Mosey Maps Terms of Use

IMPORTANT NOTICE: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 19). UNLESS YOU OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 19.6, YOU AND MOSEY AGREE TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, AND YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS OR REPRESENTATIVE ACTION. YOU MUST BE 18 OR OLDER TO USE MOSEY MAPS.

1. About These Terms

1.1 Agreement. These Terms of Use (the “Terms”) are a legally binding agreement between you and Mosey World, Inc., a Delaware corporation with its address at 2810 North Church Street STE 90182, Wilmington, DE 19802 (“Mosey,” “we,” “us” or “our”). They govern your use of the Mosey Maps app for iOS (the “App”), the websites at mosey.world, places.mosey.world and chat.mosey.world (the “Websites”), the Mosey connector for outside AI assistants, and all related features and services (together, the “Services”).

1.2 Acceptance. You accept these Terms when you sign in or continue past a screen that tells you that doing so means you agree to them, when you create an account, when you confirm that you agree to them, or when you otherwise use the Services. Our Privacy Policy, available on the Websites and in the App, explains how we handle personal information. It is not part of these Terms. We record which version of these Terms you agreed to and when. If you do not agree to these Terms, do not use the Services.

1.3 Business users. If you claim a venue or buy ad credit, Section 13 (Business Terms) also applies to you. You must accept Section 13, on behalf of yourself and the business, before you claim a venue or buy ad credit. If Section 13 conflicts with any other part of these Terms, Section 13 governs your business use.

1.4 End-user license agreement. These Terms serve as the end-user license agreement for the App. Section 14 contains additional terms that apply if you downloaded the App from the Apple App Store.

2. Eligibility and Your Account

2.1 Age. You must be at least 18 years old to create an account or use the Services. We ask every user for their date of birth at sign-up, in the App and on the Websites, and on supported devices we also check your Apple account’s age range. We do not permit anyone under 18 to register. If we learn that an account belongs to someone under 18, we will delete it.

2.2 One person, one account. An account belongs to one individual. You must give us accurate information and keep it up to date, and you may not share, sell or transfer your account. Business users act through their own individual account, as described in Section 13.

2.3 Signing in. You sign in with Sign in with Apple or with Google. Sign-in methods are linked only with your knowledge: if your email already belongs to an account created with the other method, we will not open that account and will tell you which method it uses. You can add a second sign-in method from your Profile while signed in, and remove one, but you cannot remove your only one. Some social features require you to verify a phone number. By verifying a phone number, you agree to receive a one-time text message with a verification code. Message and data rates may apply.

2.4 Account security. You are responsible for activity under your account and for keeping access to your device and sign-in accounts secure. Tell us promptly at [email protected] if you believe your account has been accessed without your permission.

2.5 Where Mosey is available. The Services are intended for users in the United States, and our content covers New York City.

3. Using Mosey

3.1 The Services. Mosey helps you discover places in New York City, save and organize them, get walking directions, share places, lists and walks with friends and others, and use an AI assistant. The consumer Services are provided free of charge. We do not offer paid consumer plans or in-app purchases.

3.2 Mosey AI. “Mosey AI” is the in-app assistant, the reading of Instagram and TikTok posts you import and requests made by AI assistants you connect (Section 7). All of them draw on one daily allowance, shown in the App as a percentage, which resets at midnight UTC. Saving places, making lists, walking, searching, getting directions and uploading photographs in the App do not use the allowance. If you run out while an import is waiting, the import is held and runs after the allowance resets. Imports also have a separate daily limit on how many places they may add. We may offer rewards that temporarily increase your allowance, such as a welcome bonus or a bonus when someone you invite joins. Rewards have no cash value, cannot be transferred or exchanged, and are not discounts on anything. We may change the allowance, its limits and any rewards at any time.

3.3 Promotions. Some venues pay Mosey to run in-venue promotions. Promoted places are marked “Promo,” and a promotion is shown as “Promotion run by” the venue. A promotion can place a venue above one rated slightly higher within the same tenth of a rating point, but never above one rated in a higher tenth. Payment does not affect ratings, comments or place scores. Offers are provided by the venue, not by Mosey, and the venue is responsible for honoring them. You may redeem a promotion once per campaign per day (Eastern Time), within 200 meters of the venue, by showing the code in the App before it expires at the end of the redemption window the venue sets (between 5 and 240 minutes). You must be 21 or older to redeem any offer involving alcohol, and the venue may ask for identification.

3.4 Changes to the Services. We may add, change, suspend or discontinue any part of the Services at any time. We are not responsible for any loss caused by the Services being unavailable, although we will try to give notice of significant changes where we reasonably can.

3.5 Sharing lists and walks. You can share a list or a walk directly with a Mosey friend, or with anyone by a link.

4. Walking, Routing and Your Safety

PLEASE READ THIS SECTION CAREFULLY BEFORE YOU FOLLOW ANY ROUTE.

4.1 What routing does. Mosey suggests walking routes through New York City that take pleasantness into account as well as distance. Routes may reflect street ratings contributed by other users. That information is limited, may be sparse or out of date, and reflects the opinions and activity of other people. Some routes weigh public NYPD arrest records, which reflect where arrests are made, not where crime occurs or how safe a place is.

4.2 No safety representation. Mosey makes no representation or promise that any route, street, area, venue or time of day is safe, lawful to enter, well lit, open, accessible, free of hazards, crowded or quiet. Conditions change constantly, including because of weather, construction, closures, traffic, crime and events, and the Services may not reflect them.

4.3 Your responsibility. You are responsible for your own safety and judgment. In particular:

Turn-by-turn navigation can continue with your screen locked during a walk you started. Directions, estimated times and distances are approximate. Mosey is not an emergency or safety service. In an emergency please call 911.

4.4 ASSUMPTION OF RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU VOLUNTARILY ASSUME ALL RISKS OF WALKING AND NAVIGATING IN URBAN ENVIRONMENTS, INCLUDING THE RISK OF PERSONAL INJURY, ILLNESS, DEATH, CRIME, ACCIDENTS AND DAMAGE TO PROPERTY, WHETHER OR NOT YOU ARE FOLLOWING A ROUTE SUGGESTED BY THE SERVICES.

5. AI Features and AI-Generated Content

5.1 What is AI-generated. Two kinds of content in the Services are generated by artificial intelligence: (a) the assistant’s answers, including its recommendations, its route suggestions and its readings of posts you import; and (b) place descriptions and summaries, which are generated by AI from publicly available information.

5.2 Accuracy. AI-generated content can be wrong, incomplete or out of date. It may describe places that have closed, give incorrect opening hours, prices or details, or describe a venue unfavorably. Check important details directly with the venue before relying on them. Nothing in the Services is legal, medical, financial, safety or other professional advice.

5.3 AI providers. The assistant, your taste profile and place descriptions use a third-party AI model provider based in the People’s Republic of China. Before the assistant or your taste profile first sends anything about you to that provider, we ask your permission. Place descriptions and other AI features also use models provided by Google. Our Privacy Policy explains what information these providers receive.

5.4 Businesses. If you represent a venue and believe an AI-generated description of it is inaccurate, email [email protected] with the subject line “Business Description Review,” identifying the venue and the text concerned. We will review the request and may correct or remove the description, but we are not obliged to adopt any particular wording.

6. Importing Posts and Lists

6.1 How imports work. You can share a Google Maps list, an Instagram post or reel, or a TikTok video into Mosey. Mosey reads it and suggests the places it mentions. Nothing is added to your lists until you accept them. For Instagram and TikTok imports, we send you a notification when suggestions are ready, unless you have turned import notifications off.

6.2 Public content only. Mosey can read only public posts. Content from private accounts cannot be read. Imports of Instagram and TikTok posts draw on your Mosey AI allowance, and all imports are subject to the separate daily limit described in Section 3.2.

6.3 Your responsibility. By importing a post or list, you confirm that you are entitled to share the link with us. Your use of Google, Instagram and TikTok remains subject to their own terms.

6.4 What we keep. We delete a public post’s video, images and audio 30 days after we read it. We keep only the caption, the creator’s public handle, the post’s details, the text we read from it and the places it mentions, as information about the post, and this is not deleted when you delete your account. Our Privacy Policy explains this further.

7. Connecting an Outside AI Assistant

You may connect Mosey to an outside AI assistant, such as those offered by Anthropic or OpenAI, by authorizing the connection yourself on chat.mosey.world. Once connected, the assistant can search places, read your saved places and lists, save and remove saved places, create lists, add places to lists, send a place with a note to another Mosey user and get directions on your behalf. When the assistant asks for directions, Mosey returns a link to a map image of the route, which stops working after seven days. Requests made by a connected assistant use your Mosey AI allowance (Section 3.2). Mosey does not control the connected assistant. What happens to information returned to it is governed by your relationship with that assistant’s provider, and Mosey is not responsible for the assistant’s actions or output. You may revoke a connection at any time on chat.mosey.world, and deleting your Mosey account revokes every connection immediately. You may access Mosey through an automated agent only through a connection authorized in this way.

8. Your Content

8.1 User Content. “User Content” means anything you create or submit through the Services, including ratings and head-to-head comparisons, public comments, photographs, notes (private or shared with friends), lists, your “Soon” and “Been” boards, place shares, lists and walks you share and their notes, walk reviews, street ratings and reports.

8.2 Ownership. You keep ownership of your User Content.

8.3 License to Mosey. You grant Mosey a non-exclusive, worldwide, royalty-free license, which we may sublicense to our service providers solely to operate the Services, to host, store, reproduce, adapt (for example, by formatting, resizing or removing metadata), display and distribute your User Content in order to operate, provide and improve the Services. This includes the right to:

8.4 How long the license lasts. The license ends for an item of User Content when you delete it or delete your account, except that: (a) aggregated and de-identified information that cannot be linked to you may be kept and used indefinitely; (b) place scores that included your ratings are recalculated without them within about one week; (c) copies may remain for the limited periods described in our Privacy Policy, or where required by law; (d) content already sent to our AI model provider or to an AI assistant you connected remains subject to that provider’s terms; and (e) we cannot recall copies that people you shared a list or walk with have already made.

8.5 Your promises about User Content. You confirm that you have the rights needed to submit your User Content and grant this license, that anyone identifiable in a photograph you upload has agreed to it where the law requires, and that your User Content complies with these Terms and the law.

8.6 Honest opinions. Nothing in these Terms restricts you from posting an honest rating or comment about a place, including a negative one. We do not remove User Content because it is negative. We remove or hide content only as described in Section 9.

8.7 Feedback. If you send us suggestions or feedback about the Services, we may use them without any obligation to you.

9. Community Standards, Reporting and Zero Tolerance

9.1 ZERO TOLERANCE. MOSEY HAS ZERO TOLERANCE FOR OBJECTIONABLE CONTENT AND ABUSIVE USERS. IF YOU POST OBJECTIONABLE CONTENT OR ABUSE OTHERS, WE MAY REMOVE YOUR CONTENT AND BLOCK YOUR ACCOUNT WITHOUT PRIOR NOTICE.

9.2 Prohibited content. You must not post, upload or share content, including in your display name, handle, list names and descriptions, notes and share notes, that:

9.3 Filtering and reporting. Before anything you write is posted, including comments, notes shared with friends, list names (including those created by an import) and descriptions, share notes, display names, handles and promotion offer text, an automated filter blocks slurs, threats and strong profanity. The filter will not catch everything. You can report a comment, a venue photograph or an account from within the App. Reports are reviewed by people, not by automated tools, and we act on every report within 24 hours. A comment or photograph reported by three or more different users is hidden while it is reviewed. A reviewer may hide or remove the content, block the account that posted it, or dismiss the report. We email you the outcome of a report you made, and we notify a venue’s verified owner if one of the venue’s photographs is hidden or removed. You can also contact us about content at [email protected]. Hidden content is restored if a reviewer finds it does not breach these Terms.

9.4 Blocking. You can block another user so that they can no longer interact with you. The user you block is not told that you blocked them. Separately, we may block any account that breaches these Terms; an account blocked by Mosey cannot use the Services, including the App and the Websites.

9.5 Misuse of reporting. You must not report content that you know does not breach these Terms, including reporting an honest review or rating because it is negative. Venues and their representatives are subject to this rule.

9.6 Intimate images. If an intimate image or video of you, or of a person you are authorized to act for, appears in the Services without consent, you can ask us to remove it, whether or not you have a Mosey account. Email [email protected] with the subject line “Intimate Image Removal” and include: (a) your physical or electronic signature; (b) enough information for us to find the content; (c) a brief statement explaining why you believe in good faith that it was published without consent; and (d) information that allows us to contact you. We will remove the content, and make reasonable efforts to find and remove known identical copies, within 48 hours of receiving a valid request.

9.7 Our role. We may, but are not obliged to, monitor or review User Content. We may remove or restrict access to any content that we reasonably believe breaches these Terms or the law, or that exposes Mosey, our users or others to harm.

10. Prohibited Uses

You must not, and must not help anyone else to:

11. Mosey’s Intellectual Property and Third-Party Content

11.1 Our rights. The Services, including the Mosey name and logos, the App, the Websites, their design, software, databases and content (other than User Content and third-party content), belong to Mosey or its licensors and are protected by intellectual property laws. Nothing in these Terms transfers any of those rights to you.

11.2 License to use the Services. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the App on Apple-branded devices that you own or control, as permitted by the Apple Media Services Terms and Conditions, and to use the Services for your personal, non-commercial purposes. Business users may also use the business features for the purposes described in Section 13.

11.3 Third-party content. Place information, photographs and public posts in the Services may come from third parties, including businesses, other users and public sources. Mosey does not endorse and is not responsible for third-party content. Public Instagram and TikTok posts may be displayed through those platforms’ own embedded players and remain subject to their terms. Mosey is not affiliated with or endorsed by Apple, Google, Instagram, Meta, TikTok or any venue.

11.4 Map data and attributions. Maps © Mapbox © OpenStreetMap contributors. OpenStreetMap data is available under the Open Database License (ODbL). You can report a map error through the “Improve this map” link on the App’s main map. The Services also use data from the Overture Maps Foundation and NYC Open Data under their respective licenses, and place information from Google. Notices for open-source software used in the Services are in the App under Profile > Open-source licenses. Our data sources are credited on the “Data sources” screen in the App and at mosey.world/data-sources.

12. Copyright Complaints

12.1 Notices. We respect intellectual property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the “DMCA”). If you believe that material in the Services infringes your copyright, including a photograph, or the caption, text or media of an Instagram or TikTok post that was imported into the Services (we delete a post’s video, images and audio 30 days after we read it), send our designated agent a written notice that includes:

12.2 Designated agent. Copyright Agent, Mosey World, Inc. (DMCA designated agent registration DMCA-1081399), 2810 North Church Street STE 90182, Wilmington, DE 19802. Telephone: +1 (646) 392-7206 (voicemail only; we reply by email). Email: [email protected], with the subject line “DMCA Notice.”

12.3 Counter-notices. If material you posted was removed in response to a notice and you believe the removal was a mistake or misidentification, you may send our designated agent a counter-notice that includes: your physical or electronic signature; identification of the material and where it appeared before removal; a statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification; your name, address and telephone number; and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if you are outside the United States, any judicial district in which Mosey may be found), and that you will accept service of process from the person who provided the original notice or their agent. We will notify you if we remove your material in response to a notice, and we will restore it as 17 U.S.C. § 512(g) provides unless the person who sent the notice tells us that they have filed a court action.

12.4 Repeat infringers. We will, in appropriate circumstances, terminate the accounts of users who repeatedly infringe copyright. Anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages under 17 U.S.C. § 512(f).

12.5 Other removal requests. If you created a public post that was imported into the Services and would like it removed for reasons other than copyright, contact us at [email protected]. We will review each request.

13. Business Terms

13.1 Scope and authority. This Section applies if you claim a venue, manage a venue’s presence or buy ad credit on places.mosey.world. You confirm that you are authorized to act for the venue and the business that operates it, and that you accept this Section on the business’s behalf as well as your own. References to “you” in this Section include that business. You accept this Section by ticking the box provided when you claim a venue or buy ad credit. We record when you accepted it and which version of these Terms applied.

13.2 Claiming a venue. To claim a venue, you must give your name, your role (owner, manager or marketing) and a contact email address. We normally verify a claim by an automated voice call to the venue’s publicly listed telephone number, which reads out a six-digit code. Before we call, you confirm that you are authorized to receive calls at that number and to consent to the call on the business’s behalf. We first check the type of phone line and call only landlines and business lines; if the listed number is a mobile number, we review the claim manually instead. We make no more than two calls per claim, between 9am and 8pm Eastern Time, and each call opens by identifying itself as an automated verification call from Mosey. If a venue has no listed number, you may upload up to five supporting documents for manual review. Each venue may have one verified owner. We review contested claims, may reject a claim and will tell you why, and you may apply again. Mosey staff reviewing a claim will see the details you submit with it. Every staff decision on a claim is recorded.

13.3 What a verified owner can do. A verified owner may lock the venue’s category against automatic recategorization, curate and upload photographs, set the venue’s Instagram handle, run promotions and view insights. Photographs you upload are User Content and must comply with Section 9. A photograph that we hide or remove after review cannot be restored by saving the venue’s photograph set again.

13.4 Insights. Insights are aggregate counts, such as impressions, detail views, route requests, shares and saves, a daily series and traffic sources. Saves are also shown by how they arrived (through Mosey, a Google Maps list, Instagram or TikTok), as counts of distinct savers; this breakdown covers saves from 11 September 2026 onward. Insights also show public Instagram and TikTok posts that mention your venue, displayed through the platform’s own embedded player, with the creator’s public handle, the post date, like or play counts, whether the post was marked as a paid partnership, the text that links the post to your venue and the number of Mosey saves the post produced. Mosey never tells you which users saved, redeemed, reported or imported anything, and you must not try to identify them. You must not use insights to harass, contact without consent or retaliate against any creator or user. The Services do not offer a way to hide or dispute a public post that mentions your venue.

13.5 Ad credit. Ad credit is prepaid and sold in packs of $25, $50 or $100, or in a custom amount from $10 to $1,000, through Stripe Checkout. Payments are processed by Stripe under its own terms, and your card details are entered on Stripe’s page and are not received by Mosey. Except as stated in this Section and Section 13.9, credit has no cash value, earns no interest and cannot be transferred. Stripe provides your receipts; Mosey does not issue invoices. Refunds are made through Stripe, at our discretion or where the law requires. If a refund leaves your balance below zero, you must pay the negative balance. If you delete your account, we refund your unspent credit to your original payment method, delete your name and email from Stripe (Stripe keeps the payment records), and then delete your account. You must end any running promotion before deleting your account.

13.6 Running a promotion. A promotion consists of offer text of up to 100 characters, shown to users exactly as you write it, and runs on the days and at the hours you choose until you pause it. You also set a redemption window of between 5 and 240 minutes, after which a customer’s code expires. You must:

We may review, reject, pause or remove any promotion at any time.

13.7 Charges. You are charged only when a customer redeems a promotion inside your venue. Each redemption is charged at the price per redemption set by Mosey, multiplied by the hour multiplier shown in the portal (currently 2.0 times at the busiest hours and 1.5 times at certain other hours, Eastern Time), up to your daily budget. A campaign pauses when your balance reaches zero. Taps on a promotion are recorded but are never charged. A redemption attempted more than 200 meters from the venue, or without a location fix, is recorded as distance-flagged and is not charged. A customer may redeem a promotion once per campaign per day (Eastern Time) by showing a six-character code that expires at the end of the redemption window you set. Our redemption records are final for billing purposes unless you show us a clear error.

13.8 How promotions appear. Promoted places are marked “Promo” on the map and in the place sheet, with a section headed “The Promo” reading “Promotion run by” your venue. A promotion can place your venue above one rated slightly higher within the same tenth of a rating point, but never above one rated in a higher tenth. Buying promotions does not affect your venue’s ratings, comments or score.

13.9 Suspension of business accounts. If we suspend or block a business account, we may pause its running promotions. If we end your access for reasons other than your breach of these Terms, we will refund your unspent credit. If we end it because of your breach, we may set unspent credit against any amount you owe us or any loss your breach has caused, and we will refund any remainder unless the breach involved fraud.

13.10 Business liability and indemnity. Sections 17 and 18 apply to business users, except that our total liability to a business user will not exceed the greater of the amounts that business paid us in the 12 months before the claim arose and $100. You will also defend, indemnify and hold harmless the Mosey Parties (defined in Section 17) against claims arising from your offers and promotions, your venue’s products and services, or your breach of this Section.

14. Apple App Store Terms

If you downloaded the App from the Apple App Store, you and Mosey also agree that:

15. Suspension and Termination

15.1 By you. You may stop using the Services at any time and may delete your account from Profile > Delete account in the App or from the account page on places.mosey.world or chat.mosey.world. Our Privacy Policy explains what deletion removes and what it does not.

15.2 By us. We may suspend, restrict or terminate your account or access to the Services if you breach these Terms, if we reasonably believe it is necessary to protect Mosey, our users or others, if the law requires it, or if we stop providing the Services. Where it is practicable and lawful, we will tell you the reason. A suspended or blocked account cannot use the Services, including the App and the Websites.

15.3 Appeals. If you believe we suspended or blocked your account, or removed your content, in error, email [email protected] with the subject line “Account Appeal.” A person will review your appeal.

15.4 Survival. Sections 4.4, 5.2, 6.4, 8.3 and 8.4 (to the extent described there), 8.5, 8.7, 11.1, 11.3, 12.4, 13.4 (last three sentences), 13.5, 13.7, 13.9, 13.10, 14 and 16 to 22 survive the end of these Terms, together with any other provision that by its nature is intended to survive.

16. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES, INCLUDING ALL MAPS, ROUTES, DIRECTIONS, STREET RATINGS, INFORMATION ABOUT HOW BUSY STREETS ARE, PLACE INFORMATION, PROMOTIONS, AI-GENERATED CONTENT AND USER CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. MOSEY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT. MOSEY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT ANY INFORMATION IN THEM IS ACCURATE OR CURRENT, OR THAT ANY ROUTE, STREET, AREA OR VENUE IS SAFE, OPEN, ACCESSIBLE OR SUITABLE FOR YOU.

17. Limitation of Liability

17.1 TO THE FULLEST EXTENT PERMITTED BY LAW, MOSEY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE “MOSEY PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL OR DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING YOUR USE OF ANY ROUTE, AI-GENERATED CONTENT, PROMOTION OR THIRD-PARTY CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE MOSEY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100), EXCEPT AS PROVIDED FOR BUSINESS USERS IN SECTION 13.10.

17.3 Exceptions. Nothing in these Terms excludes or limits liability for fraud, gross negligence or willful misconduct, or any other liability that cannot be excluded or limited under applicable law. If the law where you live does not allow a particular exclusion or limitation, that exclusion or limitation applies to you only to the extent the law allows.

18. Indemnification

To the extent permitted by law, you will defend, indemnify and hold harmless the Mosey Parties from and against all claims, losses, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, arising out of: (a) your User Content, other than an honest review or rating; (b) your breach of these Terms; (c) your violation of any law or the rights of any third party; or (d) your willful misconduct or gross negligence while using the Services. We will notify you of any claim for which we seek indemnity and may take control of its defense, in which case you will cooperate with us.

19. Dispute Resolution, Binding Individual Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO GO TO COURT.

19.1 Informal resolution first. Before starting arbitration or a small claims case, you and Mosey agree to try to resolve any dispute informally. The party raising the dispute must send a written notice (a “Notice of Dispute”) that includes their name, the email address associated with the account (if any), a description of the dispute and the relief requested. Send your Notice of Dispute to [email protected] with the subject line “Notice of Dispute,” or by mail to the address in Section 23. We will send ours to the email address associated with your account. If the dispute is not resolved within 60 days after the Notice of Dispute is received, either party may begin arbitration or, where Section 19.3(a) applies, a small claims case. Any limitation period is suspended while this process is under way.

19.2 Agreement to arbitrate. Except as set out in Sections 19.3 and 19.7, you and Mosey agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services, including their formation, validity, interpretation or enforceability (a “Dispute”), will be resolved by binding individual arbitration, not in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

19.3 Exceptions. Either party may: (a) bring an individual claim in small claims court if it qualifies and remains there; and (b) seek an injunction in court to stop the actual or threatened infringement or misuse of its intellectual property rights.

19.4 Arbitration rules and procedure. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules or, for Disputes with business users under Section 13, its Commercial Arbitration Rules, in each case as in effect when the arbitration begins, including any applicable mass arbitration rules. The rules are available at www.adr.org. Hearings will take place by video conference unless the arbitrator decides that an in-person hearing is needed, in which case the hearing will take place in the county where you live or another location we agree on. Payment of filing, administration and arbitrator fees will be governed by the AAA’s rules and fee schedules, and Mosey will pay the fees those rules require a business to pay. The arbitrator may award any individual relief that a court could award and must give a written decision. Judgment on the award may be entered in any court with jurisdiction.

19.5 CLASS ACTION AND JURY TRIAL WAIVER. YOU AND MOSEY MAY BRING CLAIMS AGAINST EACH 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 MORE THAN ONE PERSON’S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT AS THE AAA’S MASS ARBITRATION RULES PERMIT FOR ADMINISTRATIVE PURPOSES. YOU AND MOSEY EACH WAIVE THE RIGHT TO A JURY TRIAL.

19.6 Right to opt out. You may opt out of this agreement to arbitrate by emailing [email protected], with the subject line “Arbitration Opt-Out,” within 30 days after you first accept these Terms. Your email must include your name, the email address associated with your account and a clear statement that you are opting out of arbitration. If you opt out, Sections 19.2 to 19.5 and 19.7 do not apply to you, and Disputes will be resolved in court under Section 20. Opting out does not affect any other part of these Terms.

19.7 Public injunctive relief and severability. If a court decides that any part of Section 19.5 is unenforceable for a particular claim or type of relief, including a claim for public injunctive relief, that claim or relief will be decided by a court under Section 20, after any individual claims have been arbitrated, and the rest of this Section will continue to apply. A court, not an arbitrator, will decide any question about the enforceability of Section 19.5.

19.8 Changes to this Section. If we make a material change to this Section, we will give you at least 30 days’ notice. You may reject the change by emailing [email protected] within those 30 days, in which case the previous version of this Section will continue to apply to you. A change will not apply to any Dispute for which a Notice of Dispute was sent before the change took effect.

20. Governing Law and Venue

These Terms and any Dispute are governed by the laws of the State of New York, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 19. Any Dispute that is not subject to arbitration, or that is allowed to proceed in court under Section 19, will be brought only in the state courts located in New York County, New York, or the United States District Court for the Southern District of New York, and you and Mosey consent to the personal jurisdiction of those courts, except that a small claims case under Section 19.3(a) may be brought in the small claims court for the county where you live.

21. Changes to These Terms

We may update these Terms from time to time. A non-material change, such as correcting a typo or clarifying wording without changing its meaning, takes effect when we post the updated Terms on the Websites, and we will update the “Last updated” date. If we make a material change, or any change to Section 19, you will see a screen in the App or on the Websites asking you to agree to the updated Terms before you continue using the Services. If you do not agree, you may delete your account instead. Section 19.8 also governs changes to the arbitration agreement.

22. General Provisions

22.1 Entire agreement. These Terms are the entire agreement between you and Mosey about the Services and replace any earlier agreement on that subject.

22.2 Electronic communications. You agree to receive notices and other communications from us electronically, including by email, push notification and posting on the Websites, and agree that they satisfy any legal requirement that they be in writing.

22.3 Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will continue in full force, except as provided in Section 19.7.

22.4 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.

22.5 Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.

22.6 Events beyond our control. We are not responsible for any delay or failure to perform caused by events beyond our reasonable control.

22.7 Relationship and third parties. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship. Except for Apple under Section 14 and the Mosey Parties under Sections 17 and 18, no third party has any right to enforce these Terms.

22.8 Notice to California users. Under California Civil Code Section 1789.3, California users are entitled to the following notice. The Services are provided by Mosey World, Inc., 2810 North Church Street STE 90182, Wilmington, DE 19802, telephone +1 (646) 392-7206 (voicemail only; we reply by email), and the consumer Services are provided free of charge. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

22.9 Headings. Headings are for convenience only and do not affect the interpretation of these Terms.

23. Contact Us

If you have questions about these Terms, please contact us:

Mosey World, Inc.
2810 North Church Street
STE 90182
Wilmington, DE 19802
[email protected]

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