Terms of Service

1. Acceptance of Terms

Welcome to Earthlingz! These Terms of Service ("Terms") constitute a legally binding agreement between you and Earthlingz ("we," "our," or "us") regarding your use of our mobile application and related services (collectively, the "Service").

By creating an account or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

2. About Earthlingz

Earthlingz is a nonprofit organization dedicated to environmental stewardship through community-driven cleanup activities. Our mission is to:

• Facilitate and track community cleanup events
• Connect volunteers with environmental organizations
• Provide education on environmental stewardship
• Measure and report environmental impact
• Build a community of environmental advocates

As a nonprofit platform, we do not operate for profit and our Service is provided primarily to advance our environmental and educational mission.

2.1 Free Community Service

Earthlingz is provided as a free community service to support environmental action and education. You may use the app without paying any fees. Optional contributions made through the app or website help cover operational costs and support our mission, but do not provide additional access or benefits.

3. Eligibility

You must meet the following requirements to use our Service:

• You must be at least 13 years of age
• If you are under 18, you must have parental or guardian consent to participate in cleanup events
• You must provide accurate and complete registration information
• You must not be prohibited from using the Service under applicable laws
• You must comply with all local laws regarding outdoor activities and environmental work

4. User Accounts

4.1 Account Creation

To use most features of our Service, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4.2 Account Termination

You may delete your account at any time through the app settings. We reserve the right to suspend or terminate your account if you violate these Terms or engage in harmful behavior.

5. User Conduct and Community Guidelines

Earthlingz is built on principles of environmental stewardship, respect, and community. You agree to use the Service responsibly and not to:

5.1 Prohibited Activities

• Post false, misleading, or fraudulent content about cleanup activities
• Harass, bully, or threaten other users
• Post content that is hateful, discriminatory, or promotes violence
• Share sexually explicit or inappropriate content
• Violate the privacy rights of others
• Impersonate any person or entity
• Spam or send unsolicited messages to other users
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service for any illegal purpose
• Interfere with the proper functioning of the Service

5.2 Safety Guidelines

When participating in cleanup activities, you agree to:

• Follow all safety guidelines provided by event organizers
• Use appropriate personal protective equipment
• Respect private property and obtain permission before entering
• Properly dispose of collected litter according to local regulations
• Report any hazardous materials to appropriate authorities
• Not trespass or engage in dangerous activities

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of photos, posts, and other content you submit to the Service ("Your Content"). By posting Your Content, you grant Earthlingz a non-exclusive, worldwide, royalty-free license to:

• Display, reproduce, and distribute Your Content within the Service
• Use Your Content in promotional materials to advance our nonprofit mission
• Share Your Content with partner organizations as described in our Privacy Policy
• Create aggregate statistics and reports using Your Content (anonymized where appropriate)

You represent and warrant that:

• You own or have the necessary rights to Your Content
• Your Content does not violate any third-party rights
• Your Content complies with these Terms and applicable laws

6.2 Our Intellectual Property

The Service, including its design, features, text, graphics, logos, and software, is owned by Earthlingz and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse engineer any part of the Service without our written permission.

7. Data Sharing with Partner Organizations

By joining a group or RSVP'ing to an event, you consent to sharing your:

• Display name and profile photo
• Participation status and cleanup activity data
• Contact information (if you opt-in)

Partner organizations agree to use this information solely for coordinating environmental activities and recognizing volunteer contributions.

8. Third-Party Services and Links

Our Service may contain links to third-party websites, services, or events not owned or controlled by Earthlingz. We are not responsible for:

• The content, privacy policies, or practices of third-party services
• Events organized by partner organizations or other users
• Any damage or loss caused by third-party services

You acknowledge and agree that we shall not be liable for any third-party services or your interactions with them.

9. Disclaimers and Limitation of Liability

9.1 Service Provided "As Is"

Earthlingz provides the Service free of charge and on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to:

• Warranties of merchantability or fitness for a particular purpose
• Warranties that the Service will be uninterrupted, secure, or error-free
• Warranties regarding the accuracy or reliability of content or location data

9.2 Assumption of Risk

You acknowledge that participating in cleanup activities involves inherent risks, including but not limited to:

• Physical injury from handling litter or hazardous materials
• Exposure to weather conditions
• Interactions with other participants or the public
• Travel to and from cleanup locations

You voluntarily assume all risks associated with using the Service and participating in cleanup activities.

9.3 Limitation of Liability

To the maximum extent permitted by law, Earthlingz and its directors, officers, employees, volunteers, and partners shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, data, or goodwill
• Any damages arising from your use of or inability to use the Service
• Any injuries or damages sustained during cleanup activities
• Any conduct or content of other users or third parties

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid us in the past twelve months, or $100, whichever is less.

10. Indemnification

You agree to indemnify, defend, and hold harmless Earthlingz and its directors, officers, employees, volunteers, and partners from any claims, damages, losses, liabilities, and expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your Content posted on the Service
• Your participation in cleanup activities

11. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and share your personal information. Please review the Privacy Policy carefully.

You consent to our collection and use of your data as described in the Privacy Policy, including:

• Location tracking during cleanup activities
• Sharing your information with partner organizations
• Use of your cleanup data for impact reporting

12. Modifications to the Service

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service.

We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Updating the "Last Updated" date at the top of this page
• Sending you a push notification or email
• Displaying a prominent notice in the app

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and may delete your account.

14. Termination

14.1 Termination by You

You may terminate your account at any time by deleting it through the app settings. Upon termination, your right to use the Service will immediately cease.

14.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause or notice, including if:

• You violate these Terms or our community guidelines
• You engage in fraudulent or harmful activity
• Your account has been inactive for an extended period
• We are required to do so by law

14.3 Effect of Termination

Upon termination:

• Your access to the Service will be disabled
• Your personal data will be deleted as described in our Privacy Policy
• Certain provisions of these Terms will survive, including those related to intellectual property, disclaimers, and limitation of liability

15. Dispute Resolution

15.1 Informal Resolution

If you have a dispute with us, please contact us first at derek@teamearthlingz.org to attempt to resolve it informally. We are committed to working with you in good faith to resolve any issues.

15.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of law provisions.

15.3 Venue

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Portland, Oregon, and you consent to personal jurisdiction in those courts.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Earthlingz regarding the Service.

16.2 Waiver and Severability

Our failure to enforce any provision of these Terms shall not constitute a waiver. If any provision is found to be unenforceable, the remaining provisions will remain in full effect.

16.3 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations to any party at any time without notice.

16.4 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, acts of war, or technical failures.

17. Organizational and Donation Status

Earthlingz operates as a nonprofit initiative dedicated to environmental education and stewardship. While we are organized as a nonprofit entity, we are not yet recognized by the IRS as a tax-exempt 501(c)(3) organization. Contributions made through the app or website are not tax-deductible.

Any optional contributions we receive are used exclusively to:

• Maintain and improve the Earthlingz app and its infrastructure
• Support community cleanup and educational programs
• Partner with local organizations and coordinators
• Advance our mission of environmental stewardship and verified action

17.1 Donations and Refunds

Contributions are voluntary and non-refundable unless a transaction error occurs. If you believe a payment was made in error, contact support@teamearthlingz.org within 14 days of the transaction.

We process contributions via secure third-party payment providers (e.g., Stripe or PayPal). Their terms and privacy policies apply to your payment information. Earthlingz does not store payment card numbers on our servers.

17.2 Transparency

We maintain transparent financial practices and may publish summarized impact and funding reports from time to time. You may request additional information about how contributions are used by contacting us at the email below.