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Hitch Terms of Service

Effective date: [EFFECTIVE DATE]
Last updated: [LAST UPDATED DATE]

These Terms of Service, together with the End User License Agreement they contain, form a binding agreement (the "Terms") between you and [LEGAL NAME TBD] Inc., a corporation incorporated under the laws of the Province of Ontario, Canada, with its registered office at [MAILING ADDRESS TBD, Ontario, Canada] ("Hitch," "we," "us," or "our"). The Terms govern your access to and use of the Hitch mobile application and related services (together, the "Service"), a destination-wedding planning and experience app.

Please read these Terms carefully. They include important provisions about your rights and obligations, our disclaimers of warranties, limitations of our liability, and how disputes are resolved. Sections 10 and 12 in particular affect your legal rights.

1. Acceptance of the Terms

By creating an account, signing in, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree to these Terms, do not access or use the Service.

When you tap or click to continue during sign-up, or when you continue to use the Service, you accept these Terms and the Privacy Policy. If you are using the Service on behalf of another person or an organization, you represent that you have the authority to bind that person or organization to these Terms.

The Service is currently offered to users in [MARKET SCOPE TBD: Canada only, or Canada and the United States; this decision is still open]. We do not represent that the Service is appropriate or available for use in other locations.

2. Eligibility and Minimum Age

You must be at least 13 years old to create an account or use the Service. By using the Service, you represent that you are 13 or older.

If you are old enough to use the Service but have not reached the age of majority where you live, you may use the Service only under the supervision of, and with the consent of, a parent or legal guardian who agrees to be bound by these Terms on your behalf. A parent or guardian who allows a minor to use the Service is responsible for that minor's activity on the Service.

We do not knowingly collect personal information from anyone under 13. If we learn that we have collected personal information from a child under 13, we will delete it. If you believe a child under 13 has provided us information, contact us at [email protected].

3. Accounts and Passwordless Sign-In

To use most features of the Service, you must create an account. The Service uses passwordless sign-in. Instead of a password, you sign in with a one-time code or magic link that we send to the email address you provide. You are responsible for providing an email address that you control and keeping it current.

You are responsible for maintaining the security of your email account and any device you use to access the Service, and for all activity that occurs under your account. Because sign-in relies on access to your email, you should protect your email account accordingly. Do not share your one-time codes or magic links with anyone.

If you believe your account or email has been accessed without your authorization, or if you notice any other breach of security, notify us promptly at [email protected]. We are not liable for any loss or damage arising from your failure to protect your account, your email, or your sign-in credentials.

You agree to provide accurate and complete information when you create an account and to keep that information updated. You may not create an account using someone else's identity or email without permission, and you may not maintain more than one account in a way intended to evade a suspension or ban.

4. License to Use the App (End User License Agreement)

4.1 License grant

Subject to your compliance with these Terms, Hitch grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the Service on a device that you own or control, solely for your personal, non-commercial use in connection with planning and participating in wedding events. This Section 4 is the End User License Agreement (the "EULA") for the Service.

4.2 Restrictions

You may not, and may not permit anyone else to: (a) copy, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the Service to any third party; (d) remove, alter, or obscure any proprietary notices; (e) use the Service to build a competing product or service; (f) access the Service through automated means except as we expressly permit; or (g) use the Service in any manner that violates these Terms or applicable law.

4.3 Reservation of rights

The Service, including its software, design, text, graphics, and other content we provide, and all intellectual property rights in it, are and remain owned by Hitch and our licensors. Except for the limited license granted in this Section 4, these Terms do not grant you any rights in the Service, and all rights not expressly granted are reserved.

4.4 Apple-specific terms

This Section 4.4 applies when you obtain or use the Service through Apple's App Store on an Apple device. You acknowledge and agree that:

(a) This agreement is between you and Hitch only, not with Apple. These Terms are concluded between you and [LEGAL NAME TBD] Inc., and not with Apple Inc. ("Apple"). Hitch, not Apple, is solely responsible for the Service and its content.

(b) Scope of license. The license granted to you for the Service is limited to a non-transferable license to use the Service on any Apple-branded product that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Service may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where applicable.

(c) Maintenance and support. Hitch is solely responsible for providing any maintenance and support services for the Service. Apple has no obligation to furnish any maintenance or support services for the Service.

(d) Warranty. Hitch is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Service to you, if any. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are Hitch's sole responsibility.

(e) Product claims. Hitch, not Apple, is responsible for addressing any claims by you or any third party relating to the Service or your possession or use of the Service, including: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Service's use of any in-app features. These Terms do not limit Hitch's liability to you beyond what is permitted by applicable law.

(f) Intellectual property. In the event of any third-party claim that the Service or your possession and use of the Service infringes that third party's intellectual property rights, Hitch, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.

(g) Legal compliance. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

(h) Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, 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 of these Terms.

(i) Developer contact. Questions, complaints, or claims about the Service should be directed to Hitch at [email protected].

5. User Content

5.1 Your content and ownership

The Service lets you and other users post and share content, including messages, direct messages, channel posts, and photos, including photos shared through the late-night "After Dark" photo-sharing mode (together, "User Content"). You retain ownership of the User Content you create. We do not claim ownership of your User Content.

5.2 License you grant to Hitch

To operate the Service, we need permission to handle your User Content. You grant Hitch a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, adapt (for example, to resize or reformat), transmit, and otherwise process your User Content, solely as needed to operate, provide, secure, and improve the Service and to deliver your User Content to the people and wedding communities you share it with. This license lasts only as long as your User Content remains on the Service, except that residual copies may persist for a reasonable period in backups and where content has been shared with others who have not deleted it.

5.3 Your responsibility for your content

You are solely responsible for your User Content and for the consequences of posting it. You represent and warrant that: (a) you own or have all necessary rights and permissions to post your User Content and to grant the license in Section 5.2; (b) your User Content does not violate these Terms, the rights of any third party, or any applicable law; and (c) for any photo or other content that includes another identifiable person, you have that person's permission to capture, upload, and share it as appropriate, or you otherwise have the legal right to do so. This is especially important for photos taken in social settings and for content shared through After Dark.

5.4 We do not endorse User Content

User Content reflects the views of the person who posted it and not of Hitch. We do not pre-screen all User Content and are not responsible for User Content posted by users. However, we may review, moderate, remove, or restrict User Content as described in Section 6.

6. Acceptable Use Policy and Zero Tolerance for Objectionable Content

6.1 Zero-tolerance policy

Hitch has zero tolerance for objectionable content and for abusive users. This is a condition of using the Service and applies to all User Content and all conduct on the Service, including in messages, direct messages, channel posts, photos, and After Dark.

6.2 Prohibited content and conduct

You may not post, share, or transmit any content, and you may not engage in any conduct, that:

• harasses, bullies, threatens, stalks, or intimidates any person;
• promotes or incites hatred, discrimination, or violence against people based on race, ethnicity, national origin, religion, sex, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic;
• is sexually exploitative or abusive, including any sexual content involving minors, non-consensual intimate imagery, or content that sexualizes any person without consent;
• is obscene, pornographic, or otherwise objectionable in the context of a shared wedding community;
• is unlawful, defamatory, or fraudulent, or that facilitates illegal activity, including the sale of illegal goods or services;
• infringes anyone's intellectual property, privacy, or publicity rights;
• contains malware, or is designed to disrupt, damage, or gain unauthorized access to any system, account, or data;
• impersonates any person or misrepresents your affiliation with any person; or
• is spam, or is unsolicited or unauthorized advertising or promotional material.

6.3 Reporting, blocking, and moderation

We provide tools to keep the Service safe, and we act on reports.

• In-app reporting. You can report or flag messages, photos, direct messages, and After Dark content directly in the app. Reports route to the wedding host's moderation queue for review.
• Blocking. You can block other users using the in-app "Blocked people" manager. Blocking limits your interaction with the blocked person on the Service.
• Host and platform action. Wedding hosts can remove or hide content within the events they host. Hitch can also remove or restrict content and suspend or terminate accounts.
• Timely action. We are committed to reviewing reported content and acting on it, with offending content or users removed, within 24 hours of a report. Where content or conduct is clearly and severely harmful, we may act sooner and without notice.

6.4 How to report

To report objectionable content or abusive behavior, use the in-app report tools, or contact us at [email protected]. To limit contact with a specific person, use the in-app "Blocked people" manager.

6.5 Enforcement

We may remove or restrict any content, and suspend or terminate any account, that we determine, in our reasonable judgment, violates these Terms or the Acceptable Use Policy, or that is otherwise harmful to users, to Hitch, or to third parties. We may take these actions with or without prior notice. Nothing in this Section limits any other right or remedy available to us.

7. Host Responsibilities

Some users act as wedding hosts and set up events, invite guests, and manage communities on the Service. If you are a host, additional responsibilities apply to you.

• Permission to add guests. You represent and warrant that you have permission to add the contact information of each guest you invite or add, and to use that information to invite them to your event on the Service.
• Your guest communications. You are responsible for the communications you send to your guests through the Service and for ensuring those communications comply with these Terms and with applicable law.
• Moderation of your event. As described in Section 6, reported content within your event routes to your moderation queue, and you can remove or hide content within your event. You agree to handle reports responsibly. Hitch retains the right to act on content and accounts regardless of host action.

Being a host does not make you an employee, agent, or partner of Hitch, and Hitch is not responsible for your conduct as a host toward your guests.

8. Payments, Purchases, and Subscriptions

Some features and products are offered for a fee. The following applies where offered. Certain paid features are gated and may not be active at launch.

8.1 Hitch Pro (in-app purchase through Apple)

Where offered, "Hitch Pro" is a paid upgrade sold as an in-app purchase through Apple. When you buy Hitch Pro, you buy it through your Apple account, and the purchase is subject to Apple's terms, including the Apple Media Services Terms and Conditions, in addition to these Terms. Apple, not Hitch, processes in-app purchases and manages billing for them.

If Hitch Pro is offered as an auto-renewing subscription, the following applies where offered: your subscription automatically renews at the then-current price for the applicable period unless you cancel at least [CANCELLATION WINDOW, e.g., 24 hours] before the end of the current period; your Apple account is charged for renewal within [RENEWAL CHARGE WINDOW, e.g., 24 hours] before the end of the current period; and you can manage or cancel your subscription in your Apple account settings. Any applicable free trial terms will be disclosed at the point of purchase. Refunds for in-app purchases are handled by Apple in accordance with Apple's policies, except where non-waivable law provides otherwise. See Section 10.4.

8.2 Memory book (physical good, external payment)

Where offered, the "memory book" is a physical hardcover book. Because it is a physical good, it is not sold through Apple in-app purchase. It is sold through an external payment process handled by our third-party payment processor, [Stripe]. When you order a memory book, you provide payment and shipping information to complete the order, and your purchase is subject to the following order, shipping, and refund terms, in addition to any terms presented at checkout:

• Order and price. Prices, taxes, and any shipping fees are shown at checkout and are payable at the time of order. We may correct pricing errors and cancel affected orders.
• Shipping. We ship to eligible addresses in Canada [and, if the still-open US market decision is confirmed, the United States]. Estimated production and delivery times are shown at or before checkout and are estimates, not guarantees.
• Refunds and returns. Because a memory book is produced to order, our refund and return policy is as follows: [REFUND / RETURN POLICY AND WINDOW FOR MEMORY BOOK, e.g., refunds for damaged or defective items reported within a stated window; to be completed]. Nothing in this Section limits any non-waivable consumer rights you have under applicable law. See Section 10.4.
• Support. For questions about a memory book order, contact us at [email protected].

8.3 Taxes

You are responsible for any applicable taxes associated with your purchases, except for taxes based on Hitch's net income.

9. Third-Party Services

The Service relies on and interacts with third-party services. Where offered, these include Apple (for app distribution and in-app purchases) and our payment processor [Stripe] (for physical-goods purchases). Your use of a third party's service is governed by that third party's terms and privacy practices, not by these Terms. We are not responsible for the acts, omissions, products, or services of third parties, and including a third party in the Service is not an endorsement. We may add, change, or remove third-party services over time.

10. Disclaimers, Limitation of Liability, and Indemnification

[NOTE TO COUNSEL] The disclaimers, liability limits, and indemnity in this Section must be reviewed to preserve mandatory consumer-protection rights that cannot be waived under Canadian federal and provincial consumer-protection law, including Ontario's Consumer Protection Act, 2002 (and its successor, the Consumer Protection Act, 2023; counsel to confirm its in-force status at publication), Ontario's Sale of Goods Act for the memory book, other provinces' consumer-protection and sale-of-goods statutes, and Quebec's Consumer Protection Act and Civil Code. [If the still-open US market decision is confirmed, also review against US state consumer-protection law, including California's Consumers Legal Remedies Act and Song-Beverly, as applicable.] Confirm that the "as is" disclaimer, the liability cap, and the indemnity carve out non-waivable rights and are enforceable in each market. Confirm the memory book (a physical good sold to consumers) is treated correctly under applicable sale-of-goods and consumer-warranty law.

10.1 Service provided "as is"

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. We disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, secure, error-free, or free of harmful components, or that any User Content is accurate or reliable.

10.2 Limitation of liability

To the maximum extent permitted by applicable law, in no event will Hitch, or our officers, directors, employees, or agents, be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of, or inability to use, the Service, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, Hitch's total liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of [LIABILITY CAP AMOUNT, e.g., the amount you paid Hitch in the 12 months before the claim] or [ALTERNATIVE FLOOR, e.g., CAD 100].

10.3 Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Hitch and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party. We may assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense.

10.4 Non-waivable rights

Nothing in these Terms is intended to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by any applicable law that cannot lawfully be excluded, restricted, or modified. If you are a consumer, you may have rights under the consumer-protection laws of your province, state, or country, including under Ontario and other provincial law, Quebec law, and Canadian federal law [and, if the still-open US market decision is confirmed, US state law including California's], that these Terms do not and cannot override. Where any provision of Sections 10.1 through 10.3 is limited or prohibited by such law, that provision applies only to the extent permitted, and the remaining provisions remain in effect.

11. Termination and Suspension

11.1 Termination by you

You may stop using the Service at any time. You may delete your account through the app where that option is available, or by contacting us at [email protected]. Cancelling a subscription is handled through your Apple account as described in Section 8.

11.2 Suspension or termination by Hitch

We may suspend or terminate your access to the Service, or remove your User Content, at any time, with or without notice, if: (a) you violate these Terms or the Acceptable Use Policy; (b) we are required to do so by law; (c) we reasonably believe your conduct creates risk or legal exposure for Hitch or other users; or (d) we discontinue the Service or a feature. Where practicable and appropriate, we will give notice, but for serious violations, including objectionable content or abusive behavior, we may act immediately.

11.3 Effect of termination

On termination, your license to use the Service ends and you must stop using it. Sections that by their nature should survive termination will survive, including Sections 4.3, 5.2 (to the extent content remains shared), 6, 8 (for amounts owed), 9, 10, 12, and this Section 11.3. Termination does not entitle you to a refund except as required by applicable law or as expressly stated in these Terms.

12. Governing Law and Dispute Resolution

[NOTE TO COUNSEL] Confirm the governing-law and dispute-resolution approach before publication. In particular: (a) preserve consumers' rights to bring claims and access remedies under the consumer-protection law of their home province; note that Ontario's Consumer Protection Act, 2002 (sections 7 and 8) makes mandatory-arbitration terms and class-action waivers unenforceable against consumers to the extent they prevent court or class proceedings, that Quebec's Consumer Protection Act (section 11.1) prohibits imposing arbitration on Quebec consumers, and that other provinces vary (see TELUS v. Wellman and Uber v. Heller on when arbitration clauses fail), so include a Quebec carve-out and consider a broader consumer carve-out; (b) decide whether to require arbitration at all and, if so, on what terms and for which users, and confirm enforceability in each Canadian province [and, if the still-open US market decision is confirmed, against US consumers under US law]; and (c) complete the bracketed choices below. The clause below is a placeholder framework, not a final decision.

12.1 Governing law

Except where prohibited by applicable law, these Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. This choice of law does not deprive you of the protection of mandatory consumer-protection laws of the province, state, or country where you live.

12.2 Forum

Subject to Section 12.3 and to any non-waivable consumer rights, you and Hitch agree that the exclusive forum for any dispute not subject to arbitration will be the courts of the Province of Ontario sitting in Toronto, Ontario, and you and Hitch attorn to the jurisdiction of those courts.

12.3 Dispute resolution and arbitration

[ARBITRATION CHOICE TO BE COMPLETED BY COUNSEL: decide whether any disputes are resolved by binding arbitration. If arbitration is adopted, the intended framework is: seat and place of arbitration Toronto, Ontario; conducted under Ontario's Arbitration Act, 1991 (or the International Commercial Arbitration Act, 2017 where it applies; counsel to confirm which governs); administered by [ARBITRAL INSTITUTION AND RULES, e.g., the ADR Institute of Canada under its arbitration rules]; with a carve-out preserving Small Claims Court for qualifying claims, any opt-out right and how to exercise it, and whether a class-action waiver applies to non-consumer disputes. Counsel must confirm enforceability province by province: Ontario's Consumer Protection Act, 2002 and Quebec's Consumer Protection Act invalidate mandatory arbitration and class-waiver terms against consumers, so any arbitration clause likely cannot bind consumers in those provinces and may need to be opt-in or limited to non-consumer disputes. If the still-open US market decision is confirmed, separately settle the posture for US users under US law.]

12.4 Informal resolution

Before starting any formal proceeding, please contact us at [email protected] so we can try to resolve the matter informally.

13. Changes to the Terms

We may update these Terms from time to time. When we make material changes, we will take reasonable steps to notify you, for example by posting the updated Terms in the app, updating the "Last updated" date at the top, or notifying you by email or in-app notice. Changes take effect when we post them, unless we state a later effective date or applicable law requires otherwise.

Your continued use of the Service after the updated Terms take effect means you accept the changes. If you do not agree to the updated Terms, you must stop using the Service and may delete your account. For changes to any paid feature, applicable purchase or subscription terms and applicable law will govern how changes affect existing purchases.

14. Contact

If you have questions about these Terms, or to report objectionable content or abuse, contact us at:

• Email: [email protected]
• Mailing address: [[LEGAL NAME TBD] Inc., mailing address, Ontario, Canada, to be filled]

15. General

These Terms, together with the Privacy Policy and any additional terms presented at the point of purchase, are the entire agreement between you and Hitch about the Service. If any provision of these Terms is found unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of it. You may not assign or transfer these Terms without our prior written consent, and any attempt to do so is void. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets, or by operation of law. Headings are for convenience only and do not affect interpretation.