These Terms of Service ("Terms") govern your access to and use of the Scouter mobile application (the "App"), operated by Scouter ("we," "our," or "us"). By using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.
You must be at least 13 years old to use Scouter. By using the App, you represent that you meet this requirement and that you have the legal capacity to enter into these Terms.
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at info@joinscouter.app if you suspect unauthorized use of your account.
If you submit a business listing or content (including videos, photos, and descriptions), you represent that you have the right to submit it and that it does not violate any third party's rights. We may review, remove, or reject any listing or content that violates these Terms or our content guidelines, at our discretion.
By submitting content, you grant Scouter a non-exclusive, worldwide, royalty-free license to host, display, and distribute that content within the App for the purpose of operating and promoting the App.
You agree not to: post false, misleading, or infringing content; impersonate a business you are not authorized to represent; attempt to disrupt or reverse-engineer the App; or use the App for any unlawful purpose.
Listing a business on Scouter is currently free of charge. We reserve the right to introduce paid features in the future, and will provide notice before any such changes take effect.
Business listings and videos are manually reviewed before they become visible to other users, and may be removed or suspended if they violate our guidelines.
The App, including its design, features, and branding, is owned by Scouter and protected by intellectual property laws. You may not copy, modify, or distribute any part of the App without our prior written consent.
The App may link to third-party sites and social media profiles (such as Instagram, TikTok, or a business's website). We are not responsible for the content or practices of those third parties.
We may suspend or terminate your access to the App at any time, with or without notice, for conduct that violates these Terms or is otherwise harmful to other users, us, or third parties.
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT BUSINESS LISTINGS ARE ACCURATE, COMPLETE, OR CURRENT AT ALL TIMES.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SCOUTER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Scouter and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with: (a) your access to or use of the App; (b) your User Content or business listing; (c) your violation of these Terms; or (d) your violation of any rights of a third party.
These Terms and any dispute arising out of or related to them or the App will be governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws principles, and without regard to the United Nations Convention on Contracts for the International Sale of Goods.
13.1 Informal Resolution First. Before filing a claim against Scouter, you agree to first contact us at info@joinscouter.app and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved this way.
13.2 Binding Arbitration. If a dispute is not resolved informally, you and Scouter agree that any dispute, claim, or controversy arising out of or relating to these Terms or the App will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except as set forth below. This includes disputes about the scope, validity, or enforceability of this arbitration provision itself. The arbitration will be conducted by a single arbitrator and may be conducted remotely or based on written submissions where practical.
13.3 Class Action Waiver. You and Scouter agree that any arbitration or legal proceeding will be conducted only on an individual basis and not as a class, collective, or representative action. Neither you nor Scouter may act as a class representative or participate as a member of any class of claimants, and the arbitrator may not consolidate more than one person's claims.
13.4 Exceptions. Notwithstanding the above: (a) either party may bring an individual claim in small claims court instead of arbitration, if the claim qualifies; (b) this arbitration agreement does not apply to disputes relating to sexual assault or sexual harassment, which may be brought in court as permitted by applicable federal law; (c) either party may seek public injunctive relief in court to the extent such relief cannot be waived under applicable law; and (d) either party may seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.
13.5 Opt-Out. You may opt out of this arbitration agreement by sending written notice to info@joinscouter.app within 30 days of first creating your account, stating your name and that you decline to be bound by this arbitration provision. If you opt out, disputes will instead be resolved in the courts described in Section 13.6, and all other provisions of these Terms will remain in effect.
13.6 If Arbitration Doesn't Apply. For any dispute not subject to arbitration (including if you opt out under Section 13.5, or if a claim falls under one of the exceptions in Section 13.4), you and Scouter agree that any legal action or proceeding shall be brought exclusively in the courts located in Pennsylvania, and you consent to the personal jurisdiction of such courts.
We may modify or discontinue the App, in whole or in part, at any time without liability. We may also revise these Terms from time to time. If we make material changes, we will provide notice (such as through the App or by email) before the changes take effect. Your continued use of the App after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the App.
15.1 Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.
15.2 Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
15.3 No Waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
15.4 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
15.5 Force Majeure. We will not be liable for any failure or delay in performance resulting from causes beyond our reasonable control.
15.6 Contact. If you have questions about these Terms, please contact us at info@joinscouter.app.