Terms of Service

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

• Application means the software program provided by the Company downloaded by You on any electronic device, named Friday
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: California, United States
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Friday, Inc., 1395 22nd Street, CA 94107.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Application.
• Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content provided by a third-party that may be displayed, included or made available by the Service.
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company 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 the use of or reliance on any such content, goods or services available on or through any such web sites or services.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Refund Policy

At this time, the Company does not offer refunds for any payments made for the Service. All sales are final. By purchasing a subscription to the Service, You acknowledge and agree that You will not be entitled to a refund for any purchase under any circumstances.

Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution

Before initiating arbitration, You agree to first attempt to resolve any dispute informally by sending a written notice to founders@friday.so describing the nature of the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute within 30 days of receipt of that notice. If the dispute is not resolved within 30 days, either party may proceed to arbitration as described below.

Binding Arbitration

Except for disputes that qualify for small claims court (see below), You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service — including claims arising under California's Invasion of Privacy Act (CIPA) or any other privacy or wiretapping statute — shall be resolved exclusively by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in effect at the time of the dispute, rather than in court.

The arbitration shall be conducted in San Francisco, California. The arbitrator shall apply California substantive law. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Each party shall bear its own attorneys' fees and costs. JAMS administrative fees shall be allocated in accordance with JAMS rules; if JAMS rules require the Company to pay a greater share of such fees, the Company will do so.

Class Action Waiver

You and the Company each agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and the Company each waive any right to a jury trial and agree that such claim shall be brought only on an individual basis.

If the class action waiver in this section is found to be unenforceable with respect to a particular claim or set of claims, then that claim or set of claims shall be severed from arbitration and may proceed in court, while the remaining claims proceed in arbitration.

Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes or claims within that court's jurisdiction, provided the action remains in small claims court and is not removed or appealed to a court of general jurisdiction.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to founders@friday.so within 30 days of the date You first accept these Terms. Your notice must include your name, email address, and a clear statement that You wish to opt out of arbitration. If You opt out, neither party will be bound by this arbitration provision, but all other terms will remain in effect.

Severability

If any part of this Dispute Resolution and Arbitration section (other than the class action waiver) is found to be invalid or unenforceable, the remainder of this section will continue in full force and effect.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: founders@fridaymail.ai