Welcome to ComeThru. These Terms of Service ("Terms") are a binding agreement between you and ComeThru LLC ("ComeThru," "we," "us," or "our") and govern your access to and use of the ComeThru mobile application and any related websites, services, and features (collectively, the "Service"). By downloading, installing, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
Section 18 contains a mandatory individual arbitration agreement and class action waiver that affects your legal rights. You may opt out within 30 days of first accepting these Terms — see Section 18 for instructions.
Contents
- Acceptance & Eligibility
- Changes to the Service
- Account Registration
- Communications Consent (SMS, Push, Email)
- How ComeThru Works
- In-Person Meetup Safety & Assumption of Risk
- User Content & License
- Prohibited Conduct
- Content Moderation & Reporting
- Blocking
- Premium Subscriptions
- Intellectual Property of ComeThru
- DMCA & Copyright
- Account Termination & Data Deletion
- Disclaimers & "As Is" Service
- Limitation of Liability
- Indemnification
- Dispute Resolution — Arbitration & Class Action Waiver
- Governing Law & Venue
- Apple App Store & Google Play Additional Terms
- Changes to These Terms
- Miscellaneous
- Contact
1. Acceptance & Eligibility
By creating an account or otherwise using the Service, you represent and warrant that:
- You are at least 16 years old. The Service is not directed to, and may not be used by, anyone under 16. We validate age at signup using your date of birth, which is processed only to confirm eligibility and is not retained if you do not qualify.
- If you are between 16 and 17, you are legally able to agree to these Terms or have any parent or legal-guardian permission required by applicable law.
- You reside in the United States. The Service is offered for use in the U.S. only. If you access the Service from outside the U.S., you do so on your own initiative and at your own risk, and you are responsible for compliance with applicable local laws.
- You are not located in a country subject to U.S. government embargo or designated by the U.S. government as a "terrorist supporting" country, and you are not listed on any U.S. government list of prohibited or restricted parties.
- You have not previously been removed, banned, or terminated from the Service.
- You are not legally prohibited from using services of this kind.
If we determine that you do not meet the eligibility requirements, we may decline to create your account, suspend your access, or terminate your account. Users rejected at our age gate may be blocked from re-registering the same phone number or email for 90 days. If you believe you were rejected in error, contact hello@comethruapp.com.
2. Changes to the Service
We may update the Service over time. You acknowledge and agree that:
- The Service may contain bugs, errors, or incomplete features.
- Features, content, account access, and pricing may change, be suspended, or be discontinued. Where the law or an app store requires notice, we will provide it.
- We do not guarantee uninterrupted availability or that every feature will remain available.
- We may migrate data when reasonably necessary to operate, secure, or update the Service, subject to our Privacy Policy.
3. Account Registration
To use most features of the Service, you must create an account. You agree to:
- Provide accurate, current, and complete information, including your date of birth, U.S. phone number, email address, display name, and username. ComeThru uses phone/SMS as its only sign-in method; the email collected during signup is not a sign-in method.
- Maintain and promptly update your account information.
- Maintain the security of your account, including the device used to receive SMS verification codes.
- Be solely responsible for all activity that occurs under your account.
- Promptly notify us at hello@comethruapp.com of any unauthorized access or other security concern.
You may not (i) create more than one account for yourself, (ii) create an account on behalf of another person, (iii) share, sell, transfer, rent, or otherwise allow another person to access your account, or (iv) impersonate anyone. Usernames are claimed on a first-come basis. We may reclaim usernames that are dormant, that infringe a trademark, that impersonate a person or entity, or that otherwise violate these Terms.
4. Communications Consent (SMS, Push, Email)
SMS verification
By providing your phone number, you consent to receive SMS messages from us (sent via Firebase Authentication, operated by Google LLC) for the purposes of account verification, account security, and re-authentication. Message frequency depends on your use of the Service. Message and data rates may apply per your mobile carrier's plan. We do not control delivery; carrier delays, blocks, or charges are between you and your carrier. You may stop receiving verification SMS at any time by deleting your account, although you will no longer be able to sign in.
Push notifications
With your operating-system-level consent, we send push notifications about Hangs, RSVPs, invitations, chat activity, gallery uploads, friend requests, reminders, awards, and similar Service activity. You can manage which notifications you receive in the in-app Preferences screen (including a master "Pause All" toggle and per-category toggles) and can fully disable push notifications in your device settings.
Email and report delivery
We may contact the email address on your account about support, security, legal notices, or important operational matters. The current SendGrid integration delivers user-submitted bug and safety-report details to ComeThru's moderation or support recipients; it is not currently used for routine marketing email to users. If we introduce marketing email, we will provide any opt-out required by law.
5. How ComeThru Works
ComeThru is a tool for organizing short-term meetups and interacting with people and businesses around those meetups. Key elements include:
- Personal Hangs — invitation-based meetups you create with a title, location, time, optional description, and optional cover photo. Their in-app visibility is limited to the creator and invited or otherwise authorized users.
- Business profiles and Hangs — when this feature is enabled, approved roles may create a business profile and Hangs for that business. A surfaced business listing may be discoverable by signed-in users, including followers and visitors to the business profile.
- RSVPs — a ComeThru response to a Hang you are allowed to join.
- Chat — real-time messaging inside each Hang, visible only to the Hang's circle.
- Gallery — photos and videos posted inside a Hang, visible to its authorized viewers and subject to moderation. A video may include audio.
- Live location — an optional, foreground-only feature through which eligible Hang participants can share their current location with eligible friends in the Hang during the limited live-location window.
- Recaps — after an eligible Hang, a confirmed participant or creator may create an image using only personal media allowed by each owner's current All-Hangs or specific-Hang choice, plus privacy-limited Hang details, aggregate attendance, frozen awards (including winner name/profile photo), and statistics. Other attendees and a different personal host remain anonymous. The media preference does not control award identity. A recipient may copy or distribute an exported Recap outside ComeThru, and a later preference change cannot recall an existing copy.
- Friends, friend groups, friend streaks, vibes, reps, awards, and banners — social and cosmetic features that develop over time as you use the Service.
- Public links — profile links open a generic ComeThru deep-link page without displaying profile data. If a valid public Hang share token exists, its page can show limited teaser details such as the title, host, date/time, general area, and an approximate map. Do not share a bearer link with someone you do not want to receive that information.
- Hang lifecycle — Hangs have defined start and effective-end times. After the post-Hang window, shared chat and Gallery content may be deleted under the retention rules in the Privacy Policy unless an eligible creator or confirmed participant has Premium at the retention decision.
The Service is a coordination tool. We are not a party to any plans you make, any meetup you attend, or any agreement between you and any other user.
6. In-Person Meetup Safety & Assumption of Risk
You acknowledge and agree that:
- ComeThru does not perform criminal background checks, identity verification, character vetting, or any other screening of users beyond age verification and basic abuse prevention.
- ComeThru does not guarantee the identity, character, intentions, or conduct of any user, the safety of any meetup location, or the suitability of any Hang.
- You are solely responsible for your own safety and for evaluating the people you choose to meet and the places you choose to go.
- You assume all risks associated with attending or hosting a Hang, including risks of bodily injury, illness, theft, property damage, emotional distress, harassment, criminal conduct by other users, and any other harm.
- ComeThru is not liable for the acts or omissions of other users, including at, before, after, or in connection with any Hang.
We recommend you:
- Meet in well-populated public places.
- Share your plans (location, time, who you are meeting) with a trusted contact.
- Trust your instincts and leave if you feel uncomfortable.
- Use the opt-in live location sharing feature with attendees you trust.
- Call 911 (or your local emergency number) in an emergency. ComeThru is not an emergency service.
- Report concerning behavior using the in-app reporting feature and, where appropriate, to law enforcement.
7. User Content & License
"User Content" means any content you submit to or through the Service, including Hang titles, descriptions, locations, cover photos, invitations, chat messages, GIF selections, Gallery photos and videos (including embedded audio and metadata), comments, profile or business-profile content, reports, bio, username, display name, and any other content you make available.
Ownership
You retain ownership of your User Content. These Terms do not transfer any ownership rights.
License to ComeThru
By submitting User Content, you grant ComeThru a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to host, store, reproduce, cache, distribute, transmit, modify for technical purposes (such as resizing, compression, transcoding, mapping, or thumbnailing), display, perform, moderate, and otherwise use your User Content to operate, provide, secure, improve, and promote the Service. This includes sharing it with service providers and showing it to users allowed to access the relevant surface. When you affirmatively enable Recap media sharing for All Hangs or a specific Hang, the license also permits eligible participants to create and export future Recaps using the covered personal Gallery media and personal Hang cover while that choice remains effective. Frozen award facts, including the winner's name/profile photo, may appear under the Service license independently of the media preference. Changing the account or Hang choice controls future media exports; an exported Recap is no longer controlled by ComeThru.
Survival after account deletion
When you delete your account, shared text and activity records may remain for other participants but are re-attributed to "Former member" as described in the Privacy Policy. The deletion process removes ordinary personal Gallery files and personal Hang covers you uploaded and hides their Gallery records. Business-attributed media and an exact Gallery object protected by a separate promotion or Hall of Fame submission can remain; safety, legal, dispute, audit, and backup exceptions can also apply. Business-attributed content may remain attributed to the business. You grant us the license above on a continuing basis for content that is retained under those exceptions. Content already exported outside ComeThru remains outside our control.
Your representations
You represent and warrant that (i) you own all User Content you post or have the rights to grant the license above, (ii) your User Content does not violate any law or any third party's rights, and (iii) your User Content complies with these Terms.
Limits
The current upload ceilings are 10 MB per image, 50 MB per free-tier video, 100 MB per referral-upgraded video, and 300 MB per Premium video. The app may compress, resize, transcode, or create thumbnails, but it does not guarantee removal of all embedded metadata. We may change technical limits prospectively.
8. Prohibited Conduct
You agree not to (and not to attempt to or assist anyone else to):
- Use the Service for any unlawful purpose or in violation of any law.
- Post, transmit, or share content that is illegal, defamatory, libelous, fraudulent, harassing, threatening, hateful, bullying, stalking, doxxing, discriminatory (including based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or age), or otherwise objectionable.
- Post, transmit, request, share, or facilitate child sexual abuse material ("CSAM"), grooming, sextortion, trafficking for sexual exploitation, or other child sexual abuse or exploitation ("CSAE"). ComeThru has zero tolerance for CSAE, removes confirmed prohibited material when it obtains actual knowledge, and makes reports to NCMEC or another appropriate authority as required by applicable law. See our Child Safety Standards.
- Post, transmit, or share non-consensual intimate imagery.
- Post, transmit, or share content that promotes or facilitates violence, terrorism, self-harm, suicide, eating disorders, the illegal sale of weapons, the illegal sale of controlled substances, or human trafficking.
- Impersonate any person or entity, misrepresent your affiliation with a person or entity, or create accounts using false identifying information (sockpuppets).
- Use the Service to access another user's account or attempt to do so.
- Circumvent, disable, or otherwise interfere with security features of the Service, the age gate (including by submitting false dates of birth or attempting to bypass the 90-day blocklist), or any rate limits.
- Scrape, harvest, crawl, or otherwise extract data from the Service except through documented features.
- Reverse engineer, decompile, disassemble, or attempt to derive source code from any part of the Service, except where applicable law expressly prohibits restriction.
- Use bots, scripts, automation, or other software to access, interact with, or use the Service except as we expressly permit.
- Send unsolicited commercial communications, spam, advertising, or solicitations through the Service.
- Use the Service for unauthorized commercial activity, advertising, or solicitation. Business use is permitted only through ComeThru's enabled business and advertising features and in accordance with any additional terms we present.
- Use the Service to facilitate any activity that would violate the rights of others, including privacy and intellectual-property rights.
- Circumvent a block by another user (including by creating a new account).
- Interfere with or disrupt the Service or the servers or networks that host the Service.
Violations of this Section may result in removal of content, suspension or termination of your account, and (where appropriate) referral to law enforcement.
9. Content Moderation & Reporting
We rely on a combination of automated and human moderation:
- Automated scanning. We may scan Gallery photos, video thumbnails, personal avatars, and business-profile images for safety signals. These automated results are advisory: uploads can appear without waiting for an automated approval, and an automated finding does not by itself hide or remove the content. A finding can create an internal report for human review. Automated screening can make mistakes and does not detect every violation.
- User reporting. You can report a Hang, chat message, Gallery item, Gallery comment, or user from inside the app. A report can include the reason, your description, and a server-created snapshot of the relevant content.
- Our review. A human moderator may keep or remove content after an automated or user-submitted report. We may, but are not required to, review any content and may remove content, hide content, restrict features, suspend accounts, or terminate accounts at our discretion.
We do not guarantee that all violating content will be detected or removed, or that any specific report will result in any specific action. False or abusive reports may themselves violate these Terms.
10. Blocking
You can block other users and supported businesses. A personal block removes the friendship, removes each person from the other's personal-Hang invitations and participation lists, and prevents direct signed-in access to the blocked person's profile and personal Hangs. A business block prevents following, opening, or joining that business and filters it from normal in-app discovery. Blocking does not erase earlier shared history or revoke an opaque public Hang share link that was already distributed; a generic profile deep-link page contains no profile data. You agree not to circumvent a block and acknowledge that blocking is not a substitute for contacting law enforcement in serious situations. You may appeal an account action by emailing hello@comethruapp.com, but we may decline to reinstate an account.
11. Premium Subscriptions
ComeThru offers auto-renewing Premium subscriptions through the Apple App Store and Google Play. The available plan, billing period, localized price, included benefits, and any offer terms are shown on the purchase screen before you confirm. No free trial is currently offered.
- Billing and renewal. The applicable app store charges your store account. A subscription automatically renews for the selected monthly or annual period until canceled, subject to the app store's renewal and notice rules.
- Management and cancellation. Use the subscription-management link in ComeThru's settings or the applicable app store. Canceling normally stops the next renewal; access generally continues until the store-reported entitlement expires.
- Restore. The purchase screen provides Restore Purchases. Restoration and access depend on the store receipt and the entitlement state reported through RevenueCat.
- Expiration and other Premium sources. Store-billed Premium ends when the applicable store and RevenueCat report the entitlement inactive or expired. Separately earned or promotional Premium can remain active until its own expiration. Once shared Hang content has been deleted under the retention policy, a later subscription does not restore it.
- Refunds. Apple or Google determines store refund eligibility under its policies and applicable law. A refund, revocation, chargeback, or billing failure may end Premium when the provider reports the entitlement inactive. Canceling alone ordinarily does not issue a refund.
- Changes. We may change Premium benefits or pricing prospectively, subject to app-store rules and applicable law. Material terms for an available purchase will be displayed before confirmation.
12. Intellectual Property of ComeThru
The Service, including the software, code, user interface, layout, the "ComeThru" name and wordmark, our logos, the ComeThru Brand Book color palette, fonts (including Caprasimo and Montserrat), graphics, and all other content we provide (other than User Content), are owned by ComeThru LLC or our licensors and are protected by U.S. and international intellectual property and other laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for personal purposes or through authorized ComeThru business features in accordance with these Terms. No other rights are granted. The Service incorporates open-source software components licensed under their respective licenses; nothing in these Terms restricts your rights under those open-source licenses.
Promotional or sharing assets generated by the Service may include ComeThru branding; you may use those assets for organic personal sharing, but not for commercial purposes or in any manner that suggests an endorsement, partnership, or affiliation that does not exist.
13. DMCA & Copyright
We respect intellectual property rights and respond to valid notices under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send a notice to our designated agent containing all elements required by the DMCA, including:
- A physical or electronic signature of the copyright owner or an authorized agent;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the allegedly infringing material and information reasonably sufficient to let us locate it;
- Your contact information (address, phone, email);
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.
Send DMCA notices to: hello@comethruapp.com (subject line: "DMCA Notice"). We will, in appropriate circumstances and at our discretion, terminate the accounts of users who are repeat infringers. If you believe your content was removed in error, you may submit a counter-notice with the elements required by the DMCA to the same address.
14. Account Termination & Data Deletion
Termination by you
You can delete your account at any time from the in-app Profile screen. When you request deletion:
- You are signed out immediately and your push token and refresh tokens are revoked.
- Your account enters a 30-day grace period. During this period you can reinstate the account by signing back in and confirming reinstatement.
- After the grace period, a daily scheduled process permanently deletes your authentication and private profile records, profile photo, friendships, received notifications, reminders, ordinary personal Gallery files, and personal Hang covers, and anonymizes retained personal Hangs, messages, comments, awards, reports, and outbound notifications as described in the Privacy Policy. Processing can occur after the exact 30-day point because the job is batched.
- Promotion-protected media, business-attributed media, and records retained for safety, legal, dispute, audit, or backup purposes can remain. If you are the only owner of a business, the business is closed; if another owner exists, ownership and retained business records transfer to an owner who remains. Exported Recaps or copies held by other users are outside our control.
- Your username, phone number, and email are released for reuse.
Termination by us
We may suspend or terminate your account, or restrict your access to all or part of the Service, at any time, with or without notice, for any reason, including (i) violation of these Terms, (ii) fraud or abuse, (iii) protection of the safety of users or third parties, (iv) compliance with legal process, or (v) discontinuation of the Service.
Survival
Sections 6 (Safety), 7 (User Content & License, to the extent applicable to anonymized content), 12 (IP), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 18 (Disputes), 19 (Governing Law), and 22 (Miscellaneous) survive termination.
15. Disclaimers & "As Is" Service
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. COMETHRU LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS (COLLECTIVELY, THE "COMETHRU PARTIES") DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, THE COMETHRU PARTIES DO NOT WARRANT THAT (a) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (b) ANY DEFECT WILL BE CORRECTED; (c) ANY CONTENT IS ACCURATE, RELIABLE, OR APPROPRIATE; OR (d) ANY OTHER USER IS HONEST, SAFE, OR FIT FOR YOU TO MEET. YOU ASSUME THE ENTIRE RISK OF YOUR USE OF THE SERVICE AND OF ANY IN-PERSON INTERACTIONS THAT RESULT FROM IT.
Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the foregoing exclusions apply to the maximum extent permitted by law.
16. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMETHRU PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, ANY USER CONTENT, ANY CONDUCT OR CONTENT OF ANY OTHER USER OR THIRD PARTY, OR ANY HANG OR IN-PERSON MEETUP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMETHRU PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMETHRU PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (a) ONE HUNDRED U.S. DOLLARS ($100) OR (b) THE AMOUNTS YOU PAID TO COMETHRU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
The COMETHRU PARTIES ARE NOT LIABLE FOR ACTS OR OMISSIONS OF OTHER USERS, FOR ANY HARM ARISING FROM IN-PERSON MEETUPS, OR FOR OUTAGES, CHANGES, OR FAILURES OF THIRD-PARTY SERVICES (INCLUDING FIREBASE, EXPO, APPLE, GOOGLE, SENDGRID, AND OTHERS).
Some jurisdictions do not allow the limitation or exclusion of liability for certain damages; in those jurisdictions, the foregoing limitations apply to the maximum extent permitted by law and the COMETHRU PARTIES' liability is limited to the smallest amount permitted by law.
17. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the ComeThru Parties from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of the Service; (c) your breach of these Terms; (d) your violation of any law or any rights of any third party; or (e) your conduct at or in connection with any Hang or in-person meetup. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with our defense.
18. Dispute Resolution — Arbitration & Class Action Waiver
Informal resolution first
Before filing a claim, you agree to try to resolve any dispute informally for at least 60 days. Send a written notice describing the dispute, your contact information, and the specific relief sought to hello@comethruapp.com (subject line: "Notice of Dispute"). We will do the same for any claim we have against you.
Agreement to arbitrate
You and ComeThru agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your use of the Service, your account, any User Content, any Hang, or any in-person meetup ("Dispute") that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (the "AAA Rules"), as modified by these Terms. The AAA Rules are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The seat of arbitration is California, and the arbitrator may conduct hearings remotely.
You and ComeThru waive the right to a trial by jury and the right to have any Dispute heard in a court of general jurisdiction.
Class action waiver
You and ComeThru agree that each may bring claims against the other only on an individual basis. NEITHER PARTY MAY PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION, OR IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION. The arbitrator may not consolidate claims of more than one person and may not preside over any form of class or representative proceeding.
Small-claims carve-out
Either party may bring an individual action in small-claims court for any Dispute within the scope of that court's jurisdiction, in lieu of arbitration.
Exceptions
Notwithstanding the agreement to arbitrate, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual-property rights.
Opting out
You may opt out of this arbitration agreement (including the class waiver) by sending a written notice to hello@comethruapp.com within 30 days of your first acceptance of these Terms. The notice must include (i) your full name, (ii) the phone number and/or email associated with your account, and (iii) a clear statement that you want to opt out of arbitration. Opting out will not otherwise affect your relationship with ComeThru.
Fees
Arbitration fees are governed by the AAA Rules. To the extent the AAA Rules permit us to do so, ComeThru will pay the portion of the AAA filing, administrative, and arbitrator fees that exceeds the cost of filing a comparable claim in court, for claims totaling less than $10,000, unless the arbitrator determines that the claim was frivolous or brought for an improper purpose.
Time limit
To the extent permitted by law, any claim arising out of or related to these Terms or the Service must be brought within one (1) year after the cause of action accrues; otherwise, the claim is permanently barred.
Severability
If the class-action waiver is found to be unenforceable as to any particular claim or remedy, then that claim or remedy (and only that claim or remedy) will be severed from arbitration and brought in the courts identified in Section 19; all other claims will proceed in arbitration. If any other portion of this Section is found unenforceable, the remainder will be enforced to the fullest extent permitted by law.
19. Governing Law & Venue
These Terms and any Dispute are governed by the laws of the State of California, excluding its conflict-of-laws rules, and (where applicable) the Federal Arbitration Act. For any matter not subject to arbitration under Section 18 (including any action to enforce an arbitration award), exclusive jurisdiction and venue lie in the state and federal courts located in California, and you and ComeThru consent to the personal jurisdiction of those courts.
20. Apple App Store & Google Play Additional Terms
iOS users (Apple App Store)
If you accessed or downloaded the Service from the Apple App Store, you agree that: (a) these Terms are between you and ComeThru only, and not with Apple; (b) Apple has no obligation to provide maintenance or support for the Service; (c) in the event the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Service to you, and to the maximum extent permitted by law, Apple will have no other warranty obligation; (d) Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability, consumer protection, or intellectual-property claims; (e) you represent that you are not located in a U.S.-embargoed country and are not on any U.S. government list of prohibited or restricted parties; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Android users (Google Play)
If you accessed or downloaded the Service from Google Play, your use is also subject to the Google Play Terms of Service. To the extent of any conflict between these Terms and the Google Play Terms as to the relationship between you and Google, the Google Play Terms control as to that relationship.
21. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you through the Service, by email, or by other reasonable means at least seven (7) days before the changes take effect, except where a shorter period is required by law or by an urgent security or compliance need. The "Last updated" date at the top of these Terms reflects the most recent revision. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and delete your account.
22. Miscellaneous
Entire agreement. These Terms, together with the Privacy Policy and any additional terms incorporated by reference, are the entire agreement between you and ComeThru regarding the Service and supersede all prior agreements.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
No third-party beneficiaries. Except as expressly stated in Section 20 with respect to Apple, there are no third-party beneficiaries to these Terms.
Notices. We may provide notices to you through the Service, by email, or by push notification. You may provide notices to us at hello@comethruapp.com.
Force majeure. Neither party is liable for failures or delays due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental actions, internet or telecommunications failures, and pandemic.
23. Contact
Questions about these Terms? Contact us at:
ComeThru LLC
Email: hello@comethruapp.com
California, United States