DRAFT for legal review. Items in [brackets] still need to be filled in.
Terms of Use
These terms are an agreement between you and Kopitzke Creative, LLC (“we,” “us”), the maker of Elbows. By creating an account or using Elbows, you agree to them and to our Privacy Policy. If you don’t agree, please don’t use Elbows.
1. Who can use Elbows
You must be at least 13 years old. If you’re under 18 (or the age of majority where you live), you need a parent or guardian’s permission, and they agree to these terms for you. You’re responsible for keeping your sign-in details private and for what happens in your account.
2. Families
- Anyone can start a family and becomes its first admin. Admins choose question types and the daily time, invite people with the family code, make other admins, remove members, and can delete or restore the family.
- A family can have up to 30 members. You can belong to more than one family; families don’t share anything with each other.
- Anyone with your family code can ask to join, so share it only with people you want in your family.
- If no admin can be reached, a member 16 or older can ask to become an admin. If no admin answers within 7 days, the role passes to them automatically.
3. What you share
You own the answers, photos and replies you post. You give us permission to store, process and show them to the members of the family where you posted them, only so we can run Elbows. This permission ends when you delete the content or your account, except for copies already removed from view that remain briefly in backups.
Please share kindly. Don’t post anything that:
- is illegal, threatening, harassing or hateful;
- is sexual content, or involves a minor in any harmful way;
- shares someone else’s private information, or photos you don’t have the right to share;
- impersonates someone, or tries to break, overload, or get around the security of Elbows.
We don’t read families’ conversations as a routine, but we may remove content or suspend accounts that break these rules, or when the law requires it. To report a problem, contact hello@elbowsapp.com.
4. Subscriptions and the free trial
- Elbows offers a 14-day free trial, then a family plan for $12 per year (or the local price shown in the App Store or Google Play).
- One plan covers every family the subscriber is in. Everyone the family invites joins free.
- The plan renews automatically each year until you cancel. You can cancel anytime in your Apple account or Google Play settings, at least 24 hours before the trial ends or the plan renews. We’ll remind you 2 days before a free trial ends.
- Purchases are made through Apple or Google and are subject to their terms. Refund requests go to them; we can’t issue refunds for store purchases ourselves.
- If a plan ends, the family can still view all past questions, answers, reactions and replies, but new daily questions and new posts pause until someone subscribes again.
- If we change the price, we’ll tell you in advance, and the change applies at your next renewal. You can cancel before then.
5. Leaving, removal and deletion
You can leave a family or delete your account at any time in the app. Deleting your account permanently deletes your profile and everything you’ve posted. Family admins can remove members and delete families; both can be undone for 30 days, after which a deleted family is permanently erased. We may suspend or close accounts that seriously or repeatedly break these terms.
6. Elbows itself
Elbows, its design, questions and logo belong to Kopitzke Creative, LLC. You may use the app for your own personal, non-commercial use. Please don’t copy, resell or reverse-engineer it.
We work hard to keep Elbows running well, but it’s provided “as is.” We can’t promise it will always be available, free of errors, or that notifications will always arrive. We may change or improve features over time.
7. Limits on our responsibility
To the fullest extent the law allows, Kopitzke Creative, LLC is not liable for indirect, incidental or consequential damages, or for content posted by other users. Our total liability for any claim relating to Elbows is limited to the amount you paid us for Elbows in the 12 months before the claim, or $50, whichever is greater. Some places don’t allow these limits, so they may not apply to you. [Lawyer: review limitation, indemnity, and dispute-resolution terms.]
8. Disputes
These terms are governed by the laws of Wisconsin, without regard to its conflict-of-laws rules. [Lawyer: venue / arbitration clause.] Nothing here limits rights you have under consumer protection laws where you live.
9. Apple and Google
These terms are between you and us, not Apple or Google. Apple and Google aren’t responsible for Elbows or its content, and have no duty to provide support for it. If you downloaded Elbows from the App Store, Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them. [Lawyer: confirm Apple’s minimum EULA terms are covered, or use Apple’s standard EULA.]
10. Changes
If we make important changes to these terms, we’ll tell you in the app before they take effect. Continuing to use Elbows after that means you accept the updated terms.
11. Contact
Kopitzke Creative, LLC · 1835 E. Edgewood Dr. Ste. 105 #51, Appleton, WI 54913 · hello@elbowsapp.com