Last Updated: February 15, 2026
1. Acceptance of Terms
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and InTown ("we," "us," "our," or "Company") governing your access to and use of the InTown mobile application (the "App"), including all content, functionality, and services offered on or through the App.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
These Terms incorporate by reference our Privacy Policy, which is available within the App and describes how we collect, use, and disclose information about you.
2. Eligibility
2.1 Age Requirements
You must be at least 13 years of age to use the App. If you are under 18 years of age (or the age of legal majority in your jurisdiction), you may only use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Users under 13 are strictly prohibited from using the App.
2.2 Account Authority
By creating an account, you represent and warrant that:
- (a) All registration information you submit is truthful and accurate;
- (b) You will maintain the accuracy of such information;
- (c) You are not prohibited from using the App under applicable law;
- (d) Your use of the App will not violate any applicable law or regulation.
3. Account Registration and Security
3.1 Account Creation
To access certain features of the App, you must register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to maintain its accuracy. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
3.2 Account Security
You must immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations. You may not use another user's account without permission.
3.3 Phone Number Verification
Your account is tied to your verified phone number. You may not create multiple accounts using the same phone number or transfer your account to another person without our express written permission.
4. User Conduct and Prohibited Activities
4.1 Acceptable Use
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to use the App:
- (a) In any way that violates any applicable federal, state, local, or international law or regulation;
- (b) To transmit, or procure the sending of, any advertising or promotional material without our prior written consent;
- (c) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
- (d) To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the Company or users of the App or expose them to liability.
4.2 Prohibited Activities
Additionally, you agree not to:
- (a) Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party's use of the App;
- (b) Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any material on the App;
- (c) Use any manual process to monitor or copy any material on the App or for any other unauthorized purpose;
- (d) Use any device, software, or routine that interferes with the proper working of the App;
- (e) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- (f) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App;
- (g) Attack the App via a denial-of-service attack or a distributed denial-of-service attack;
- (h) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the App;
- (i) Harvest, collect, or store personal information about other users without their express consent;
- (j) Use the App to stalk, harass, threaten, or otherwise violate the legal rights of others;
- (k) Use the App to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
4.3 Location Services Misuse
You agree not to use location spoofing, VPNs, or other technologies to falsify your location for the purpose of manipulating the App's features or misleading other users about your whereabouts.
5. Intellectual Property Rights
5.1 Ownership
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by InTown, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control for your personal, non-commercial use only.
5.3 Restrictions
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the App, except as incidentally necessary for your personal use as contemplated by these Terms. You may not access or use for any commercial purposes any part of the App or any services or materials available through the App.
6. User Content
6.1 User-Generated Content
The App may allow you to upload, submit, store, send, or receive content, including but not limited to text, photographs, videos, messages, and location data ("User Content"). You retain all ownership rights in your User Content.
6.2 License Grant
By uploading or submitting User Content to the App, you grant InTown a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the App and our business, including for promoting and redistributing part or all of the App.
6.3 Content Responsibility
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:
- (a) You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use your User Content as specified in these Terms;
- (b) Your User Content does not and will not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- (c) Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
6.4 Content Monitoring and Removal
We have the right, but not the obligation, to monitor, edit, or remove any User Content that we determine in our sole discretion violates these Terms or is otherwise objectionable. We reserve the right to remove User Content at any time and for any reason without notice.
7. Location Services
7.1 Location Data Collection
The App's core functionality relies on collecting and processing your location data. By using the App, you explicitly consent to the collection, use, and sharing of your location data as described in our Privacy Policy.
7.2 Background Location
If you grant "Always Allow" location permissions, the App will collect your location data even when the App is closed or not in use. This enables real-time notifications when you and your friends are in the same area. You can disable background location tracking at any time through your device settings.
7.3 Location Accuracy
While we strive to provide accurate location information, location data may not always be precise and can be affected by various factors including device settings, network conditions, and environmental interference. We do not guarantee the accuracy, completeness, or timeliness of location data.
8. Third-Party Services and Links
The App may contain links to third-party websites, services, or resources that are not owned or controlled by InTown. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that InTown shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
9. Disclaimers and Warranties
9.1 "AS IS" and "AS AVAILABLE" Basis
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INTOWN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 No Guarantee of Availability
We do not warrant that:
- (a) The App will function uninterrupted, secure, or available at any particular time or location;
- (b) Any errors or defects will be corrected;
- (c) The App is free of viruses or other harmful components;
- (d) The results of using the App will meet your requirements.
9.3 User Responsibility
Your use of the App and any content is solely at your own risk. You are solely responsible for any damage to your mobile device, loss of data, or other harm that results from your use of the App.
9.4 State-Specific Disclaimers
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you. If you are a consumer residing in a jurisdiction that provides consumer protection laws, the limitations or exclusions in these Terms may not apply to the extent such laws apply.
10. Limitation of Liability
10.1 General Limitations
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INTOWN, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- (a) Your access to or use of or inability to access or use the App;
- (b) Any conduct or content of any third party on the App;
- (c) Any content obtained from the App;
- (d) Unauthorized access, use, or alteration of your transmissions or content, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
10.2 Monetary Cap
IN NO EVENT SHALL INTOWN'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID INTOWN IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
10.3 State-Specific Limitations
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
11. Indemnification
You agree to defend, indemnify, and hold harmless InTown and its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
- (a) Your violation of these Terms;
- (b) Your use of the App, including but not limited to your User Content;
- (c) Your violation of any law or the rights of a third party;
- (d) Any other party's access and use of the App with your unique username, password, or other appropriate security code.
12. Dispute Resolution and Arbitration
12.1 Binding Arbitration
Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the App (collectively, "Disputes") will be resolved by binding arbitration, rather than in court.
12.2 Arbitration Rules
The arbitration will be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules.
12.3 Arbitration Process
The arbitration shall be conducted in the English language. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
12.4 Class Action Waiver
YOU AND INTOWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and InTown agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.
12.5 Exceptions to Arbitration
Notwithstanding the foregoing, you or InTown may bring an individual action in small claims court. Additionally, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party's patent, copyright, trademark, or trade secret shall not be subject to this arbitration agreement.
12.6 Opt-Out Right
You have the right to opt out of binding arbitration within 30 days of first accepting these Terms by sending written notice of your decision to opt out to: legal@intown.app. The notice must include your name, address, username, and a clear statement that you want to opt out of this arbitration agreement. If you opt out of this arbitration agreement, InTown also will not be bound by it.
13. Governing Law and Jurisdiction
13.1 Governing Law
These Terms and any dispute or claim arising out of or related to them, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.
13.2 Venue
Any legal suit, action, or proceeding arising out of or related to these Terms or the App that is not subject to arbitration shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
14. Termination
14.1 Termination by User
You may terminate your account at any time by following the account deletion process within the App settings. Upon termination, your right to use the App will immediately cease.
14.2 Termination by InTown
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason whatsoever, including but not limited to if you breach these Terms. Upon termination, your right to use the App will immediately cease.
14.3 Effect of Termination
Upon termination of your account:
- (a) All licenses and rights granted to you in these Terms will immediately terminate;
- (b) You must immediately cease all use of the App;
- (c) We will delete your personal information in accordance with our Privacy Policy;
- (d) Sections 5 (Intellectual Property), 6.2 (License Grant), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 12 (Dispute Resolution), and 15 (Miscellaneous) shall survive termination.
15. Modifications to Terms
15.1 Right to Modify
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect through in-app notifications, email, or by posting a notice on the App.
15.2 Acceptance of Changes
By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the App and delete your account.
15.3 Version Control
The "Last Updated" date at the top of these Terms indicates when the Terms were last revised. We recommend that you review these Terms periodically to stay informed of any changes.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the App, constitute the entire agreement between you and InTown concerning your use of the App and supersede all prior agreements and understandings, whether written or oral.
16.2 Waiver and Severability
No waiver by InTown of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired.
16.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
16.4 Force Majeure
InTown shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
16.5 No Third-Party Beneficiaries
These Terms do not and are not intended to confer any rights or remedies upon any person other than you and InTown.
16.6 Relationship of Parties
You and InTown are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
16.7 Notices
Any notices or other communications provided by InTown under these Terms, including those regarding modifications to these Terms, will be given by posting to the App, through in-app notifications, or via email (if you have provided an email address). You consent to receive communications from us electronically, and you agree that these electronic communications satisfy any legal requirement that such communications be in writing.
16.8 Export Controls
You may not use, export, or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
17. California Residents
If you are a California resident, in accordance with Cal. Civ. Code ยง 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
18. Contact Information
If you have any questions about these Terms, please contact us at:
- Email: contact@intownsocial.com
Acknowledgment
BY CLICKING "I ACCEPT," DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.
This document was last updated on February 15, 2026.