# MEMBER TERMS OF SERVICE **Effective Date:** October 1, 2025 **Version:** 1.0 These Terms of Service ("Terms") are a binding contract between you ("Member," "you," or "your") and [App Operator Legal Entity] ("Company," "we," "our," or "us"). By creating an account on [Platform Name] (the "Platform"), you expressly agree to these Terms. ## Platform Nature and Purpose ### Mr. Number/TrueCaller Shield Framework You acknowledge this platform operates as a crowd-sourced safety and reputation system similar to Mr. Number, TrueCaller, Google Reviews, and Glassdoor, where: - Users submit reports about individuals' conduct and behavior - Reports are user-generated content the Platform does not verify - Your profile information may become visible to other members or communities - Reports and safety notations may be linked to your profile - This system helps communities make informed safety decisions ### Legal Framework Acknowledgment You acknowledge understanding of applicable legal frameworks: **Existing laws may provide protections for truthful speech, including:** - State Anti-SLAPP statutes that may protect reports on matters of public concern - Truth as an absolute defense to defamation claims in U.S. jurisdictions - First Amendment protections for truthful speech about public concerns - Whistleblower protections under federal and state law - Civil rights protections against retaliation for protected speech **Platform Neutral Position:** - The Platform takes no position on legal disputes between users - The Platform does not provide legal advice, assistance, or representation - All users are responsible for their own legal compliance and defense - The Platform operates as a neutral information conduit under Section 230 - The Platform makes no guarantees about the applicability of any legal protections You acknowledge that both reporters and reported persons operate within this legal framework where truthful speech may receive legal protection and false speech may result in legal liability under applicable law. ## Eligibility and Account Requirements ### Single Account Policy Each person may create **ONLY ONE MEMBER ACCOUNT**. Duplicate or fraudulent accounts are strictly prohibited and result in immediate termination. **Age and Capacity Requirements:** - You must be at least 18 years old - You must provide accurate and truthful information - You must have legal capacity to enter binding agreements ## Critical Legal Notification and Claim Limitation ### IMMEDIATE DELETION AND NOTIFICATION OBLIGATION **IF YOU BELIEVE THIS PLATFORM IS BREAKING THE LAW OR VIOLATING YOUR RIGHTS IN ANY WAY, YOU MUST:** 1. **IMMEDIATELY DELETE YOUR ACCOUNT** (within 24 hours of discovery) 2. **EMAIL NOTIFICATION** to info@badactoridentifier.com within 24 hours stating your specific legal concerns 3. **SUBMIT ANY LEGAL CLAIM** within 30 days of the deletion/notification ### AUTOMATIC WAIVER OF ALL CLAIMS **IF YOU FAIL TO DELETE YOUR ACCOUNT AND NOTIFY US WITHIN 24 HOURS, OR FAIL TO SUBMIT LEGAL CLAIMS WITHIN 30 DAYS, YOU AUTOMATICALLY AND IRREVOCABLY WAIVE ALL RIGHTS AND CLAIMS** against the Platform, including: - All current and future legal claims - All constitutional and civil rights claims - All statutory claims under state and federal law - All damages, whether actual, consequential, or punitive - All rights to legal remedies or court proceedings ## Comprehensive Liability Waiver and Release **YOU HEREBY IRREVOCABLY WAIVE, RELEASE, AND DISCHARGE ALL CLAIMS AGAINST [PLATFORM NAME] FROM:** ### Mr. Number/TrueCaller Shield Release: - Any reports, reviews, or safety notations about you (past, present, or future) - Profile visibility and linking to reports - Community decisions based on such reports - Cross-platform sharing of your information - Defamation claims related to user-generated content - Interference with business relationships or opportunities - Emotional distress from report publication - Privacy violations from report disclosure - Reputational harm from truthful or untruthful reports ### Section 230 Protection: To the extent permitted by law, the Platform is not liable for user-generated content under Section 230 of the U.S. Communications Decency Act. ## Comprehensive Warranty Disclaimers **THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:** - WARRANTIES OF MERCHANTABILITY - WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE - WARRANTIES OF NON-INFRINGEMENT - WARRANTIES OF ACCURACY OR COMPLETENESS - WARRANTIES OF UNINTERRUPTED OR ERROR-FREE OPERATION - WARRANTIES OF SECURITY OR DATA PROTECTION - WARRANTIES REGARDING THIRD-PARTY CONTENT OR SERVICES ## Comprehensive Damages Exclusion **TO THE FULLEST EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:** - CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES - LOST PROFITS OR BUSINESS OPPORTUNITIES - LOSS OF DATA OR BUSINESS INTERRUPTION - PUNITIVE OR EXEMPLARY DAMAGES - ATTORNEYS' FEES AND COSTS (EXCEPT WHERE LEGALLY REQUIRED) - EMOTIONAL DISTRESS OR REPUTATIONAL HARM - ANY DAMAGES EXCEEDING $100 IN TOTAL ## Content Submission and Licensing By submitting any content or data, you grant us a perpetual, irrevocable, worldwide, royalty-free license to: - Use, reproduce, modify, publish, and distribute such content in any medium - Generate aggregated, anonymized, or de-identified data products - Share information with other safety platforms and communities - Process data for Platform operation and improvement - Create commercial data products from aggregated information ### Profile Visibility and Report Linking: You understand and consent that: - Your profile information (name, photo, bio, community affiliations, city/general location) may become visible to other Members or Communities - Private identifiers (email, phone, full address, government IDs) will not be made public - Reports and safety notations may be linked to your profile - This linking helps other Members and Communities make informed safety decisions ### User-Generated Content Acknowledgment: Reports are user-generated content that the Platform does not create, verify, or endorse. Reports may reference you and affect your reputation. The Platform acts as a conduit for user-generated safety information. Community decisions may be based on reports submitted about you. ## Report Dispute Process - You may dispute a report through the Platform - The Company may suppress, annotate, or retain the report at its sole discretion - The Company is **NOT** obligated to remove reports unless legally required - The Company's decision is final and not subject to appeal ## Law Enforcement Cooperation If a report alleges misconduct or crime, the Company may: - Refer the matter to law enforcement - Flag or suspend your account - Permanently ban you from the Platform You consent to such actions as a condition of membership. ## Audit Logging and Monitoring All user actions are logged in an immutable audit log. You consent to monitoring for compliance and dispute resolution. ## Force Majeure We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including: - Natural disasters, epidemics, or acts of God - Government actions, regulations, or shutdowns - Cyber attacks, infrastructure failures, or internet outages - Third-party service provider failures - Labor disputes or supply chain disruptions ## Electronic Signatures and Records By using this Platform, you acknowledge and agree that: - Electronic signatures are valid and enforceable under ESIGN and UETA - Electronic records constitute valid agreements and evidence - You consent to conducting transactions electronically - Digital signatures and timestamps create legally binding obligations ## DMCA Copyright Compliance The Platform complies with the Digital Millennium Copyright Act. If you believe content infringes your copyright: - Send DMCA takedown notices to info@badactoridentifier.com - Include all required DMCA notice elements - False DMCA claims may result in liability and account termination - Repeat infringers will be permanently banned ## Content Moderation Safe Harbors Platform content moderation operates under the following principles: - "Good Samaritan" blocking and filtering of objectionable content - Content filtering decisions are Platform's sole discretion - Third-party content disclaimers apply to all user-generated material - Platform reserves unlimited discretion for content removal - Section 230 safe harbor protections apply to all content decisions - No obligation to monitor, review, or moderate any content ## Statute of Limitations **ANY CLAIMS AGAINST THE PLATFORM MUST BE BROUGHT WITHIN THIRTY (30) DAYS** of the event giving rise to the claim. You waive: - Any longer statutory limitation periods - The discovery rule for claim accrual - Continuing violations doctrine applications - Equitable tolling of limitation periods ## Binding Arbitration Clause (U.S. Users) If you are a U.S. user, any dispute must be resolved by final and binding arbitration under Delaware law, except for claims in small-claims court. **THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.** ### Class Action Waiver: **YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE PLATFORM.** All disputes must be resolved individually. ## State-Specific Enforceability Provisions **Florida Users:** Florida courts require clear, unambiguous, unequivocal, and specific language. This agreement meets all Florida requirements and explicitly covers ordinary and gross negligence. **New York Users:** New York requires clear language and voluntary assent without coercion. This agreement provides conspicuous notice and voluntary acceptance. ## Modification and Amendment Procedures We may modify these Terms at any time with the following procedures: - Written notice to users at least thirty (30) days before effective date - Notice provided via email to registered address and platform notification - Continued use after effective date constitutes acceptance of modified terms - Users who object to modifications may terminate accounts before effective date ## Assignment and Transfer Rights - Platform may assign, transfer, or delegate these Terms without user consent - Users may not assign or transfer their accounts or obligations - These Terms bind successors, assigns, heirs, and legal representatives ## Notice and Cure Provisions Before claiming breach of these Terms: - Written notice must be provided to the alleged breaching party - Notice must specify the nature of the alleged breach with reasonable detail - Breaching party has thirty (30) days to cure any curable breach - Failure to provide notice or opportunity to cure waives breach claims ## International Compliance Users acknowledge that: - GDPR Article 49 derogations apply to necessary data transfers - Canadian PIPEDA compliance responsibility lies with users in their jurisdiction - Australian Privacy Act obligations are user responsibility for Australian users - Cross-border data transfers occur as necessary for platform operation - Users consent to international data processing and transfers ## Additional Business Protection Clauses ### Professional Services Disclaimer: - Platform does not provide legal, medical, financial, or professional advice - All content is for informational purposes only - Users must consult qualified professionals for specific advice ### Third-Party Dependencies: - Platform may rely on third-party services and infrastructure - Third-party failures do not create Platform liability - Platform not responsible for third-party data practices ### Regulatory Compliance Limitations: - Platform operates under applicable laws as interpreted by Platform - Regulatory changes may affect service availability - Platform reserves right to restrict access for compliance reasons ## Choice of Law and Jurisdiction These Terms are governed by: - Delaware state law without regard to conflict of laws principles - Federal law preempts state law where applicable - Personal jurisdiction is consented to in Delaware courts - Venue is proper in New Castle County, Delaware ## Severability Clause If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. ### Survival of Essential Provisions: Even if portions of this Agreement are found unenforceable, the following core provisions will remain in effect: - Liability waivers and releases - Indemnification obligations - Arbitration and class action waivers - Governing law and jurisdiction - Data licensing and content permissions ## Termination - You may delete your account at any time - The Company may suspend or terminate your access immediately if you breach these Terms - Certain obligations survive termination --- **By creating a Member account, you acknowledge that you have read, understood, and agreed to these Terms of Service.** **Last Updated:** October 1, 2025 **Version:** 1.0