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Terms of Service

Last updated: [EFFECTIVE DATE]

READ CAREFULLY. These Terms of Service form a legally binding agreement. By accessing or using Takes in any way you agree to every provision below. If you do not agree, do not use the Service. These Terms should be reviewed by an attorney before being relied upon as final legal documents.

Plain-English summary (the full Terms below control):

Takes is for informal opinions and entertainment only. Votes, comments, percentages, and results are not advice of any kind. You are responsible for your own decisions — the Service does not make decisions for you. Poll results are not scientific or representative. Some content and activity on Takes may be automated, AI-assisted, editorial, seeded, or test content. Do not use Takes for emergencies or in place of professional advice. Takes shows informal crowd opinions only. You make the final call.

1. Acceptance of Terms

By accessing, browsing, downloading, installing, registering for, or using Takes or any related service — including the website at takessocial.com, any mobile application, API, email, push notification, or embedded content — you ("User," "you," "your") agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, our Community Guidelines, and any other policies or supplemental terms we post (collectively, the "Agreement").

If you access the Service through an app store (Apple App Store, Google Play, or similar), additional terms from that store may apply. In the event of a conflict between those terms and these Terms, these Terms control to the extent permitted by the app store's terms.

We may update these Terms at any time. When we do, we will update the "Last updated" date above. We may also provide notice by email, in-app notification, or other means. Your continued use of the Service after any update constitutes your acceptance of the revised Terms. If you do not agree to updated Terms, you must stop using the Service.

2. Definitions

3. Eligibility and Age

You must be at least 13 years old to use the Service. We recommend that users be at least 16 years old given the social and interactive nature of the platform. Users under the age of majority in their jurisdiction must have a parent or legal guardian who has read and agreed to these Terms on their behalf.

By using the Service you represent and warrant that: (a) you meet the minimum age requirement; (b) you are not barred from using the Service under applicable law; and (c) any registration information you provide is accurate, current, and complete.

COPPA Notice. We do not knowingly collect personal information from children under 13. If you believe a child under 13 has created an account or submitted personal data, a parent or guardian should contact us at support@takessocial.com and we will delete the account and associated data as promptly as reasonably possible.

We reserve the right to restrict or terminate any account we believe is held by a user who does not meet eligibility requirements.

4. Nature of the Service

Takes is a social discussion, entertainment, and informal polling platform. The Service lets people post two-sided questions ("takes"), cast informal votes for option A or B, comment, upvote, share opinions, and see how others weigh in on topics of interest.

The Service does not decide anything for you. Takes does not verify the truth, accuracy, usefulness, safety, representativeness, legality, or appropriateness of any User Content, vote result, comment, ranking, trend, or other signal on the Service.

The Service is not a professional-advice platform. It is not intended for emergencies, crisis intervention, mental health support, counseling, medical triage, legal consultation, financial planning, or any High-Risk Decision. See Sections 5 and 6 for critical limitations.

5. No Advice; User Responsibility

Takes shows informal crowd opinions only. You make the final call.

Content, votes, comments, percentages, rankings, trends, notifications, labels, summaries, prompts, AI outputs, Automated Content, Seeded Content, and all other engagement signals on the Service are not professional, legal, medical, financial, investment, tax, employment, housing, immigration, relationship, safety, mental health, or other advice of any kind.

No use of the Service creates any advisory, fiduciary, counseling, therapeutic, attorney-client, physician-patient, or other professional relationship between you and Takes or between you and any other User.

You are solely responsible for evaluating all information on the Service and for making your own decisions. You agree not to rely on the Service as the sole or primary basis for any decision — including but not limited to decisions about quitting a job, ending a relationship, investing money, confronting another person, making a medical choice, taking or stopping medication, pursuing or avoiding legal action, relocating, traveling, or taking any action that could affect your health, safety, finances, legal rights, employment, housing, or the wellbeing of yourself or others.

You assume all risks from any decision, action, inaction, reliance, interpretation, or choice you make after using or viewing the Service. Takes is not liable for any consequence of any decision influenced by anything you see, read, vote on, or experience on the Service.

6. High-Risk Decisions, Emergencies, and Crisis Content

The Service is not for emergencies. If you may be in immediate danger, are experiencing a medical emergency, or are considering self-harm, suicide, or harm to others, stop using this app and contact emergency services (911 in the US) or a crisis resource immediately.

Crisis Text Line: Text HOME to 741741  |  988 Suicide & Crisis Lifeline: Call or text 988  |  International Association for Suicide Prevention: iasp.info

Takes must not be used to seek guidance or crowd opinion on medical emergencies, mental health crises, self-harm, suicidal ideation, abuse, violence, exploitation, stalking, legal emergencies, financial emergencies, immigration emergencies, or any situation where a wrong choice could cause serious harm or death.

If you are facing abuse, violence, exploitation, or a medical or legal emergency, contact appropriate licensed professionals or authorities. Crowd votes are not a substitute.

You must not post Content that encourages, glorifies, romanticizes, instructs, or invites others to engage in self-harm, suicide, eating disorders, dangerous challenges, violence, abuse, illegal acts, or harmful behavior. You must not ask the crowd whether someone should harm themselves or others.

Takes may, at our sole discretion, restrict, remove, label, hide, downrank, disable voting or commenting on, or escalate content we believe involves crisis, self-harm, or serious risk. We may display crisis resource prompts or banners near such content. We do not guarantee we will detect such content or respond within any particular timeframe, and we are not liable for any failure to do so.

7. Poll Results Are Informal, Non-Representative, and Non-Scientific

Vote totals, percentages, vote splits, rankings, trending indicators, comment counts, upvotes, and all other engagement signals on the Service are informal, non-scientific, and non-representative.

Results may be incomplete, inaccurate, biased, delayed, manipulated by users, affected by spam or bots, influenced by small or skewed sample sizes, affected by moderation decisions, affected by ranking or algorithmic systems, affected by Seeded or Automated Content, or affected by technical errors. Takes does not guarantee that any result reflects the views of the general public, real users, experts, verified human opinions, or any demographic group.

Votes may be cast by users with incomplete information, as jokes, as emotional reactions, in bad faith, or based on bias. You should not treat poll results as facts, instructions, recommendations, predictions, scientific data, or representative measurements of any kind.

8. Automated, AI-Assisted, Editorial, Staff-Created, Seeded, and Test Content

Takes may create, display, rank, moderate, promote, test, edit, remove, or otherwise use Automated Content, AI-Assisted Content, editorial content, staff-created content, Seeded Content, and test content and activity on the Service. This may include takes (questions), option text, comments, votes, upvotes, accounts, profiles, engagement signals, labels, ranking inputs, recommendations, moderation outputs, notifications, and other activity.

Purposes may include starting or diversifying discussions, avoiding an empty feed for new users, product testing, quality control, moderation, safety, spam detection, UX testing, analytics, and early community development.

Such content and activity may not represent real users, verified human opinions, actual independent consensus, or genuine public sentiment. Automated or seeded content may not represent real users, verified human opinions, or independent community consensus.

Takes may use labels such as "Seeded," "Automated," "Editorial," "Takes Bot," or "Staff" on some such content, but does not guarantee that every item of Automated, Seeded, or AI-Assisted Content will be labeled at all times unless required by applicable law.

Takes does not guarantee that AI outputs or AI-Assisted Content are accurate, safe, unbiased, original, non-infringing, complete, or suitable for any purpose. You must not treat Automated Content or AI-Assisted Content as advice. Takes may remove or modify such content at any time without notice.

9. User Content — Ownership and License

You retain ownership of your User Content. By posting User Content, you grant Takes a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, distribute, publish, modify for formatting and compatibility, adapt, translate, create derivative works from, promote, use in feeds, use in marketing materials, use for moderation and safety purposes, use for analytics, and otherwise operate and improve the Service using your User Content.

This license survives deletion of your content or account to the extent your content was shared with others, cached, backed up, used in moderation records, preserved in legal records, or displayed in another user's interaction history.

You represent and warrant that you own your User Content or have obtained all rights, licenses, consents, permissions, and releases necessary to grant the license above and to post the content without violating any third-party rights or applicable law. You are solely responsible for your User Content. Takes does not endorse any User Content.

10. User Content Risks

User Content may be offensive, inaccurate, misleading, harmful, biased, defamatory, illegal, or distressing. You access and interact with User Content entirely at your own risk. Takes is not responsible for the accuracy, completeness, legality, safety, or consequences of any User Content.

Takes is not responsible for disputes between users, for third-party consequences of User Content, or for any harm caused by another user's conduct on or off the Service.

11. Prohibited Content and Conduct

You must not post, upload, transmit, or facilitate any Content or conduct that:

12. Defamation, Accusations, and Third-Party Rights

You must not use Takes to post false, misleading, defamatory, invasive, harassing, or harmful claims about real people, businesses, employers, schools, partners, ex-partners, family members, or organizations. You must not use the Service to conduct trial-by-poll — asking the crowd to judge, condemn, or take sides against a real named private individual based on your account of a dispute.

If you discuss real people or organizations, you are solely responsible for the truthfulness, legality, privacy implications, and consequences of your Content. Takes may remove or restrict such Content at our sole discretion but is not obligated to do so.

13. Privacy and Sensitive Information

You should not post private, identifying, confidential, financial, medical, legal, intimate, employment, educational, or personal information about yourself or others. You are responsible for any information you choose to disclose. Takes may remove exposed personal information but does not guarantee that it will detect or remove such information before it is viewed by others. Please review our Privacy Policy for details about how we handle personal data.

14. Media Uploads

If you upload images, video, or other media, you represent that you hold all necessary rights to do so. You must not upload illegal, explicit, exploitative, private, non-consensual, or infringing media of any kind. No CSAM or sexual content involving minors may be uploaded under any circumstances.

Takes may scan, moderate, remove, compress, transform, or restrict uploaded media at any time. Takes is not responsible for any loss, misuse, or exposure of media you upload to the Service.

15. Child Safety and CSAM — Zero Tolerance

Any Content that sexually exploits minors, constitutes child sexual abuse material (CSAM), facilitates grooming, sexualizes minors, or depicts minors in a sexual context is absolutely prohibited. Such Content will be removed immediately, preserved, reported to the National Center for Missing and Exploited Children (NCMEC) and relevant law enforcement, and the responsible account will be permanently terminated. Takes will cooperate fully with any resulting investigation.

16. Reporting, Moderation, and Enforcement

Users may report Content using the report feature. Takes may review reported Content but does not guarantee any particular action, response time, or outcome. Takes may, in its sole discretion: remove Content, restrict features, disable voting or commenting on a take, label or downrank Content, temporarily suspend accounts, permanently terminate accounts, preserve records, notify authorities, or take any other action it deems appropriate.

Moderation may use automated tools, AI, human reviewers, third-party vendors, and user reports. Moderation is imperfect and may be inconsistent, delayed, or mistaken. Takes is not liable for moderation decisions or for failures to moderate.

17. Ranking, Feeds, Trending, and Algorithms

Feeds, rankings, trending indicators, recommendations, notifications, search results, and popularity signals are produced by algorithmic and editorial systems. They may consider votes, comments, upvotes, recency, reports, moderation signals, quality indicators, Automated or Seeded Content, testing activity, and other factors. They are not endorsements, advice, objective measurements, or guarantees of any kind. Takes may change its algorithms, ranking criteria, and feed logic at any time without notice.

18. Vote and Engagement Integrity

You may not manipulate votes, upvotes, comments, rankings, or any other engagement signal. Prohibited conduct includes buying or selling votes, using fake accounts, scripts, bots, coordinated manipulation, brigading, and evading rate limits or account restrictions. Takes may remove, adjust, or nullify votes or engagement it believes to be fraudulent, automated, abusive, or invalid. Takes does not guarantee that visible vote or engagement counts are exact at any given moment.

19. Account Registration and Security

You are responsible for your account credentials and for all activity that occurs under your account. You must provide accurate information and must not impersonate any other person or entity. Takes may refuse or reclaim usernames, remove profiles, restrict accounts, or require additional verification at any time. You must notify us promptly at support@takessocial.com if you become aware of unauthorized access to your account. We are not liable for loss resulting from unauthorized use of your account.

20. Account Suspension and Termination

Takes may suspend, restrict, or terminate your account and access to the Service at any time, for any reason permitted by law, with or without notice. We may also remove your Content with or without notice. You may stop using the Service at any time. Termination does not affect obligations that survive, including your Content license, indemnification obligations, disclaimer of warranties, limitation of liability, and dispute resolution provisions.

21. Future Premium Features

Takes does not currently offer paid features. If paid features are introduced in the future, they will be governed by additional terms covering fees, billing, renewals, cancellations, refunds, and applicable app-store rules and taxes. No paid feature will guarantee changes to vote outcomes, ranking, or visibility unless explicitly and separately stated.

22. Third-Party Services

The Service relies on third-party providers including but not limited to Supabase (database and authentication), Vercel (hosting and edge functions), Google (OAuth authentication), AI providers, analytics services, cloud storage, and other vendors. Takes is not responsible for the practices, content, availability, security, terms, or policies of any third-party service. Your use of those services may be subject to their own terms and privacy policies.

23. Intellectual Property and DMCA

Takes owns all rights in its brand, logos, design, code, UI, trade dress, Platform Content, and the Service itself, except for User Content. You may not copy, modify, reverse engineer, disassemble, decompile, or misuse any part of the Service.

DMCA Takedown. We respect intellectual property rights and respond to valid DMCA notices. To submit a notice, contact us at support@takessocial.com. Your notice must include: (1) identification of the copyrighted work; (2) identification of the infringing material and its location; (3) your contact information; (4) a statement of good-faith belief that the use is unauthorized; and (5) a statement under penalty of perjury that the information is accurate and that you are the rights holder or authorized to act on their behalf.

If your content was removed in error, you may submit a counter-notice to the same address. Repeat infringers will have their accounts permanently disabled.

24. Feedback

If you submit ideas, suggestions, or feedback about the Service, you grant Takes a worldwide, irrevocable, royalty-free, perpetual license to use that feedback in any way without compensation or obligation to you.

25. Data, Backups, and Content Deletion

Takes does not guarantee the storage, preservation, availability, or accuracy of any Content. Content may be deleted, become unavailable, be corrupted, or be retained in backups, moderation records, or legal archives. Deleting your Content or account does not guarantee removal of copies that have already been viewed, shared, cached, indexed, or retained by other users or third parties.

26. App Store Terms

If you download or use the Service through the Apple App Store or Google Play Store, additional terms from that store may apply. App stores are not responsible for the Service or its content. Apple Inc. and Google LLC are third-party beneficiaries of these Terms to the extent required by their platform policies.

27. International Users

The Service is operated from the United States. If you access the Service from outside the United States, you do so at your own risk and are responsible for compliance with your local laws. By using the Service, you consent to the transfer and processing of your data in the United States and other countries where Takes or its service providers operate. Takes may restrict Service availability by region at any time.

28. Law Enforcement and Legal Disclosures

Takes may preserve, disclose, or report information — including account data and Content — if we believe doing so is reasonably necessary to comply with a legal obligation or valid legal process, to protect the safety of any person, to prevent fraud or abuse, to protect the rights or property of Takes, or to enforce these Terms. Takes may cooperate with law enforcement, regulators, and other government authorities in connection with any investigation.

29. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAKES EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TAKES MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY CONTENT IS ACCURATE, SAFE, LAWFUL, COMPLETE, USEFUL, REPRESENTATIVE, OR RELIABLE; (D) AI, AUTOMATED, OR SEEDED CONTENT IS ACCURATE, ORIGINAL, UNBIASED, OR NON-INFRINGING; (E) POLL RESULTS, RANKINGS, VOTES, OR ENGAGEMENT SIGNALS ARE ACCURATE, REPRESENTATIVE, OR MEANINGFUL; (F) MODERATION WILL BE CONSISTENT OR COMPLETE; OR (G) THE SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

NO INFORMATION OBTAINED FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

30. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TAKES AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AGENTS, VENDORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

IN NO EVENT SHALL TAKES' TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO TAKES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TAKES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS; IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

31. Assumption of Risk

You understand that social content on the Service may be wrong, offensive, harmful, incomplete, manipulated, automated, distressing, or unverified. You voluntarily assume all risks from using, posting, voting, commenting, viewing, relying on, or interacting with the Service in any way.

32. Release

You release Takes and its owners, officers, employees, agents, and affiliates from any and all claims, demands, damages, losses, and liabilities of every kind, known or unknown, arising from disputes with other users, decisions you make based on the Service, User Content, votes, comments, results, moderation, or any interaction on or related to the Service.

If you are a California resident, you waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

33. Indemnification

You agree to defend, indemnify, and hold harmless Takes and its owners, officers, employees, contractors, affiliates, agents, vendors, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and attorneys' fees arising out of or relating to: (a) your User Content; (b) your conduct on or related to the Service; (c) decisions you make based on the Service; (d) your violation of these Terms; (e) your violation of any applicable law or third-party right, including intellectual property rights, rights of publicity, and privacy rights; (f) any harmful, defamatory, or unlawful Content you post; or (g) any dispute between you and another user.

34. Dispute Resolution

Informal Resolution. Before filing any claim, you agree to contact us at support@takessocial.com and attempt to resolve the dispute informally for at least thirty (30) days.

Binding Arbitration. [ARBITRATION CLAUSE — TO BE DRAFTED BY ATTORNEY. Placeholder: If informal resolution fails, disputes shall be resolved by binding individual arbitration administered by [ARBITRATION PROVIDER, e.g. AAA or JAMS] under its applicable rules. The arbitration shall take place in [COUNTY, STATE]. The arbitrator's decision shall be final and binding.]

Class Action Waiver. [CLASS ACTION WAIVER — TO BE DRAFTED BY ATTORNEY. Placeholder: You waive any right to participate in any class action, collective action, or representative proceeding against Takes.]

Jury Trial Waiver. [JURY TRIAL WAIVER — TO BE REVIEWED BY ATTORNEY.]

Exceptions. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or address security abuse. Either party may bring claims in small claims court for eligible disputes.

Opt-Out. [OPT-OUT LANGUAGE IF REQUIRED — TO BE REVIEWED BY ATTORNEY.]

35. Governing Law and Venue

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles. For any matter not subject to arbitration, you consent to the exclusive jurisdiction of the courts located in [COUNTY, STATE]. If you access the Service from outside the United States, you are responsible for compliance with your local laws.

36. Changes to Terms

We may update these Terms at any time. When we do, we will update the effective date above. We may provide notice by posting, email, in-app notification, or other reasonable means. Your continued use of the Service after any change constitutes acceptance of the revised Terms. If you do not agree, stop using the Service.

37. Changes to the Service

Takes may add, remove, test, suspend, discontinue, limit, rename, redesign, or otherwise change any feature or aspect of the Service at any time, with or without notice. No feature is guaranteed to continue. We are not liable for any impact on you from changes to the Service.

38. Miscellaneous

Entire Agreement. These Terms, together with the Privacy Policy and Community Guidelines, constitute the entire agreement between you and Takes regarding your use of the Service and supersede all prior agreements on the same subject matter.

Severability. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

No Waiver. Our failure to enforce any provision does not waive our right to enforce it later.

Assignment. You may not assign or transfer your rights under these Terms. Takes may assign its rights without restriction.

Force Majeure. Takes is not liable for delays or failures caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, power failures, or internet infrastructure failures.

Headings. Section headings are for convenience only and do not affect interpretation.

Electronic Communications. By using the Service, you consent to receive electronic communications from us. These communications satisfy any legal requirement that communications be in writing.

Survival. Sections 5, 6, 7, 8, 9, 10, 11, 12, 15, 23, 24, 29, 30, 31, 32, 33, 34, 35, and 38 survive termination of your account or these Terms.

Section 230. Takes is an interactive computer service provider under Section 230 of the Communications Decency Act (47 U.S.C. § 230). We are not the publisher or speaker of User Content and are not liable for User Content posted by third parties.

39. Contact

For legal notices, DMCA takedown requests, right-of-publicity complaints, privacy matters, or questions about these Terms, contact us at support@takessocial.com.