Terms of Service

01Agreement

These Terms of Service ("Terms") are a binding agreement between you and Ryan Wu, doing business as tely ("tely," "we," "us," or "our"), covering the tely mobile application and website at telyapp.com (the "Service"). By creating an account or using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Service.

02Eligibility

You must be at least 13 years old, and meet any higher minimum age required where you live, to use tely. If you are under the age of majority where you live, you represent that a parent or legal guardian has reviewed and agrees to these Terms on your behalf. You represent that your use of the Service does not violate any applicable law.

03Your account

Unless we permit otherwise, you may maintain one personal account. You are responsible for your credentials and for all activity under your account; notify us at legal@telyapp.com of any unauthorized access. You agree to provide accurate information. We may reclaim, suspend, or terminate usernames that impersonate others, infringe rights, or violate these Terms.

04The Service and your license to use it

tely is a social tracking service for movies and TV shows. Movie and TV metadata is provided by third-party sources; tely does not host, stream, or distribute video content.

The Service — including its software, design, features, text, graphics, and branding — is owned by tely or its licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your personal, non-commercial use, subject to these Terms. We may add, modify, or remove features at any time and do not guarantee continuous or error-free availability.

05Fees

The Service is currently free. We may introduce paid features or subscriptions at any time; pricing and terms will be presented before you buy, and purchases made through the App Store or Google Play are also subject to those platforms' terms.

06User content and license

You retain ownership of content you create on tely — reviews, ratings, comments, lists, images, profile information, and other material you post ("User Content").

By posting User Content, you grant tely a worldwide, non-exclusive, royalty-free, fully paid license to host, store, use, reproduce, modify, adapt, create derivative works from, publicly display, publicly perform, and distribute your User Content in connection with operating, developing, improving, and providing the Service. This license includes the right to sublicense to our service providers and distribution partners as needed to provide the Service, and is transferable to a successor in connection with a transaction described in our Privacy Policy. We may use User Content you have shared publicly to promote the Service.

If you delete content or your account, this license ends, except that it continues for: residual copies in backups for a limited period; retention required for legal, safety, or anti-abuse purposes; aggregated or de-identified data derived from your content; and copies you or others have already shared outside the Service.

You also grant each user of the Service a non-exclusive license to access and view your User Content as permitted by your visibility settings and these Terms. You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe the rights of any third party.

If you send us suggestions or feedback, we may use them without restriction or compensation.

07Acceptable use

You agree not to post or transmit content that: infringes intellectual property rights; is defamatory, harassing, threatening, or hateful; is sexually explicit or obscene, including intimate imagery shared without consent; exploits or endangers minors; promotes violence, terrorism, or self-harm; impersonates any person or entity; exposes another person's private information without consent; constitutes spam or fraud; or violates any applicable law.

You also agree not to: scrape, crawl, or programmatically access the Service without our prior written permission; reverse-engineer or attempt to access non-public systems or code; circumvent technical controls, rate limits, or security measures; use the Service to harvest others' personal information; or use another user's account.

We may remove content or suspend accounts at our sole discretion for violations of these rules or conduct we deem harmful to the Service or its users, without prior notice and with post-action notice where required by law.

08Third-party content and other users

Reviews, ratings, and opinions on tely are those of individual users, not of tely; we do not endorse or verify User Content. Third-party metadata is provided as-is. The Service may link to third-party sites and services, which have their own terms and policies. Your interactions with other users are between you and them; to the fullest extent permitted by law, you release tely from claims arising out of disputes between users.

09Reporting and moderation

You may report content through the in-app report feature and block users to prevent them from interacting with you. If you are depicted in intimate imagery published on the Service without your consent, you (or someone authorized to act for you) may request its removal through our removal process, whether or not you have a tely account; we will remove validly reported intimate imagery within the time required by law and make reasonable efforts to identify and remove any known identical copies. For other reports, we review and act as appropriate; response times vary except where applicable law requires a deadline, and moderation decisions are at our sole discretion.

10Copyright and DMCA

If you believe content on tely infringes your copyright, follow our DMCA takedown procedure. We maintain and reasonably implement a policy providing for the termination, in appropriate circumstances, of users who are repeat infringers.

11Referral program

tely may offer referral or promotional programs that unlock features. We may modify, suspend, or discontinue any such program at any time. Feature unlocks obtained through fraud, automation, or multiple accounts may be revoked, and participating accounts may be suspended.

12Termination

You may delete your account at any time in Settings → Delete Account, or by emailing support@telyapp.com. We may suspend or terminate your account at our discretion, including for violations of these Terms, fraud, abuse, or as required by law. Upon termination your license to use the Service ends immediately.

Provisions that by their nature should survive termination do survive — including the limited residual rights expressly described in Section 6, the feedback clause, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.

13Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TELY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY OF METADATA OR USER CONTENT, AND UNINTERRUPTED OR ERROR-FREE OPERATION. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. Some jurisdictions do not allow these exclusions; they apply to the maximum extent permitted.

14Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELY AND ITS OPERATORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES — INCLUDING LOST PROFITS, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION — ARISING OUT OF THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. TELY'S AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED THE GREATER OF (A) USD $100 OR (B) THE AMOUNT YOU PAID TELY IN THE 12 MONTHS PRECEDING THE CLAIM. Some jurisdictions do not allow certain limitations; in those, liability is limited to the smallest amount permitted.

15Indemnification

You agree to defend, indemnify, and hold harmless tely and its operator from claims, damages, and expenses (including reasonable legal fees) arising from your User Content, your unlawful conduct or violation of the rights of a third party, or your material breach of these Terms. We may assume exclusive control of any matter subject to indemnification, with your cooperation.

16Governing law and dispute resolution

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles.

Informal resolution first. Before filing any claim, you and tely agree to try to resolve the dispute informally: send a written description of the dispute to legal@telyapp.com, and we will attempt in good faith to resolve it within 60 days. Either party may proceed only after that period. This step does not apply to small-claims matters, requests for emergency or injunctive relief, or claims that applicable law does not permit to be delayed.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. Except for small-claims matters and equitable relief to protect intellectual property, any dispute arising out of these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the claim is filed. Fees are governed by the AAA's rules and fee schedules. The arbitrator, not a court, decides all issues, except that a court decides whether this arbitration agreement is enforceable, and claims for public injunctive relief that cannot be waived under California law may be pursued in court. If the AAA is unavailable or declines to administer a dispute, the parties will select a comparable administrator, or the dispute may proceed in the courts described below. YOU AND TELY EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION OR CONSOLIDATED PROCEEDING.

Opt-out: you may opt out of arbitration by emailing legal@telyapp.com with subject "Arbitration Opt-Out" within 30 days of first agreeing to these Terms. Disputes not subject to arbitration shall be resolved exclusively in the state or federal courts located in California, and you consent to their jurisdiction. Changes to this Section 16 do not apply to disputes that arose before the change. This section does not apply where it is unenforceable under applicable consumer-protection law.

17Time limit on claims

To the extent permitted by law, any claim arising out of these Terms or the Service must be filed within one year after it arose, or it is permanently barred. This period is tolled while the informal resolution process in Section 16 is pending.

18Apple App Store terms

If you downloaded tely from the Apple App Store: these Terms are between you and tely, not Apple; Apple's standard Licensed Application End User License Agreement also governs your license to the app binary and controls in any conflict concerning that license; Apple has no obligation to provide maintenance, support, or warranties for the Service; in the event of any failure of the app to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any), and Apple has no other warranty obligation; tely, not Apple, is responsible for addressing claims relating to the app, including product liability, regulatory, and consumer-protection claims, and for the investigation and defense of any third-party intellectual-property claim; Apple is a third-party beneficiary of these Terms and may enforce them against you.

19Google Play terms

If you downloaded tely from Google Play, your download and any purchases may also be governed by Google Play's terms of service. Google is not a party to these Terms.

20Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will communicate them to you, such as through the app or by email; where required by law, we will provide advance notice or obtain consent. Changes required by law take effect as required, and terms specific to a new feature take effect when you choose to use that feature. Continued use after changes take effect constitutes acceptance, except that changes to Section 16 (governing law and dispute resolution) require your affirmative acceptance. If you do not agree to a change, stop using the Service and delete your account.

21Miscellaneous

These Terms, together with any supplemental terms expressly incorporated into them, constitute the entire agreement between you and tely regarding the Service and supersede prior agreements. Our Privacy Policy describes our data practices, and our DMCA Policy describes our copyright procedures; neither is part of these Terms. If any provision is unenforceable, it will be modified to the minimum extent necessary and the rest remain in force. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign freely. We are not liable for delay or failure to perform due to causes beyond our reasonable control. You represent that you are not located in a country subject to a US government embargo and are not on any US prohibited-parties list.

22Contact

Questions about these Terms: legal@telyapp.com.