction, while all other claims will proceed in arbitration.
24.8 You may reject this arbitration agreement by sending written notice of rejection to us using the contact details in Section 25 within thirty days of the date on which you first accept these Terms. Your notice must include your name, the email address associated with your Account, and a clear statement that you reject the arbitration agreement. Rejecting the arbitration agreement will not affect any other part of these Terms.
24.9 Nothing in this Section prevents you from bringing a matter to the attention of a federal, state or local regulatory authority, and such an authority may seek relief against us on your behalf if Applicable Law so permits.
25. General Provisions and Contact
25.1 Governing law. These Terms and any dispute arising out of or in connection with them are governed by the laws of the State of [State] and, where applicable, the federal law of the United States, without regard to conflict of law principles. Where a dispute is not subject to arbitration, the state and federal courts located in [State] will have exclusive jurisdiction, and you consent to the personal jurisdiction of those courts. If you are a consumer resident in a jurisdiction whose law entitles you to the protection of mandatory local consumer rules, nothing in this Section deprives you of that protection.
25.2 Changes to these Terms. We may amend these Terms from time to time. Where a change is material we will provide notice through the Service, by email, or by another reasonable means before it takes effect, and will update the Effective Date. Your continued use of the Service after a change takes effect constitutes acceptance of the amended Terms. If you do not accept an amendment, you must stop using the Service and may delete your Account.
25.3 Assignment. You may not assign or transfer these Terms or any right under them without our prior written consent. We may assign these Terms to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of all or substantially all of our assets, on notice to you.
25.4 Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed, and the remaining provisions will continue in full force.
25.5 No waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
25.6 Force majeure. We are not liable for any failure or delay in performance caused by an event beyond our reasonable control, including act of God, natural disaster, epidemic, war, civil unrest, act of terrorism, industrial action, failure of a telecommunications or hosting provider, power failure, or governmental action.
25.7 Entire agreement. These Terms, together with the documents incorporated by reference in Section 1.3, constitute the entire agreement between you and MyPosse in respect of the Service, and supersede all prior understandings relating to its subject matter.
25.8 Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and MyPosse.
25.9 Interpretation. Headings are for convenience only. "Including" means including without limitation. References to a statute include that statute as amended and any subordinate legislation made under it.
25.10 Contact. Questions, notices and complaints relating to these Terms may be sent to MyPosse LTD. at [Company Address], or by email to support@myposse.app. Further information about the Service is available at [Website URL].