Terms & Conditions

Last Updated: January 7, 2025

1. Acceptance of Terms

By downloading, installing, or using the Delurk mobile application (the “App”), you agree to be bound by these Terms and Conditions and End User License Agreement (collectively, the “Agreement”). If you do not agree to these terms, do not use the App.

2. License Grant

2.1. Subject to your compliance with this Agreement, Horda Inc. grants you a limited, non-exclusive, non-transferable, revocable license to: a) Download, install, and use the App on your personal mobile device b) Access and view user-generated content c) Create and share content through the App in accordance with this Agreement

2.2. You may NOT: a) Copy, modify, or create derivative works of the App b) Reverse engineer, decompile, or disassemble the App c) Remove or alter any copyright, trademark, or other proprietary notices d) Transfer, sublicense, lease, lend, rent, or otherwise distribute the App to third parties e) Make the App available over a network where it could be used by multiple devices simultaneously

3. User Content

3.1 Content Definition

“User Content” means any text, images, videos, audio, or other material that users submit, upload, publish, or display through the App.

3.2 Content Rights

By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the App.

3.3 Content Restrictions

You agree not to submit User Content that:

  • Violates any applicable laws or regulations
  • Infringes upon intellectual property rights of others, including copyrights, trademarks, trade secrets, or patents
  • Contains malicious code, viruses, harmful components, or attempts to interfere with the App’s functionality
  • Promotes hate speech, discrimination, or violence based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
  • Is sexually explicit, pornographic, or contains nudity
  • Is deceptive, fraudulent, or misleading, including false advertising or scams
  • Harasses, bullies, intimidates, or threatens others
  • Impersonates any person or entity, including Horda Inc. employees or officials
  • Contains private or confidential information of others without their consent
  • Promotes illegal drugs, controlled substances, or dangerous activities
  • Contains excessive violence, gore, or graphic content
  • Attempts to manipulate the App’s features or rankings
  • Promotes unauthorized commercial activities or spam
  • Contains false or unverified health or medical claims
  • Depicts minors in harmful or inappropriate situations
  • Includes instructions for creating weapons or explosives
  • Promotes terrorist organizations or extremist ideologies

4. Intellectual Property Rights

4.1. The App, including all content, features, and functionality, is owned by Horda Inc. and is protected by intellectual property laws.

4.2. Our trademarks and trade dress may not be used without our prior written permission.

5. Privacy and Data Collection

5.1. Our collection and use of your personal information is governed by our Privacy Policy, which is available at https://delurk.app/legal/privacy.

5.2. You consent to the collection, use, and sharing of your information as described in our Privacy Policy.

6. Liability

6.1 Disclaimer of Warranties

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

a) WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or data
  • Business interruption
  • Personal injury
  • Property damage
  • Emotional distress
  • Cost of substitute goods or services

b) OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE APP SHALL NOT EXCEED THE GREATER OF:

  • The amount you paid for the App in the past 12 months
  • $100 USD

6.3 User Content Liability

We do not control, verify, or endorse User Content. You acknowledge that:

  • You use the App and access User Content at your own risk
  • We are not responsible for the accuracy, completeness, appropriateness, or legality of User Content
  • You may be exposed to User Content that is inaccurate, offensive, or inappropriate
  • You waive any legal or equitable rights or remedies against us relating to User Content

6.4 Third-Party Services and Integration

The App may contain links to, integrate with, or enable access to third-party services, websites, applications, advertising, or content (“Third-Party Services”). You acknowledge and agree that:

6.4.1 No Control or Endorsement

  • We do not control, operate, or endorse any Third-Party Services
  • The inclusion of any links or integrations does not imply our endorsement
  • We make no representations about the safety, quality, or accuracy of Third-Party Services
  • We are not responsible for reviewing or updating Third-Party Services

6.4.2 Third-Party Terms

  • Your use of Third-Party Services is governed by their respective terms of service and privacy policies
  • You are solely responsible for reviewing and complying with all such third-party terms
  • We are not a party to your relationships with third-party providers

6.4.3 Disclaimer of Liability

We expressly disclaim all liability for:

  • The content, functionality, or operation of Third-Party Services
  • Any damage, loss, or harm caused by or related to Third-Party Services
  • The privacy practices, data collection, or data usage of Third-Party Services
  • The security of any data transmitted to or from Third-Party Services
  • Any modifications, interruptions, or discontinuation of Third-Party Services
  • Any transactions or agreements between you and third-party providers
  • The accuracy, completeness, or reliability of third-party content
  • Any unauthorized access to or use of our servers and/or any personal information stored therein

6.4.4 Third-Party Payments and Transactions

For any transactions involving Third-Party Services:

  • We are not responsible for any charges, fees, or costs imposed by third parties
  • All payment disputes must be resolved directly with the third-party provider
  • We do not guarantee the security of any payment methods or transactions
  • We are not liable for any financial losses related to third-party transactions

6.4.5 Integration Stability

  • We do not guarantee continuous availability of Third-Party Service integrations
  • Integrations may be modified, suspended, or terminated at any time
  • Technical issues with Third-Party Services may affect App functionality
  • We are not obligated to maintain or repair any third-party integrations

7. Indemnification

You agree to indemnify, defend, and hold harmless Horda Inc., its officers, directors, employees, agents, and licensors from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from:

  • Your violation of this Agreement
  • Your User Content
  • Your use of the App
  • Your violation of any rights of another

8. Termination

8.1 Termination by Us

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason, including:

  • Violation of this Agreement
  • Suspected illegal, fraudulent, or abusive activity
  • Extended periods of inactivity
  • At our sole discretion

8.2 Termination by You

You may terminate this Agreement by:

  • Ceasing all use of the App
  • Deleting the App from your device
  • Deleting your account

8.3 Effect of Termination

Upon termination:

  • Your license to use the App terminates
  • You must cease all use of the App
  • Sections regarding Liability, Indemnification, and Intellectual Property Rights survive

9. Changes to Agreement

We reserve the right to modify this Agreement at any time. We will notify users of material changes through the App or via email. Your continued use of the App after such modifications constitutes acceptance of the updated Agreement.

10. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts located within the State of Delaware, United States.

11. Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

12. Contact Information

For questions about this Agreement, please contact us by email: hello@delurk.app

13. Entire Agreement

This Agreement constitutes the entire agreement between you and us regarding the App and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.