Terms of Service

1. What InCerkle is

InCerkle lets you create a private circle (a "Cerkle") for family and friends that lives in text messages, with a web app as the rich view. Members post by texting; posts are relayed to the other members of that Cerkle. Creators may run paid Cerkles that sell access to their content.

2. The text-messaging program

Program: InCerkle. By opting in you agree to receive recurring text messages from InCerkle for the Cerkles you join. Message frequency varies. Message and data rates may apply. Reply STOP to cancel, HELP for help.

• Consent. You opt in by texting (678) 519-6017, by texting JOIN with an invite code, or by verifying your number and ticking the consent box on an invite page. Consent is not a condition of any purchase.
• Frequency. In instant mode you receive one text per post by another member of your Cerkle, so frequency depends on how active your Cerkles are. Reply DIGEST for at most one summary text per Cerkle per day; reply INSTANT to switch back.
• Cost. InCerkle does not charge for texts. Your carrier's message and data rates apply.
• Opting out. Reply STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT to stop all InCerkle texts immediately. Reply LEAVE to leave your active Cerkle only. Reply START to resume. You may receive one confirmation message when you opt out.
• Help. Reply HELP or email support@incerkle.com.
• Carriers. Supported carriers vary. Carriers are not liable for delayed or undelivered messages.
• Privacy. How we handle your number and content is described in our Privacy Policy. Your mobile information is never shared with third parties for marketing.

3. Your account

Your mobile number is your account. You must be at least 13 to use InCerkle and at least 18 to subscribe to or run a paid Cerkle. Keep your phone secure; anyone who can text from your number can act as you. Tell us at support@incerkle.com if you lose control of your number.

4. Invites and membership

A Cerkle's invite code may be shared only with people you know and want in your circle. Nobody can be added to a Cerkle by someone else: each member joins by their own action. Cerkle owners may not use InCerkle to send marketing or bulk messages, and we may close Cerkles that do.

5. Your content

You own what you post. You give InCerkle a limited license to store, transmit, and display your content to the members of the Cerkle you posted it in, so the Service can work. Do not post content you do not have the right to share, content depicting minors inappropriately, harassment, threats, spam, or anything unlawful. We may remove content or suspend accounts that break these rules.

6. Creator Cerkles and payments

• Subscriptions are billed by Stripe on a recurring basis at the price shown when you subscribe, until you cancel. Cancel any time; access continues to the end of the paid period.
• InCerkle keeps a platform fee from each subscription and pays the remainder to the creator through Stripe Connect. Creators must complete Stripe onboarding to be paid.
• Refunds are at the creator's and InCerkle's discretion except where required by law.
• Creators are responsible for their own content, their taxes, and complying with these terms in their Cerkle.

7. Sponsored content

A creator may allow sponsored posts in their Cerkle. Sponsored content is sold and served by InCerkle, is always labeled "Sponsored," and never involves sharing your number or content with the advertiser.

8. Acceptable use

Do not use the Service to send unsolicited messages, to harvest numbers, to interfere with the Service or its providers, or to violate any law, including the Telephone Consumer Protection Act. We apply rate limits and may suspend accounts that abuse the Service.

9. Ending the relationship

You can stop at any time by replying STOP or by asking us to delete your account. We may suspend or end your access if you breach these terms or if we discontinue the Service, with notice where practical.

10. Disclaimers and liability

The Service is provided "as is." Text delivery depends on carriers and networks we do not control, and we do not guarantee that every message will be delivered or delivered promptly. To the fullest extent permitted by law, InCerkle is not liable for indirect, incidental, or consequential damages, and our total liability for any claim is limited to the amount you paid us in the twelve months before the claim.

11. General

These terms are governed by the laws of the State of [State], without regard to conflict-of-law rules. If we change these terms in a way that matters, we will update the date above and, where required, notify you by text or in the web app. Continued use after a change means you accept it. Questions: support@incerkle.com.