TERMS OF SERVICE
Effective date: May 18, 2025
Acceptance of These Terms of Service
Altquid, Inc. (“Nowadays,” “we,” “us,” or “our”) provides our services (described below) and related content to you through our website(s) located at https://www.nowadays.so (the “Site”) and through our mobile applications and related technologies (“Mobile Apps,” and collectively, such Mobile Apps and the Site, including any updated or new features, functionality, and technology, the “Service”). Your access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these “Terms of Service”). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the “Terms of Service” link on the Site or under the Terms of Service section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST NOWADAYS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
Your Privacy
At Nowadays, we respect the privacy of our users. For more information please see our Privacy Policy, located on https://www.nowadays.so and under the Privacy Policy section of our Mobile App (the “Privacy Policy”). By using the Service, you consent to our collection, use, and disclosure of personal data and other data as outlined therein.
Additional Terms
In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
1. Access and Use of the Service
1.1 Service Description
The Service is a social networking Mobile App and widget that enables users to share images and other content with other users.
1.2 Your Registration Obligations
You may be required to register with Nowadays or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.
1.3 Member Account, Password, and Security
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Nowadays of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Nowadays will not be liable for any loss or damage arising from your failure to comply with this paragraph.
1.4 Modifications to Service
Nowadays reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Nowadays will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
1.5 General Practices Regarding Use and Storage
You acknowledge that Nowadays may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Nowadays’s or its third-party service providers’ servers on your behalf. You agree that Nowadays has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Nowadays reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Nowadays reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
2. Conditions of Access and Use
2.1 User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Nowadays, including by uploading, posting, publishing, displaying, or otherwise making available (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Nowadays. Nowadays reserves the right to investigate and take appropriate legal action against anyone who, in Nowadays’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
• Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited advertising or promotional materials (“spam”); (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Nowadays, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Nowadays or its users to any harm or liability of any type.
• Interfere with or disrupt the Service or servers or networks connected to the Service.
• Violate any applicable local, state, national, or international law or regulation.
• Impersonate any person or entity or misrepresent your affiliation with a person or entity.
• Solicit personal information from anyone under the age of 18.
• Harvest or collect email addresses or other contact information of other users for purposes of sending unsolicited emails or other unsolicited communications.
• Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized.
• Further or promote any criminal activity or enterprise or provide instructional information about illegal activities.
• Attempt to access or obtain any content or information through any means not intentionally made available or provided for through the Service.
• Circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content) available on or through the Service, including through the use of virtual private networks.
• Engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
• If you are blocked by Nowadays from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
2.2 Competitors
No employee, independent contractor, agent, or affiliate of any competing social media or related company is permitted to view, access, or use any portion of the Service without express written permission from Nowadays. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Nowadays or any of its affiliates, or acting on behalf of a competitor of Nowadays in using or accessing the Service.
2.3 Fees
To the extent the Service or any portion thereof is made available for a fee, you may be required to select a payment plan and provide information regarding your payment instrument. You represent and warrant to Nowadays that the information you provide is true and that you are authorized to use the payment instrument. You will promptly update your account information with Nowadays or the Payment Processor of any changes. You agree to pay Nowadays the amount specified in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you authorize Nowadays to bill your payment instrument in advance on such periodic basis until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges, you must let Nowadays know within sixty (60) days after the date that Nowadays charges you. We reserve the right to change Nowadays’s prices, and if we do, we will provide you notice of the change through applicable means at least thirty (30) days before it takes effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service other than taxes based on Nowadays’s net income.
2.4 Commercial Use
Unless otherwise expressly authorized, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use only.
3. Mobile Services and Software
3.1 Mobile Services
The Service includes certain services that are available via a mobile device, including (i) the ability to upload content to the Service via a mobile device, (ii) the ability to browse the Service from a mobile device, and (iii) the ability to access certain features and content through Mobile Apps (collectively, the “Mobile Services”). Your wireless carrier’s standard charges, data rates, and other fees may apply. By using the Mobile Services, you agree that we may communicate with you regarding Nowadays and other entities by SMS, MMS, text message, or other electronic means to your mobile device and that certain information about your usage may be communicated to us.
3.2 Mobile App License
Subject to these Terms of Service, Nowadays grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to (a) install the Mobile App on one mobile device and (b) use the Mobile App for your own personal use solely to access and use the Service.
3.3 Ownership; Restrictions
The technology and software underlying the Service or distributed in connection therewith (including the Mobile Apps, the “Software”) are the property of Nowadays, its affiliates, and its licensors. You agree not to copy, modify, create derivative works of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Nowadays.
3.4 Special Notice for International Use; Export Controls
Nowadays is headquartered in the United States. If you access or use the Service from outside of the United States, you do so at your own risk. Whether inside or outside the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using such Software is at your sole risk.
3.5 Third-Party Distribution Channels
Nowadays may offer Software made available through third-party distribution channels (e.g., Apple App Store or Google Play Store). Your use of such Software may be subject to additional terms of the distribution channel. These Terms of Service are between you and Nowadays only, and not with the distribution channel.
3.6 Apple-Enabled Software
If you are using our Mobile App on an Apple-branded product, you agree to the applicable Apple-Enabled Software terms, including that Apple is not a party to these Terms of Service.
3.7 Google-Sourced Software
If you download any Mobile App from the Google Play Store, additional Google terms apply (e.g., Google Play Terms of Service).
3.8 Open Source Software
The Software may contain open source software, subject to its own license terms. If required, Nowadays will make any open source software (and modifications) available upon request to contact@nowadays.so.
4. Intellectual Property Rights
4.1 Service Content
The Service and its contents, including features (collectively, “Service Content”), are protected by copyrights, patents, trademarks, trade secrets, and other proprietary rights. Except as expressly authorized, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service Content.
4.2 Trademarks
“Nowadays” and related logos are trademarks and service marks of Altquid, Inc. Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners. Nothing in the Service or these Terms of Service should be construed as granting any license or right to use any of Nowadays’s trademarks without our prior written permission in each instance.
4.3 Third-Party Material
Nowadays is not liable for content or materials of third parties (including users), including any errors or omissions or damage of any kind arising from such content. Nowadays and its designees reserve the right to remove any content that violates these Terms of Service or is deemed otherwise objectionable.
4.4 User Content
You represent and warrant that you own all rights to your User Content. You grant Nowadays a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content in connection with the operation of the Service. You assume all risks associated with your User Content. You also authorize Nowadays to derive statistical and usage data relating to your use of the Service and to use such data in accordance with applicable law and our Privacy Policy.
4.5 Submissions
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service provided by you to Nowadays (“Submissions”) are non-confidential, and Nowadays will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4.6 Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us by emailing contact@nowadays.so with the subject line “DMCA Takedown Request,” including the information required by the Digital Millennium Copyright Act. We will follow the procedures set forth by the DMCA.
4.7 Counter-Notice
If you believe that your User Content was removed improperly, please send a counter-notice in accordance with the DMCA. If a valid counter-notice is received, we may restore the removed content in accordance with the DMCA, unless the copyright owner files an action seeking a court order.
4.8 Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Nowadays has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, the accounts of users who are deemed repeat infringers.
5. Third-Party Services and Websites
The Service may provide links or access to third-party services or resources (“Third-Party Services”). Your use of Third-Party Services may be subject to additional terms and conditions, privacy policies, or other agreements. We have no control over such Third-Party Services, including their accuracy, availability, or reliability. Any dealings you have with third parties while using the Service are between you and the third party. Nowadays will not be responsible or liable for any damage or loss caused by or in connection with any Third-Party Services.
6. Indemnification
You agree to defend, indemnify, and hold harmless Nowadays, its affiliates, and its and their respective officers, employees, directors, licensors, and agents (collectively, the “Nowadays Parties”) from any and all losses, damages, expenses (including reasonable attorneys’ fees), claims, actions, or injury (including death) arising out of or relating to (a) your use of the Service, (b) your User Content, (c) your connection to the Service, (d) your violation of these Terms of Service, or (e) your violation of any rights of another. Nowadays reserves the right to assume the exclusive defense and control of any matter subject to indemnification hereunder.
7. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE NOWADAYS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (C) RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE, OR (D) ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE NOWADAYS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (E) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL THE NOWADAYS PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT YOU HAVE PAID TO NOWADAYS IN THE LAST SIX (6) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
9. Dispute Resolution by Binding Arbitration
a. Agreement to Arbitrate
You agree that any and all disputes or claims between you and Nowadays, whether arising out of or relating to these Terms of Service, will be resolved exclusively through final and binding arbitration, rather than a court, except that you may assert individual claims in small claims court if they qualify.
b. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND NOWADAYS AGREE THAT EACH MAY BRING CLAIMS ONLY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.
c. Pre-Arbitration Dispute Resolution
Most disputes can be resolved quickly by contacting us at contact@nowadays.so. If we do not resolve your dispute within 60 days, either party may commence arbitration.
d. Arbitration Procedures, Costs, and Confidentiality
Arbitration will be conducted by a neutral arbitrator according to the American Arbitration Association’s rules. For claims of $10,000 or less, you may choose to proceed by phone, in writing, or in person. All aspects of the arbitration are confidential.
e. Severability and Future Changes
If any term of this arbitration agreement is held invalid, the remainder of it shall remain in effect. If you reject any future change to this arbitration agreement by notifying us in writing within 30 days of the change, you agree to arbitrate any dispute in accordance with the language of this Arbitration Agreement as of the date you first accepted it (or accepted any subsequent changes).
10. Termination
You agree that Nowadays, in its sole discretion, may suspend or terminate your account or use of the Service for any reason, including for lack of use or if Nowadays believes you have violated these Terms of Service. Any suspected fraudulent or illegal activity may be referred to law enforcement authorities. Moreover, Nowadays may discontinue providing the Service at any time, with or without notice. You agree that all terminations are made in Nowadays’s sole discretion and that Nowadays will not be liable to you or any third party for any termination of your account or access to the Service.
11. User Disputes
You are solely responsible for your interactions with any other user in connection with the Service. Nowadays reserves the right, but has no obligation, to become involved in disputes between you and other users.
12. General
These Terms of Service constitute the entire agreement between you and Nowadays, governing your access and use of the Service, and supersede any prior agreements with respect to the Service. These Terms of Service are governed by the laws of the State of California, without regard to conflict of law provisions. Any claim or cause of action related to the Service must be filed within one (1) year after it arose or be barred. You may not assign these Terms of Service without the prior written consent of Nowadays; Nowadays may assign or transfer them without restriction. Section titles are for convenience only and have no legal effect. As used in these Terms of Service, “including” means “including without limitation.” Notices to you may be provided via email or through the Service. Nowadays will not be liable for any failure to perform due to causes beyond its reasonable control (e.g., acts of God, natural disasters, or network outages).
13. Notice for California Users
Under California Civil Code Section 1789.3, users are entitled to the following rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be contacted via email at dca@dca.ca.gov or in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. At present, the only way to contact us is via email at contact@nowadays.so.
14. U.S. Government Restricted Rights
The Service is made available with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the U.S. government is subject to restrictions under applicable law. Access or use of the Service by the U.S. government constitutes acknowledgment of our proprietary rights.
Questions? Concerns? Suggestions?
Please contact us at contact@nowadays.so to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service. This is the only way to contact us.