Legal
Terms of Service
Last updated September 22, 2026
Welcome to Porchside. These Terms of Service ("Terms") govern your access to and use of the Porchside mobile application, the porchside.co website, and related services (collectively, the "Service"), operated by Kinward, Inc. ("Porchside," "we," "us," or "our"). By creating an account, or by using the Service, you agree to be bound by these Terms, our Community Guidelines, and our Privacy Policy. Please read sections 27 and 28 carefully: section 27 requires most disputes to be resolved by individual arbitration rather than in court and gives you 30 days to opt out of it, and section 28 waives your right to a trial by jury and to take part in a class action whether or not you opt out.
1. About These Terms and How They Change
These Terms apply to everyone who uses the Service, including people who browse our public web pages without an account. We record which version of these Terms and of our Privacy Policy you accepted, together with the date you accepted them. When we make a material change, the app and the website ask you to review and accept the current version before you continue using them, and the current version is always published at porchside.co. Section 30 describes how changes take effect. In these Terms, "Porchside Parties" means Kinward, Inc., its affiliates and subsidiaries, and each of their officers, directors, employees, agents, contractors, service providers, insurers, successors and assigns. We may also add, change, or remove features of the Service, and we may require you to install a current version of the app to keep using it, as described in section 26.
2. Eligibility
You must be at least 18 years old to use Porchside. By creating an account, you represent and warrant that you are at least 18 years of age, are legally able to enter into binding contracts, have not been previously banned from the Service, and will comply with these Terms and all applicable laws. We ask for your date of birth during onboarding and block registration where the date you give is under 18. We may, but are not obligated to, take further steps to verify your age; the date you give is your representation, not something we confirm against an official record.
3. Account Registration and Account Security
You must provide accurate, current, and complete information during registration, including a verified phone number on the mobile app, and keep that information current. You may hold only one account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account, and you agree to notify us immediately at support@porchside.co of any unauthorized use. We reserve the right to suspend or terminate accounts that contain false or misleading information. Our Privacy Policy describes which parts of your account information other users can see.
4. What the Service Is
Porchside helps people find and join small-group, in-person activities: hikes, dinners, classes, live shows, recurring club meetups, and other shared experiences. It is built for forming friendships and community connections through shared activities, and it is not a dating or romantic matchmaking service. Porchside is primarily a marketplace and a platform for listings. Listings on the Service come from four different places, and the difference matters: Hosted by a member. An independent host publishes the activity, sets its details and any ticket price, and runs it. Porchside is not a party to that arrangement and does not organize or supervise it. Hosted by Porchside. We publish and run some activities ourselves. These are labelled in the product. Community events with no individual host. Some activities are published on behalf of a community rather than by a person who will act as host. Listings sourced from public sources. We also collect information about public events from third-party websites and publish a listing for them so members can find them and go together. Those listings are described in section 18. We do not organize those events, we are not affiliated with their organizers, and we do not sell tickets to them. Some activities are run as tournaments or leagues. Where they are, the host or organizer builds a roster and records results, and those results, including the scores recorded for you, are shown to everyone who can see that activity and stay there after it ends. Section 13 and our Privacy Policy describe who that is. The Service currently operates in the United States and is available in a limited number of areas, which change over time. We may publish a public directory of communities on our website.
5. Communities, Series, and Membership
Members can create and join communities (also called clubs or crews), which can be public or private. Public communities and their upcoming public events may be visible on the web to anyone, including people who are not signed in. What other members and a community's organizers can see about you when you join is described in the "How We Share Your Information With Hosts and Other Members" section of our Privacy Policy. Community organizers can set up a recurring series. Each occurrence of a series is a separate activity that you RSVP to individually, and ending a series does not cancel occurrences that have already been published. Hosts and community organizers can limit who may join an activity or a community by age bracket and by gender. A limit is shown on the activity or community it applies to. Where you join a community, or accept an invitation to an activity, we check the limit against the date of birth and the gender on your profile and refuse the join if it does not match. Whether a limit is set, and what it is, is the host's or organizer's choice, not ours. Section 13 and our Privacy Policy describe what community organizers can see about members.
6. Identity Verification
Porchside offers an optional selfie-based identity verification feature. By using it, you consent to the following: a selfie photo is captured and processed using facial-comparison technology provided by Amazon Web Services (Rekognition) to compare your selfie against your profile photo; the selfie is uploaded to our storage for the comparison and is deleted as part of the verification; Porchside does not create or store a facial-geometry template or scan, and we do not ask our service provider to create or keep one; and a verification status, a numerical similarity score, and the time of verification are recorded on your profile. The similarity score is not shown to other users; your verification status is shown to other users as a badge. Using this feature is optional and you can use the Service without it. Verification confirms that a selfie matches a profile photo. It does not confirm who you are, and it does not guarantee the identity, character, or future conduct of any user. Our Biometric Data Policy describes this feature, its retention and destruction schedule, and how to ask us to delete your verification record.
7. User Conduct
You agree not to use the Service to harass, threaten, stalk, or intimidate any person; post false, misleading, or deceptive content; impersonate any person or entity; solicit money or financial information from other users; engage in any commercial activity not authorized by Porchside; use the Service for any illegal purpose; collect, copy, scrape, or harvest other users' information, whether by automated means or by hand, except as these Terms expressly allow; use another member's information for any purpose other than taking part in the activity or community where you encountered it; transmit malware, spam, or other harmful content; interfere with or place unreasonable load on the Service; or circumvent any security feature, access control, or rate limit of the Service. Hosts and community organizers are subject to additional restrictions on attendee information in our Host Agreement.
8. Community Guidelines and Prohibited Content
Your use of the Service is also governed by our Community Guidelines, which are incorporated into these Terms by reference. We maintain a zero-tolerance policy for objectionable content and abusive behavior. You may not post, share, or transmit content that is unlawful, harassing, threatening, hateful, defamatory, or sexually explicit, that sexualizes or exploits minors, that promotes self-harm or violence, or that is otherwise objectionable as described in our Community Guidelines. You can report a member from their profile or from a direct-message conversation, and you can block any member to stop them from contacting you. To report a specific activity, message, photo, community, or listing, email support@porchside.co with enough detail for us to find it, or report the member responsible. We review reports and act on serious violations as quickly as we can, and we aim to respond to reports of imminent harm or of child sexual abuse or exploitation first. Depending on what we find we may remove content, warn, restrict, suspend, or permanently ban an account, and we may report unlawful conduct to law enforcement. Severe or repeated violations may result in immediate and permanent removal from the Service. If someone is in immediate danger, contact local emergency services first.
9. In-Person Activities
You are responsible for your own conduct and safety at any activity you attend or host through the Service, whether the activity is published by another member, published by Porchside, published on behalf of a community, or sourced from a public source. Porchside does not screen attendees or perform background checks. We provide in-app reporting and blocking tools and encourage you to use them if you encounter behavior that violates these Terms. If a safety issue arises at an activity Porchside itself is running, please contact support@porchside.co as soon as possible. Badges and marks are not endorsements. Verification badges, Local Host and similar tiers, official community marks, activity badges and featured placement reflect limited internal signals and editorial choices. They are not endorsements, not safety assurances, and not representations about any person's identity, character, conduct or fitness, and they do not mean we have screened or vetted anyone. We provide no insurance. Porchside provides no insurance, guarantee, indemnity or compensation scheme of any kind for injury, illness, property damage, loss or theft at an activity. Any insurance that applies is the host's or the venue's, not ours, and you may want your own. The Service is not an emergency service. Safety features, including sharing your plans with someone and checking in, are conveniences rather than protection. We do not monitor activities as they happen and we cannot summon help. Do not rely on the Service in an emergency: contact local emergency services.
10. Assumption of Risk and Release
Participation in any activity discovered, booked, or hosted through the Service is voluntary and undertaken at your own risk. You understand that in-person activities and gatherings carry inherent risks, including the risk of serious bodily injury, illness, disability, death, property damage, or other harm, and that these risks can arise from the nature of an activity, the conduct of other participants or hosts, the condition of a venue, or other factors outside our control. Porchside does not organize or supervise activities published by hosts or sourced from public sources, does not control the conduct of any user, and does not screen, vet, interview, or conduct background or criminal-history checks on hosts, attendees, or any other user. Optional identity verification features do not guarantee the identity, character, or future conduct of any user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ASSUME ALL RISKS ARISING FROM YOUR PARTICIPATION IN OR HOSTING OF ACTIVITIES AND FROM YOUR INTERACTIONS WITH OTHER USERS, AND YOU RELEASE THE PORCHSIDE PARTIES FROM ANY CLAIMS, DAMAGES, LIABILITIES, LOSSES, OR EXPENSES, INCLUDING THOSE ARISING FROM OUR OWN NEGLIGENCE, ARISING OUT OF OR RELATED TO THOSE ACTIVITIES OR INTERACTIONS, WHETHER THEY OCCUR ONLINE OR IN PERSON. THIS RELEASE BINDS YOU AND YOUR HEIRS, EXECUTORS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND ANYONE CLAIMING THROUGH YOU, AND IT COVERS CLAIMS FOR WRONGFUL DEATH TO THE EXTENT THE LAW ALLOWS. This release does not apply to claims arising from our own gross negligence or willful misconduct, or to any liability that cannot be waived under applicable law. If you are a California resident, you waive California Civil Code section 1542, which provides: "A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor or released party." Nothing in this section limits your ability to report unsafe conduct through the in-app reporting tools or to contact law enforcement or emergency services.
11. Interactions With Other Users
Your interactions with other users, at an activity or through the Service, are between you and them. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PORCHSIDE PARTIES ARE NOT RESPONSIBLE FOR ANY LOSS OR HARM RESULTING FROM YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR IN PERSON. We reserve the right, but have no obligation, to get involved in disputes between users. Except for an activity Porchside itself publishes and runs, Porchside is not a party to any agreement between a host and an attendee and is not an agent of either, save that we and our payment processor collect ticket payments on a host's behalf as described in section 12. Where Porchside is the host of an activity, we are the party you are dealing with for that activity and this paragraph does not say otherwise.
12. Tickets, Payments, and Refunds
Porchside operates as a marketplace where independent hosts publish activities and set their own ticket prices. Most activities are free. Where a host charges for an activity, the following applies. What you pay. Before you pay, we show you the total, with the ticket amount, the Porchside service fee, and any sales tax listed separately. The service fee is charged in addition to the ticket price unless the host has chosen to include it in the price they advertise, in which case you pay only the price shown. The current service fee, and any limits on ticket prices and quantities, are published at porchside.co/fees, and the fee is always shown at checkout before you pay. Sales tax is charged only where an event is taxable in its jurisdiction and a rate applies. We accept cards, including through Apple Pay and Google Pay, in U.S. dollars. By reserving a seat you authorize Porchside, through our payment processor Stripe, to charge your selected payment method for that total. What the host receives. The host receives the ticket amount less a card-processing fee at the rate published on our fee page, as set out in our Host Agreement. We may change our fees, and the way they are charged, by updating the fee page; a change applies to purchases made after it takes effect. The fees that apply to a purchase are the ones in force when you check out, and they are recorded with your purchase. Cancelling your own reservation. You can cancel and receive a refund of the ticket amount and any sales tax, up to 24 hours before the scheduled start of the activity. The service fee is not refunded, because it pays for the booking, and we tell you the refund amount and the amount retained before you confirm. If the host chose to include the service fee in their price, you receive everything you paid. Within 24 hours of the scheduled start, reservations are not refundable: you can still give up your seat, but no money comes back. Cancellation by the host or by us. If a host cancels an activity, every ticket for it is refunded in full, including the service fee and any tax, automatically to your original payment method. We may also cancel an activity automatically shortly before it starts if too few people have signed up for it to go ahead, in which case every ticket is likewise refunded in full. Refunds are issued to your original payment method; how quickly they appear depends on your card issuer. Charges you dispute. If you believe a charge is incorrect, please contact us at support@porchside.co before initiating a chargeback with your card issuer so we can resolve it directly. Payouts to hosts. Payouts to hosts are made through our payment processor on the schedule and subject to the conditions in our Host Agreement. Porchside does not offer subscriptions, memberships, or any recurring charge. The Service is free to use except for the ticket purchases described in this section.
13. What Hosts and Other Members Can See About You
Porchside is a social product, so taking part means other people see you. Your profile is visible to other signed-in users; hosts, co-hosts and other attendees see that you are attending an activity and whether you checked in; a community's organizers see your participation in that community; and where an activity runs a tournament, your place on its roster and the results recorded for you are visible to everyone who can see that activity. The "How We Share Your Information With Hosts and Other Members" section of our Privacy Policy sets this out in full and is the definitive description. Some information travels further than the app. Share links, QR codes, public web pages for activities and communities, and link previews of them can show your first name and photo to people who are not signed in, and some public pages can be visible to search engines. Hosts and community organizers may use what they see only to run the activity or community where they encountered you. Our Host Agreement forbids them from exporting or copying attendee information, contacting you off Porchside for marketing, or using it for anything else. If you believe a host has misused your information, tell us at support@porchside.co.
14. Messages, Chats, and Communities
The Service includes direct messages, group chats for activities, named group chats between friends, and community chats. What you post in a chat is visible to the people in it. Where you join a chat that already exists, you can see what was posted before you joined, and where other people join later they can see what you posted before they arrived. You can edit or delete your own messages, subject to the retention described in our Privacy Policy; deleting a message does not withdraw copies other people already downloaded. Group chats for activities are archived after the activity ends and deleted on the schedule in our Privacy Policy.
15. Text Messages and Notifications
Verification codes. On the mobile app, a verified phone number is required to create an account, so agreeing to receive text messages from us is a condition of signing up there. On the web you can sign up with an email address and a password instead. The text messages we send are one-time codes used to verify your number and to sign you in. They are sent through our authentication provider and delivered by telecommunications carriers. Message frequency depends on how often you sign in. Message and data rates may apply. We record which version of the consent wording you agreed to. Replying STOP or HELP is handled by the carrier and the message provider; because the only messages we send are codes you request, opting out means you may not be able to sign in. Carriers are not liable for delayed or undelivered messages. Our SMS Terms describe this in more detail. Push notifications and email. We send push notifications about activities, messages, reminders, and account matters, and we send email for account and security matters and for invitations. You can turn most categories of push notification off in the app and all of them off in your device settings, and our Privacy Policy explains which ones ignore a quiet period. We do not send marketing text messages.
16. Content and Intellectual Property
You retain ownership of the content you create or post on Porchside. "User Content" means everything you create, post, upload, or submit through the Service, including your profile information and photos, activity listings and their covers, community and series names, descriptions and images, messages and the photos in them, memory cards and their notes, polls and votes, reactions, group and thread names, join-request messages, ratings and reviews, feedback, and reports. You represent that you own or have the necessary rights to the User Content you post and that it does not violate the rights of any third party or any law. By posting User Content, you grant Kinward, Inc. a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, use, display, reproduce, modify for formatting, and distribute your User Content in connection with operating, promoting, and improving the Service, including on our public web pages and in link previews of them where the content is part of a public listing or community. This license lasts as long as we hold the content. Deleting content or closing your account does not end the license for content you shared with others and that remains in their copies or in a shared space, for content that exists in aggregated or de-identified form, or for copies retained in our storage and backups. Our Privacy Policy explains what is deleted when, and what is kept. If you provide feedback or suggestions, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them without obligation or attribution to you; please do not send us feedback you consider confidential. Porchside, Kinward, and our logos, trademarks, and service marks are the property of Kinward, Inc. and may not be used without our permission. All rights in the Service that we do not expressly grant are reserved.
17. Ratings and Reviews
After an activity you can rate it with stars and, for the people you met, record whether you would meet them again and choose from a fixed set of tags. Reviews of another person are shown to that person only once they have also reviewed you for the same activity, and are then attributed to you. We may limit how many reviews of the same person are published. Ratings and reviews must reflect your genuine experience. You may not post fraudulent, retaliatory, or incentivized ratings. Nothing in these Terms restricts your right to share truthful opinions, and we do not penalize honest reviews. Aggregate ratings, including a host's average star rating, are shown to other members and are used in the Service. We may remove a rating or review that violates these Terms; contact support@porchside.co.
18. Listings Sourced From Public Sources
Some listings on the Service describe public events that we did not organize and that no member published. We collect basic information about those events, such as the event's name, description, time, and venue, from publicly accessible sources and publish a listing so members can find the event and attend together. Those listings are labelled in the product and link to the original source where we have one. We are not affiliated with, endorsed by, or acting for the organizer of the event or the operator of the source, we do not sell tickets to those events, and the event's own terms, prices, and admission rules apply to you if you go. If you choose to organize a group around one of those listings, the Service may create a new listing with you as its host. Once you are the host of a listing, section 19 and our Host Agreement apply to you for it, including responsibility for the accuracy of what it says. Do not take on a listing whose details you cannot stand behind. If you are the organizer of an event, or the operator of a source, and you want a listing removed, email support@porchside.co or follow our DMCA Policy. We will remove it promptly once we can reasonably confirm the request comes from you or someone authorized to act for you.
19. Hosting Activities
If you host an activity, you act as an independent organizer and not as an employee, agent, or partner of Porchside. You are solely responsible for your activities, including their planning, safety, accuracy, and compliance with all applicable laws, permits, licenses, insurance, venue rules, and tax obligations. If you charge for an activity, you must use the Service's payment features, and you authorize Porchside and its payment processor to collect ticket payments from attendees on your behalf, deduct the amounts described in our Host Agreement, and remit the balance to you. To receive payouts you must create and maintain a connected account with our payment processor, Stripe, and you agree to the Stripe Connected Account Agreement. You are responsible for any taxes on amounts you earn, and where thresholds set by law are met our payment processor will issue tax forms, such as an IRS Form 1099-K, reporting your earnings. You are responsible for honoring the activities you publish and for communicating changes and cancellations promptly. If you cancel a paid activity, attendees are refunded in full and you are charged the card-processing cost of those refunds, as set out in our Host Agreement. You may be given access to information about the people who attend your activities and join your communities, and our Host Agreement sets out what you may and may not do with it. Additional terms for hosts are in our Host Agreement, which is incorporated into these Terms by reference for anyone who hosts.
20. Content Moderation, Suspension, and Enforcement
We may, at our discretion and with or without notice, review, remove, or restrict access to any content, and we may limit, suspend, or terminate any account, that we believe violates these Terms, our Community Guidelines, or applicable law, or that we believe is harmful to other users or to Porchside. We may also withhold, delay, or reverse payouts where we suspect fraud, abuse, chargebacks, or violations of these Terms. Some enforcement is automatic. Where multiple members have open reports about you, your account may be suspended automatically pending human review, and it stays suspended until a person reviews it and lifts it. A suspension takes your account out of use and also cancels activities you are hosting, as if you had cancelled them, cancels your pending requests to join other activities, and removes you from activities you had been matched into. Our Privacy Policy describes the automated processes we use and their effects. No duty to monitor. We may review content, conduct, reports and accounts, and we often do, but nothing in these Terms, our Community Guidelines, our Child Safety Standards or any other policy obliges us to monitor, review, screen, investigate or act, or creates a duty of care that would not otherwise exist. Where we describe how we aim to work, including which reports we prioritize, who reviews an appeal, or how quickly we try to respond, those are statements of intent and not guarantees, and they do not create an obligation to reach any particular outcome or to act within any particular time. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PORCHSIDE PARTIES ARE NOT LIABLE FOR ANY ACTION TAKEN, OR NOT TAKEN, IN CONNECTION WITH ENFORCING THESE TERMS OR RESPONDING TO A REPORT, INCLUDING REMOVING OR LEAVING UP CONTENT, RESTRICTING OR NOT RESTRICTING AN ACCOUNT, AND WITHHOLDING OR RELEASING A PAYOUT. We are not liable for any action taken in good faith to enforce these Terms. If you believe we have acted in error, you may appeal by contacting support@porchside.co, and a person will review your appeal. Signals we compute. Some of what the Service shows is computed by us rather than written by a member: attendance and reliability measures, tiers, badges, no-show records and similar signals, described in our Privacy Policy. They are internal operational signals built from incomplete information. We do not represent them to be accurate, complete or up to date, they are not consumer reports and are not provided for any eligibility purpose, and they may not be used to make decisions about a person outside Porchside. If you think a record about you is wrong, write to support@porchside.co and we will review it.
21. Copyright and DMCA
We respect intellectual property rights and respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the Service infringes your copyright, send a written notice to our designated agent at support@porchside.co with the subject line "DMCA Notice" that includes your signature, identification of the copyrighted work, identification of the allegedly infringing material and information reasonably sufficient to locate it, your contact information, a statement of good-faith belief that the use is not authorized, and a statement under penalty of perjury that the information is accurate and that you are the copyright owner or authorized to act for the owner. We remove infringing content and, in appropriate cases, terminate the accounts of repeat infringers. If your content was removed in error, you may submit a counter-notice. Our full DMCA Policy describes this process and is incorporated by reference.
22. Termination and Account Deletion
You may delete your account from the app settings, or by emailing support@porchside.co with the subject "Delete My Account". Deleting your account anonymizes your profile immediately and removes it from view, and your remaining personal information is deleted on the schedule in our Privacy Policy. Deletion has conditions where money is involved. If you are hosting activities people have committed to, you will be asked to transfer or cancel them first, and cancelling a paid activity refunds your attendees and may charge you the card-processing cost of those refunds. We may also decline to complete a deletion while a refund is still being processed, while a recent chargeback is open, or while a payout to you is still moving, and we will complete it once those are resolved. Records we are required or permitted to keep, including transaction records and any amount you still owe us, survive deletion, as our Privacy Policy explains. We may suspend or terminate your account, or your access to any part of the Service, at any time, with or without cause and with or without notice, and we may stop offering the Service altogether. We will usually do so because you have violated these Terms, engaged in conduct harmful to other users, or because we are required to, and section 20 describes how to appeal. Upon termination your right to use the Service ceases immediately and your profile is removed from public view. Sections 10, 11, 12, 16, 17, 19, 20, 23, 24, 25, 26, 27, 28, 29, and 32 survive termination, as does any amount you owe us and, for anyone who has hosted, the Host Agreement to the extent that Agreement provides.
23. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, THE PORCHSIDE PARTIES AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT ANY ACTIVITY WILL TAKE PLACE AS DESCRIBED, OR THAT ANY USER IS WHO THEY CLAIM TO BE. WE DO NOT WARRANT THE ACCURACY OF INFORMATION IN LISTINGS, INCLUDING LISTINGS SOURCED FROM PUBLIC SOURCES.
24. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) THE PORCHSIDE PARTIES AND OUR SUPPLIERS WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOST DATA, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE; AND (B) THE TOTAL LIABILITY OF THE PORCHSIDE PARTIES, TAKEN TOGETHER, FOR ALL CLAIMS ARISING UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS AND (ii) THE AMOUNTS YOU PAID TO PORCHSIDE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT INCREASE THIS LIMIT. THESE LIMITS APPLY WHATEVER THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY AND STATUTE, APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF THE DAMAGES, AND APPLY EVEN IF A LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW, OR TO OUR OWN GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. IF ANY PART OF THIS SECTION IS FOUND UNENFORCEABLE, THE REST OF IT REMAINS IN EFFECT. THE PARTIES AGREE THAT THESE LIMITS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THEM.
25. Indemnification
You agree to defend, indemnify, and hold harmless the Porchside Parties from any claims, damages, losses, liabilities, and reasonable costs and attorneys' fees arising from your use of the Service, your User Content, any activity you host or attend, your use of another member's information, your violation of these Terms or of applicable law, or your violation of the rights of another user or of any third party. We will make reasonable efforts to notify you of any such claim we become aware of. We may assume control of the defense of any such claim at your expense, you agree to cooperate with that defense, and you may not settle any such claim in a way that imposes an obligation on us without our prior written consent.
26. Mobile Application License and Required Versions
The Porchside mobile application is licensed, not sold, to you for use only under these Terms. This license is personal, limited, non-exclusive, non-transferable, and revocable. You may not copy, modify, reverse-engineer, or create derivative works of the app or the Service, or use them to build a competing product, except to the extent applicable law permits despite this restriction. We publish new versions of the app, and we can require one. We set a minimum supported version, and where the version installed on your device is older than that minimum, the app tells you and stops working until you update it from the app store. We also deliver smaller updates automatically. Keeping a working copy of the app therefore depends on being able to install updates. The following applies to the application obtained from the Apple App Store: these Terms are between you and Kinward, Inc. only, not Apple, and Apple is not responsible for the application or its content; Apple has no obligation to provide maintenance or support; Apple is not responsible for any product warranties or for addressing any claims relating to the application, including product-liability, legal or regulatory compliance, or intellectual-property claims; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You represent that you are not located in a country subject to a U.S. Government embargo and are not on any U.S. Government restricted-party list, and you agree not to export or re-export the application in violation of U.S. export control laws. For applications obtained from Google Play, your use is also subject to the Google Play Terms of Service.
27. Dispute Resolution and Arbitration
Please read this section carefully, as it affects your legal rights, including your right to sue in court and your right to a jury trial. Informal resolution first. Before starting an arbitration, you and Porchside agree to try to resolve the dispute informally. The party raising the dispute sends written notice to the other describing the dispute and the relief sought: to us at support@porchside.co with the subject "Legal Notice", and to you at the email address on your account. Within 45 days of that notice the parties will confer in good faith by phone or video. If the dispute is not resolved within 60 days of the notice, either party may begin arbitration. The notice requirement is a condition of starting arbitration, and any limitation period is tolled while the process runs. Agreement to arbitrate. Except as described below, you and Kinward, Inc. agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service, including disputes about their formation, interpretation, or enforceability, and including claims that arose before you accepted these Terms, will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, and not in court. Two exceptions: either party may bring an individual claim in small-claims court if it qualifies there, and either party may ask a court for injunctive or other equitable relief to protect its intellectual property. How arbitration works. Unless the parties agree otherwise, the arbitration will be held in the county where you live, or by remote means where available, and the arbitrator may award the same individual relief a court could. The arbitrator, and not any court, has authority to resolve disputes about the scope or enforceability of this arbitration agreement, except that a court, and not the arbitrator, will decide any challenge to the waiver of class actions in section 28. The arbitrator's award is final and binding, and judgment on it may be entered in any court with jurisdiction. Each party bears its own attorneys' fees unless applicable law or the arbitrator's award provides otherwise; we will pay filing and arbitration fees to the extent required by the applicable rules or by law. Individual basis. Arbitration under this section proceeds on an individual basis only. The waiver of class, representative and collective proceedings and the waiver of trial by jury are set out in section 28, they are separate promises, and they apply whether or not you opt out of this section 27. Coordinated filings. If 50 or more substantially similar arbitration demands are filed against Porchside within a 60-day period by the same lawyers or coordinated counsel, the demands will be grouped into batches of no more than 50, each batch heard by a single arbitrator with a single set of fees, and the parties will cooperate with the administrator to sequence the batches. Any limitation period is tolled for demands awaiting their batch. Your right to opt out of arbitration. You may opt out of the agreement to arbitrate in this section 27 by sending written notice to support@porchside.co with the subject "Arbitration Opt-Out" within 30 days of first accepting these Terms, or within 30 days of our notice of a material change to this section. Your notice must include your name, the email address on your account, and a clear statement that you wish to opt out. If you opt out, disputes between us are resolved in the courts identified in section 29, on the individual basis section 28 requires. Opting out of this section does not affect section 28, which applies whether or not you arbitrate, and affects nothing else in these Terms. We will not retaliate against you for opting out. Severability. If any part of this section 27 is found unenforceable, it will be severed and the rest of it enforced. Section 28 stands on its own and is unaffected by anything in this section, including an opt-out.
28. Class Action Waiver and Jury Trial Waiver
This section applies to every dispute between you and Porchside, in arbitration or in court, and it applies whether or not you opt out of section 27. Please read it: it gives up two rights you would otherwise have. NO CLASS, REPRESENTATIVE OR COLLECTIVE PROCEEDINGS. YOU AND PORCHSIDE AGREE THAT EVERY DISPUTE WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY. NEITHER YOU NOR PORCHSIDE MAY BRING OR PARTICIPATE IN A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL PROCEEDING, AND NO ARBITRATOR OR COURT MAY AWARD RELIEF TO ANYONE WHO IS NOT A PARTY. If a court finds this waiver unenforceable as to a particular claim, that claim, and only that claim, may be brought in the courts identified in section 29; every other claim remains subject to this waiver and to section 27. A court, and not an arbitrator, decides any challenge to this waiver. WAIVER OF TRIAL BY JURY. YOU AND PORCHSIDE KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE. THIS WAIVER IS A SEPARATE AGREEMENT BETWEEN YOU AND PORCHSIDE. IT DOES NOT DEPEND ON ARBITRATION, AND IT SURVIVES AN OPT-OUT UNDER SECTION 27, A FINDING THAT ANY PART OF SECTION 27 IS UNENFORCEABLE, AND THE TERMINATION OF THESE TERMS. Each waiver in this section stands on its own. If one is found unenforceable, the other remains in effect, and if either is found unenforceable as to a particular claim it remains in effect for every other claim. Nothing in this section prevents either of us from bringing an individual claim in small-claims court where it qualifies.
29. Governing Law and Venue
These Terms, and any dispute arising out of or relating to them or to the Service, are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs section 27. For any claim not subject to arbitration, you and Porchside consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection to that venue, except that either party may seek injunctive relief to protect intellectual property in any court of competent jurisdiction. Any claim arising out of or relating to these Terms or the Service must be brought within two years after the claim accrues, or it is permanently barred. This does not shorten any period that applicable law does not allow to be shortened, and it does not count any time during which section 27's informal resolution process tolls the claim.
30. Changes to These Terms
We may update these Terms from time to time. We will post the updated version with a new "Last Updated" date and, where the changes are material, give you notice before they take effect: in the app and on our website we ask you to review and accept the current version, and we may also notify you by email or by a notice in the product. Changes are not retroactive, and they do not apply to a dispute of which we already had notice. This sentence does not narrow section 27, which applies to claims arising before you accepted these Terms as that section describes. Where a change materially reduces your rights, you may stop using the Service and delete your account, and where the change is to section 27 you may opt out of that section as it describes. If you continue using the Service after a change takes effect, you accept the updated Terms. The current version is always at porchside.co/terms.
31. State-Specific Notices
California. Under California Civil Code section 1789.3, California users are entitled to the following notice: the provider of the Service is Kinward, Inc., Austin, Texas, reachable at support@porchside.co. You may report a complaint to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Boulevard, Suite N112, Sacramento, California 95834, or by telephone at (800) 952-5210. California residents who are registered users and under 18 may request removal of content they posted by contacting support@porchside.co. California residents also have rights under the California Consumer Privacy Act, as amended, described in our Privacy Policy. Other states. Residents of other states with comprehensive consumer privacy laws, including Texas, Colorado, Connecticut, Virginia, Utah, Oregon, Montana, and others, have the rights described in our Privacy Policy. Nevada residents may direct us not to sell certain personal information by contacting support@porchside.co; we do not sell personal information.
32. General Provisions
These Terms, together with the Community Guidelines, Privacy Policy, Host Agreement where it applies to you, SMS Terms, DMCA Policy, Cookie Policy, Biometric Data Policy, and Child Safety Standards, are the entire agreement between you and Kinward, Inc. regarding the Service and supersede any prior agreements on that subject. If any provision is found unenforceable, it will be modified to the minimum extent necessary to be valid, or severed, and the remaining provisions will remain in effect. Our failure to enforce any provision is not a waiver of it. "Including" means "including without limitation". These Terms create no third-party beneficiary rights, with two exceptions: the Porchside Parties may enforce the sections that protect them, and Apple has the rights section 26 gives it. You may not assign or transfer these Terms without our written consent; we may assign them to an affiliate or to a successor in connection with a merger, acquisition, or sale of assets. Neither party is liable for any delay or failure to perform caused by events beyond its reasonable control. You consent to receive communications, agreements, and disclosures from us electronically, and you agree that electronic communications satisfy any legal requirement that they be in writing. Notices to us should be sent to support@porchside.co. Accessibility. We work to make the Service usable by people with disabilities. These documents are published as ordinary web pages and in the app so they can be read with assistive technology. If you encounter a barrier, or need any of these documents in another format, contact support@porchside.co.
33. Contact
For questions about these Terms, contact us at support@porchside.co. Kinward, Inc. Austin, Texas