Terms of Use — Labour The App

We recognize that reading Terms of Use may not be a favorite labour of love and it’s tempting not to, but it’s important to establish what you can expect from us as you use Labour the App services and what we expect from you.

Labour the App
Terms of Use

Introduction

Please read the following Terms of Use (this “Agreement” or “Terms” for short) carefully before using the PPL LLC (“Labour the App,” “Company,” “we,” “our,” or “us”) mobile application and/or website, located at LabourTheApp.com, or participating in the use of this mobile application or in any online features, products and services offered by us (collectively, the “Services”). These Terms apply to all of our Services. Besides these terms, we also publish a LabourTheApp.com/privacy-policy (“Privacy Policy”). We encourage you to read it to better understand how you can update, manage, export, and delete your information.

Understanding these terms is important, and to use the Services you must accept them.

This Agreement is a legally binding contract between you and PPL LLC at 2140 South DuPont Hwy Camden, DE 19934. Access to and use of Labour the App’s Services is expressly conditioned upon acceptance of this Agreement. If you do not agree to these Terms, you will not be able to access the Services.

By creating an account or accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.

These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction, and venue of any disputes. By accessing or using the Services, you are entering into a legal contract with us regarding your use of the Services. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Services.

By accepting this agreement, you affirm that you: (a) have read this Agreement and agree to abide by its terms and the other terms incorporated into it by reference; and (b) have reviewed and consent to the Privacy Policy; (c) agree not to use the respective service or content for any other purposes as described in these Terms.

2. When do these Terms apply?

These Terms apply to all use of Labour the App’s mobile application (the “App”), and our website and microsites (such as LabourTheApp.com), including any products and services (such as our surveys) related to it (the “Website”) (all collectively, the “Services”).

These Terms do not apply to any other web page operated and/or owned by anyone other than Labour the App and its affiliates, including, but not limited to, any website, mobile application, blog, social media site, or other material. When visiting these third-party websites and other properties, you should refer to the terms and conditions in effect for that website or property.

3. Who Can Access Labour the App Services?

You must be at least 18 years old to use Labour the App.

The Services are not intended or designed to attract anyone under the age of eighteen (18). You affirm that you are more than eighteen (18) years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with this Privacy Policy. Labour the App does not knowingly collect any information about or market to children, minors, or anyone under the age of 18. If we become aware that a child, minor or anyone under the age of 18 has registered with us and provided us with personal information, we will take steps to terminate that person’s registration.

4. App, Features, and Company’s Content are not intended to provide medical advice, diagnosis, or treatment

PLEASE BE ADVISED THAT NOTHING CONTAINED, POSTED, OR PUBLISHED ON THE SERVICES SHOULD BE CONSTRUED OR INTERPRETED AS MEDICAL ADVICE. FOR MEDICAL ADVICE, PLEASE CONSULT YOUR PHYSICIAN.

LABOUR THE APP IS NOT A LICENSED MEDICAL CARE PROVIDER AND THE SERVICES ARE NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE, TREAT OR MANAGE ANY ILLNESS OR MEDICAL CONDITION, OR SERVE AS A BIRTH CONTROL METHOD OR CONTRACEPTION. PLEASE CONSULT WITH A LICENSED PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR HEALTH AND SAFETY OR THAT OF YOUR FAMILY OR FETUS. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE SERVICES. ALWAYS CONSULT WITH YOUR HEALTHCARE PROFESSIONAL IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH OR CONDITION OR EXPERIENCE ANY CHANGES IN YOUR CONDITION OR HEALTH STATUS. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL EMERGENCY SERVICES OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.

WE DISCLAIM LIABILITY FOR ANY ERRORS OR OMISSIONS, OR FOR UNINTENDED TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE PROVIDED MATERIALS, AS WELL AS ANY VIOLATION OF ANY ETHICAL OR MORAL STANDARDS APPLICABLE IN YOUR COMMUNITY TO SEXUAL EDUCATION AND RELATED MATERIALS.

5. User Account, Password, and Security

To the extent that a user account is created by you to access and use the Services (“Account”), the following will apply:

(a) Account

To access certain features, the Company’s Content (as defined below) and/or User Content (as defined below) available through the Services, we may require that you sign up using your name, email address and a password to create an Account and profile about you (a “Profile”). If you do not create an Account and Profile, you may not have access to certain functionality of the Services. We use reasonable precautions to protect the privacy of your profile name, password, and Account information. You, however, are ultimately responsible for protecting your profile name, password, and Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies, if any. You agree to: (i) immediately notify us of any unauthorized use of your profile name, password, or Account, or any other breach of security; (ii) ensure that you exit from your Account at the end of each session; and (iii) use a security passcode to secure your device where your Account information is stored. You grant the Company and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. You further acknowledge and agree that Services and Account are designed and intended for personal use on an individual basis, and you should not share your account and/or password details with another individual.

While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received arising from the using the Services, and shall not be responsible for any losses arising out of the unauthorized use of your account or information resulting from you not following these rules.

(b) Accurate Information

In creating and using your Account and Profile, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Services, including, but not limited to, your email address (such information being the “Registration Information”); and (ii) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your Account and refuse any and all current or future use of your Account.

Each user is only permitted to have one Account. Accounts and profile names are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with his, her or their profile name and password. You agree that you are solely responsible for activity that occurs under your Account. We are entitled to act on all instructions received by anyone using your Account, and we reserve the right to pursue any and all claims against any user of your Account.

(d) Account Deactivation

We reserve the right to deactivate or cancel a Account in our sole discretion, including for the following reasons: (i) you request such deactivation; (ii) you are deceased; (iii) you do not respond to repeated communication attempts regarding the status of your Account; (iv) you fail to make payments related to your Account (if applicable); (v) you reside in or relocate to a country where use of an Account is prohibited under applicable law; or (vi) you act in a fraudulent or an inappropriate manner while using the Account. You will be responsible for all charges incurred up until the time the account is deactivated, if applicable.

6. Limited License to the App

(a) Subject to these terms, we grant you a personal, revocable, non-transferable, and non-exclusive license to access and use the Services for personal and non-commercial purposes in accordance with the terms of this Agreement. The Services are provided to you as a convenience and for your information only. By merely providing you access to and use of the Services, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on the Services (collectively, the “Company’s Content”) is accurate or complete; (b) the Company’s Content is up-to-date or current; (c) we have any obligation to update any of the Company’s Content; (d) the Company’s Content is free from technical inaccuracies or programming or typographical errors; (e) the Company’s Content is free from changes made by a third party; (f) your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the Services is or will be accurate or complete.

(b) You may not copy, store, modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the App without prior express written permission from the Company which may be withheld for any or no reason. You further agree not to download, display or use any content on the Services that is provided by the Company or its licensors located on the Services for use in any publications, in public performances, on websites other than the Services for any other commercial purpose, in connection with products or services that are not those of the Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits the Company and/or its licensors, that dilutes the strength of the Company or its licensor's property, or that otherwise infringes the Company or its licensors’ intellectual property rights. You further agree to in no other way misuse any content published by the Company or third-party content that appears on the Services.

(c) All rights, title, and interest in and to the Services not expressly granted in this Agreement are reserved by the Company. If you wish to use the Company’s software, title, trade name, trademark, service mark, logo, domain name and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to hello@labourtheapp.com.

7. Services Use and Company’s Content

(a) Use of the Services

To avoid any doubt, the ownership of the Services, Company’s Content, and all rights therein are and will remain with Labour the App. The Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the Services, including but not limited to visual interfaces, interactive features, graphics, design, compilation of User Content (as defined below), and the compilation of aggregate user review ratings and all other elements and components of the Services, excluding User Content. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us. Any special rules for any software, downloads, and other items accessible through the Services may be included elsewhere in the Services and are incorporated into these Terms by reference.

Any content you submit through the App is governed by the Company’s Privacy Policy. If you think you may have a medical emergency, call your doctor or emergency services immediately. As a condition of using the App, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

(b) Restrictions on Use

You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Services, or disassemble the Services, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Services, except as may be permitted by applicable law; (iv) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Services, or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; (v) attempt to gain unauthorized access to or impair any aspect of the Services, or the related systems, servers, or networks; (vi) use the Services to stalk, harass or harm another individual, or in any way that is in violation of any law or regulation; (vii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (viii) use any portion of the Services or any of the Company’s Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; (ix) use or access the Services to compile data in a manner that is used or usable by a competitive product or service; (x) use the predicted fertile windows or ovulation estimates as a form of birth control or to facilitate conception; or (xi) use data, content, or features from the Services to diagnose, treat, or mitigate any health conditions.

Any such forbidden use shall immediately terminate your license to use the Services. Labour the App is granting you permission to use the Services, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, the permission granted you to use the Services will be revoked, and you will no longer be authorized to use it.

In addition to the other restrictions set forth herein, while using the Services, you agree that you will not engage in the following activities:

Using the Services to promote violence, degradation, subjugation, discrimination or hatred against individuals or groups based on race, color, ethnicity, national origin, age, gender, gender identity, gender expression, sexual orientation, disability, physical appearance, body size, or religion.
Using the Services for any unlawful activities or in violation of any laws, regulations, or contractual provisions, or to induce others to do or engage in the same.
Providing User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another’s intellectual property rights, unlawful, or otherwise offensive, as determined by Labour the App in its sole discretion.

(d) Use at your own risk

Our goal is to help make certain health-related information more readily available and useful to you. However, the Services cannot and do not guarantee health-related improvements or outcomes. Your use of the Services and any information, predictions, or suggestions provided in the Services are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, estimates, and predictions that we may provide to you through the Services, and you agree and understand that the Services is not intended to match or serve the same purpose as a medical or scientific device or healthcare provider.

8. Privacy and Electronic Communication

We know that privacy is very important to you, and it is very important to us as well. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy. By using the Services, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

9. License to User Content

(a) The Services enable you to log and share certain information into the App (collectively, “User Content”). You retain all rights to such User Content that you log or share in the App. By providing your User Content to the App, you (a) grant the Company a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for the Company’s promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform in the internet as we may deem appropriate), subject to the Privacy Policy; and (b) you agree to indemnify the Company and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the User Content and/or your failure to comply with the terms described in this Agreement.

(b) The Company reserves the right to review all User Content prior to submission to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.

10. Objectionable Material

You acknowledge that, in using the Services and accessing the Company Content and/or the User Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk and that we will have no liability to you for material that you may find disturbing, objectionable or offensive.

11. Subscriptions and billing

(a) Subscriptions. We may offer you the opportunity to purchase subscriptions that provide access to certain content, products, or services for a specified period of time. Subscriptions will renew automatically at least 24 hours prior to the end of the current subscription period. Subscriptions will continue indefinitely unless you cancel your subscription and turn off the auto-renewal feature prior to the last 24 hours of the end of the current subscription period. If you do not turn off the auto-renewal feature and cancel your subscription prior to renewal, you will continue to be charged for subscribed services. You can manage your subscription by the account owner by opening the Settings app on your iPhone, tap the account owner name and tap subscriptions, then tap Labour the App subscription. For more information, please visit the link https://support.apple.com/en-us/HT202039.

(b) Certain content, products or services included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren’t working out as planned. The features and content contained in the Services may differ by version or device.

(c) By accessing Labour the App you agree that your purchases are not contingent on the provision of any future functionality or features, or dependent on any oral or written public statements, and comments made by Labour the App regarding such functionality or features.

(d) Labour the App mobile application is available via the third-party platform operator Apple App Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.

(e) Billing. You may purchase the subscription on a recurring basis disclosed to you prior to your purchase through a third party by paying a subscription fee plus applicable taxes in advance.

(f) Trial. Some of our subscriptions include a trial period, where you can experience the application for a specified period at no cost or at a reduced price (“Trial”). Trials will automatically convert into ongoing paid subscriptions at the end of the trial period. To avoid being charged, you must cancel your subscription at least 24 hours before the expiration of the trial period. Please review all applicable terms carefully before you sign up for Trial.

(g) Price and tax changes. Labour the App may from time to time make changes to subscription, including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the subscription after the price change takes effect, you will have accepted the new price. If you don’t agree to a price change, you can reject the change by unsubscribing from the applicable subscription prior to the price change going into effect. If we discover an error in the price of items you have purchased, we will contact you. You will have the option of either reconfirming your order at the correct price or canceling it. If we are unable to contact you, your purchase will be automatically canceled. Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate will be automatically applied based on the account information you provide.

(h) Renewal. Your payment to a third party through which you purchased the subscription will automatically renew at the end of the applicable subscription period unless you cancel your subscription before the end of the then-current subscription period.

(i) Cancellation. You must cancel your subscription or Trial before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your subscription through a third party, contact them for information about billing, cancellation, and refunds.

(j) Promotional offers. From time to time, you may have the opportunity to purchase a subscription in the form of Promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, subscription automatically continues at the then-current regular price (subject to change), unless canceled, plus applicable taxes.

12. DISCLAIMERS

(a) No Warranties for Services

The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.

When using the Services, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Company’s Content, the User Content, or any other information transmitted in connection with the use of the Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE COMPANY’S CONTENT, AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE COMPANY’S CONTENT, THE USER CONTENT, OR ANY FEATURES OFFERED IN CONNECTION WITH THE SERVICES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SERVICES. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK.

(b) Indemnification

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers, and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.

You are responsible for obtaining the data network access necessary to use the Services. If you are accessing the Services on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, all Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

(d) No Professional Advice

All information and resources found on or accessible through the Services are based on the opinions of the author(s) unless otherwise noted. You acknowledge and agree that, by providing access to the Services, we are not rendering or providing any professional opinions on any of the matters discussed or included on the Services, and we will not be liable to anyone for any act or failure to act relating to any advice listed on or provided through the Services, whether that advice is included in the Company’s Content provided by us or the comments or discussions of other users of the Services. We are not responsible for events arising from the distribution of any information that you choose to publicly post or share through the Services.

13. Limitation of Liability

IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR MISUSE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NONE OF THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS, OR ANY THIRD PARTIES MENTIONED ON THE APP SHALL BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP. THE LAWS OF SOME STATES / COUNTRIES IMPOSE RESTRICTIONS ON LIMITING LIABILITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

14. Third-Party Content and Third-Party Applications

We may provide hyperlinks to third-party websites or other products or services, or we may provide third party content on the Services by framing or other methods (collectively, “Third Party Content”). In addition, the Services may include certain applications, features, programs, and services provided by third parties (collectively, “Third Party Applications”).

The Company does not control Third-Party Content in any manner and, accordingly, the Company is not responsible for the privacy practices of such Third-Party Content and does not assume any liability associated with such Third-Party Content. Your linking to or use of any Third-Party Content other than the App is at your own risk. The Company's inclusion of links to Third-Party Content does not imply any endorsement of any kind by the Company of the material located on or linked to by such Third-Party Content and should not be deemed as such by any user of the App. The Company disclaims any responsibility for the products or services offered or the information contained on any Third-Party Content. You need to take appropriate steps to determine whether accessing a Third-Party Content is appropriate, including protecting your personal information and privacy in using any such Third-Party Content and complying with relevant agreements. If a third party links or refers to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.

15. Intellectual Property

The Company’s Content of the Services is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Company’s Content. No portion of the Company’s Content and/or User Content may be reproduced in any form or by any means, except as provided in Section 7 (Services Use and Company’s Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Services. All trademarks and service marks of Labour the App that may be referred to on the Services are the property of Labour the App or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.

16. Notice and Takedown Procedures

We own, protect, and enforce copyright and other rights in our own intellectual property, and respect the intellectual property rights of others.

If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from this App by contacting the Company and providing the following information:

(a) Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorized version of the work.

(b) Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

(d) A statement that you have a good faith belief that the complained use of the materials is not authorized by the copyright owner, its agent, or the law.

(e) A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

(f) A signature or the electronic equivalent from the copyright holder or authorized representative.

To protect the rights of copyright owners, the Company maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the App who are repeat infringers.

17. Termination of Service

We may suspend or terminate your right to access portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.

18. Maintenance and updates

(a) From time to time, it may become necessary to change, expand, upgrade, and improve the App to ensure it is functioning properly. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App.

(b) Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

(c) We may indefinitely suspend or discontinue online access to content associated with Labour the App at any time, including for service deprecations, maintenance services, or upgrades, without prior notice or liability. We may also discontinue offering certain content or features. For any content or features that use online servers, we make no commitment to continue to make those servers available.

19. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM US.

a. ARBITRATION: To the fullest extent permitted under applicable law and in the interest of resolving disputes between you and the Company in an expedient and cost-effective manner, you and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement (collectively, “Disputes”) shall be settled by binding individual arbitration under the Consumer Arbitration Rules of the American Arbitration Association (the “AAA Rules”) then in effect, except as modified in this Agreement. The AAA Rules and filing forms are available online at www.adr.org.

b. SMALL CLAIMS COURT: As an alternative to arbitration, you and the Company each retain the right to bring any Dispute in any small claims court with jurisdiction over the Dispute.

c. PLACE OF ARBITRATION/ CONDUCT OF HEARING(S): If you reside in the United States, then the place of the arbitration shall be, at your option, either (a) the state where you reside, or (b) New Castle County, Delaware. If you reside outside the United States, then the Arbitrator shall determine the place of arbitration based on the factors stated in the AAA Rules. Regardless of the place of arbitration, the Company agrees that any required arbitration hearing(s) may be conducted, at your option, by phone or video conference rather than in person. The arbitration may also be decided solely on the submission of documents to the Arbitrator, if you and the Company both so agree (which agreement must be made in writing and provided to the Arbitrator). The procedural law applicable to the conduct of the arbitration shall be the law of the place of arbitration and the AAA Rules. The Federal Arbitration Act shall govern all arbitration proceedings (and any related and/or resulting court proceedings) in the United States.

d. NOTICE OF DISPUTE/ INFORMAL SETTLEMENT EFFORTS: At least 30 days prior to initiating an arbitration, you and the Company each agree to notify the other party of the dispute in writing (the “Notice of Dispute”) and attempt in good faith to negotiate an informal resolution. You must send your Notice of Dispute to PPL LLC at 2140 South DuPont Hwy Camden, DE 19934. The Company will send any Notice of Dispute to the email address associated with your Account. A Notice of Dispute must include: the name of the person bringing the Dispute and that person’s preferred contact information, a brief description of the dispute, and the relief sought. If you and the Company are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (see www.adr.org) with the American Arbitration Association and providing a copy to the other party as specified in the AAA Rules.

e. ARBITRATION FEES AND COSTS: Your share of administrative fees and arbitrator fees and costs (collectively, “Arbitration Costs”) shall be governed by the AAA Rules. Either party may request the Arbitrator to award the requesting party some or all of its attorneys’ fees and costs (in addition to some or all of its Arbitration Costs) upon proving that the other party has asserted a claim, cross-claim, or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, pursuant to applicable law and the AAA Rules.

f. FORM, EFFECT, AND SCOPE OF ARBITRATION AWARD: The Arbitrator’s judgment and award shall be final, binding, and enforceable, subject to review only in accordance with applicable law governing the enforcement and annulment of arbitration awards. Judgment on the Award may be entered in any court with proper jurisdiction, pursuant to applicable law. The Arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis to the extent necessary to provide relief warranted by the claimant’s individual claim.

g. ARBITRATION OPT-OUT: You can decline this agreement to arbitrate by sending a written communication to PPL LLC at 2140 South DuPont Hwy Camden, DE 19934, postmarked within 30 days after first accepting this Agreement. Your written communication must provide your name and the email address associated with your Account and must state that you decline this arbitration agreement.

h. CHANGES: If the Company changes this Section 19 after the date you last accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject that change by sending us written notice to PPL LLC at 2140 South DuPont Hwy Camden, DE 19934, postmarked within 30 days of the date on which the change is effective. Rejecting a change, however, does not revoke or alter your prior consent to any earlier agreement to arbitrate any Dispute between you and the Company (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and the Company.

k. COURT PROCEEDINGS: Consistent with the AAA Rules and applicable law, nothing in this Section 19 will be deemed to waive, preclude, or otherwise limit the right of either party to (i) bring an individual action in small claims court, where such court has jurisdiction over the Dispute; (ii) seek injunctive or interim relief from a court with jurisdiction to provide such relief; (iii) seek aid in support of the arbitration under applicable law; or (iv) seek to enforce or vacate (in whole or in part) the award under applicable law. If applicable law does not allow the arbitration of Disputes under this Agreement, then either you or the Company may instead commence dispute resolution proceedings in any court that has jurisdiction over the Dispute, and where venue is proper, subject to the terms of Section 19(m)(i-iii) below and all terms outlined in Sections 1-21 and 23-25.

I. IN ADDITION, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY UNCONDITIONALLY WAIVE ANY RESPECTIVE RIGHTS TO A JURY TRIAL.

m. ADDITIONAL PROVISIONS APPLICABLE TO ALL DISPUTE RESOLUTION: The following additional provisions are applicable to the resolution of all Disputes, to the fullest extent allowed by applicable law, regardless of whether brought in arbitration, court, or any other type of formal dispute resolution proceeding:

(i) Time Limitation: Any Dispute shall be time-barred unless the party asserting the Dispute commences formal dispute resolution proceedings within one (1) year after the basis for such Dispute became known or should have become known to the party asserting the Dispute, provided, however, that the one-year period shall be deemed suspended during any informal settlement discussions following the receipt of a Notice of Dispute by any party pursuant to Section 19(d) above.

(ii) NO CLASS OR REPRESENTATIVE ACTIONS OR PROCEEDINGS: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING DISPUTES 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.

(iii) No Consolidation: You and the Company acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate in a consolidated proceeding.

20. Governing Law; Jurisdiction and Venue

You agree that all matters relating to your access to, or use of, the Services will be governed by the laws of the State of Delaware without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Delaware with respect to such matters.

21. Local Laws

We make no representation that any of the Company’s Content or materials on the Services are appropriate or available for use in jurisdictions that are outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

22. Export Restrictions

Any software and all underlying information and technology downloaded or viewed from any of the Services or in connection with the services (collectively, the “Software or Technical Data”) by you may be subject to U.S. export controls, including the Export Administration Act and the Export Administration Regulations, and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Services, the Company’s Content, the User Content, and any of our products or services, including, but not limited to, the Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

23. Comments

By submitting comments, information, or feedback (collectively, “Feedback”) to us via the phone, through email and/or the Services, you agree that the information submitted will be subject to our Privacy Policy. Unless otherwise expressly declared, any communications you send to us or publish in app stores are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such contents at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust, and change it contextually, or make any other changes, in each case as we deem appropriate. We may use Feedback in any manner that we may choose, including, but not limited to, the incorporation of suggested changes into our services and products, without notice or compensation to you.

24. Other provisions

(a) We may modify this Agreement from time to time if we think it is necessary (e.g. for legal reasons or to reflect changes in the App or website). If we materially change the Agreement, we will make the updated Agreement available online and make reasonable efforts to tell you about it (e.g. by sending you a notice).

(b) Any changes to the Agreement will take effect as of the effective date specified and be binding on all users following such date.

(c) If you don’t agree to the new terms, you should stop using our services. Your continued use of the Services after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

(d) Successors and Assigns. This agreement inures to the parties, including any of our successors in interest. We have the right to assign our rights and obligations under this agreement to any affiliates.

(e) Severability. If for any reason an arbitrator, an arbitral or other tribunal, or a court of competent jurisdiction finds any provision of this Agreement, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement shall be admissible in arbitral, judicial, or administrative proceedings.

(f) No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.

(g) Upon termination of this Agreement, all provisions of this Agreement that by their nature, should survive termination, shall survive termination, including, without limitation, the provisions on dispute resolution and arbitration, all ownership provisions, warranty disclaimers, and limitations of liability.

25. Questions, complaints, and comments

If you have additional questions or comments of any kind, or if you see anything on the Services that you think is inappropriate, please let us know by sending your comments or requests to hello@labourtheapp.com or by mail at:

PPL LLC at 2140 South DuPont Hwy

Camden, DE 19934.

For residents of California, in accordance with California Civil Code § 1789.3, you may also 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 916‑445‑1254 or 800‑952‑5210.

When you contact us, we expect our staff to be polite and respectful. We expect the same of you. If you are rude to or abuse or threaten our staff, we may restrict you to contacting us by email or refuse to support you any further. If your behavior suggests a risk to our staff, our community, or our business we may suspend your account and escalate the matter to law enforcement.

Effective date

The Terms were last updated on: February 26, 2024.

A Labour of love FROM chicago & San francisco