Last Updated: 03/16/2025

Welcome to Out&Abt (“we, us, or our”). These Terms of Service (“Terms”) govern your use of the Out&Abt mobile application (the “App”) available for iOS and Android (collectively, the “Services”). By downloading, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services.

ARBITRATION NOTICE:  Please carefully review  Section 11. Dispute Resolution section below. This section will affect your legal rights as it pertains to your use of the App.

1.1 By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and any additional policies referenced herein.

1.2 We reserve the right to modify or update these Terms at any time by posting the updated Terms within the App. If we make material changes, we will notify users via in-app notifications, and via email sent to your registered Out&Abt login email address. Your continued use of the Services after any such changes will be considered your acceptance of the new Terms.

2.1 The Services are intended for users located in the United States of America. By using the Services, you represent that you are at least 18 years old (or older if required under applicable local law to form a legally binding contract) and have the legal authority to enter into these Terms.

2.2 We do not knowingly collect information from individuals under 18 years of age. If we become aware that someone under 18 has provided personal information, we will take steps to delete such information.

3.1 Account Creation: To access certain features of the Services, you must be 18 years or older, and register for an account. During registration, we collect certain personal information, such as your first and last name, email address, and date of birth.

3.2 Account Responsibility: You agree that you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 Accuracy of Information: You agree to provide accurate and complete information during your registration and to keep such information updated.

4.1 The Services may allow you to post or share content, including text, images, or other materials (“User Content”). You retain ownership of all intellectual property rights in and to your User Content.

4.2 By posting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, copy, reproduce, process, adapt, publish, transmit, display, and distribute such content only for the purpose of operating and providing our Services.

4.3 You are responsible for all User Content that you upload, post, or otherwise make available. You agree that you will not post any content that is unlawful, offensive, or infringes any third-party rights. We reserve the right to remove or modify User Content that violates these Terms or our policies.

5.1 Prohibited Activities: You agree not to:

• Use the Services for any illegal or unauthorized purpose;
• Post or transmit malicious code, viruses, or harmful software;
• Harass, intimidate, or threaten other users;
• Infringe upon the intellectual property rights of others; and
• Collect or store personal data about other users without their consent.

5.2 We reserve the right to suspend or terminate your account if you engage in any prohibited activities or violate any other provision of these Terms.

9.1 To the fullest extent permitted by law, Out&Abt, its affiliates, officers, directors, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, even if we have been advised of the possibility of such damages.

9.2 Our total liability to you for all claims arising from or related to the Services shall not exceed the amount (if any) you paid to us for using the Services.

10.1 You agree to defend, indemnify, and hold harmless Out&Abt and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.

Please read this section carefully as it affects your legal rights as it pertains to your use of the App. By accepting these terms, you are waiving your right to a class action, and will be required to arbitrate any disputes arising out of use or purported misuse of this App.

11.1 If any dispute arises between you and Out&Abt, we encourage you to first contact us at support@outandabt.ai to report any grievances, and to seek an amicable resolution. We will do the same if we suspect misuse of the App, but we reserve the right to suspend, or terminate your use of the App pending an investigation into your alleged misconduct, or until an appropriate resolution has been sought commensurate with the suspected violation.

11.2 If the dispute cannot be resolved informally, it shall be resolved through binding arbitration on an individual basis, or through small claims court, if allowed by applicable Minnesota law. You and we expressly waive a trial by jury or class-wide arbitration.

11.3 The governing law shall be that of the state in which Out&Abt is headquartered in the State of Minnesota. 

11.4 At least 30 days prior to initiating an arbitration, you and Out&Abt each agree to send the other party an individualized notice of the dispute (NOD) in writing and attempt in good-faith to negotiate an informal resolution of the individual claim. You must send your NOD to Out&Abt by email support@outandabt.ai. If the parties are unable to resolve the dispute within the 30-day period, only then either party may begin filing a written demand for arbitration using an arbitrator of Out&Abt’s prerogative.

11.5 The arbitrator may award relief as allowed under applicable Minnesota law, but declaratory or injunctive relief may only be awarded on an individual basis, and only to the extent necessary to provide relief to claimant’s individual claim. The arbitrator’s decision shall be final and binding.

If any provision of this Agreement shall be held or made invalid by a court decision, statute or rule, or shall be otherwise rendered invalid, the remainder of this Agreement will be given full force and effect.

13.1 We may, at our sole discretion, suspend or terminate your account or access to the Services at any time, for any reason, without notice, including if we believe you have violated these Terms.

13.2 Upon termination, the licenses granted hereunder shall terminate, and you will have no right to continue using the Services.

If you have any questions regarding these Terms, please contact us at support@outandabt.ai.