We operate the website http://www.setandco.com (the “Site”), the mobile application Set&Co (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

Set&Co. is a comprehensive mobile application designed for freelance professionals—both crew and cast—in the film, television, and commercial production industries.

You can contact us by email at support@setandco.com.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Set&Co, LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may update these Legal Terms from time to time. If we make material changes, we will notify you by email or through the App at least thirty (30) days before the changes take effect, and we will update the “Last updated” date above. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified Legal Terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for or hold an account. A parent or legal guardian may use their own account to track a minor’s work, auditions, and earnings, as described in the “PARENTS AND GUARDIANS OF MINORS” section below.

We recommend that you print a copy of these Legal Terms for your records.

1. Our services

The Services are offered only in the United States and are intended for use only by persons located in the United States. The App is available for download only through the United States Apple App Store and Google Play storefronts and cannot be downloaded in other countries. The Services are not intended for distribution to or use by any person or entity in any other jurisdiction or country. If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

References to production companies, payroll companies, unions, guilds, casting agencies, or other organizations within the Services (including in sample or demo content) do not imply endorsement by, sponsorship by, or affiliation with those organizations.

2. Intellectual property rights

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

Your use of our services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

access the Services; and
download or print a copy of any portion of the Content to which you have properly gained access,

solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: support@setandco.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions and contributions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services allow you to create, upload, and store content, such as job and work records, notes, contacts, attachments, photos, profile information, and other materials (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.

Most Contributions are private to your account. Contributions you choose to include in your public profile or share with linked users may be viewable by those users.

Your Contributions belong to you: You retain ownership of your Contributions. You grant us only a limited license to use them to operate the Services, as described in the “CONTRIBUTION LICENSE” section below. We will not sell your Contributions, and we will not use your name, image, voice, or likeness to advertise or promote Set&Co without your separate, express consent.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

3. User representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are at least 18 years old; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

4. User registration

You must register for an account to use the App and its features. Public content on our website, such as educational articles and general information about Set&Co, is available without an account. You agree to keep your password confidential and will be responsible for all use of your account and password. You may maintain only one active account. Please notify us immediately at support@setandco.com if you suspect unauthorized access to your account. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5. Parents and guardians of minors

Accounts may only be held by adults who are at least 18 years old. Minors may not create an account or use the Services directly.

A parent or legal guardian may use their own account to keep track of a minor’s auditions, jobs, work days, and earnings (for example, for a child performer or young crew member). If you do so, you represent that you are the minor’s parent or legal guardian; you are responsible for all information you enter about the minor and for your use of the Services on the minor’s behalf; you consent to our processing that information to provide the Services to you, as described in our Privacy Policy; and you agree to enter only the information needed to use the Services. Set&Co does not provide advice about child performer laws, work permits, or trust account (e.g., Coogan) requirements.

6. Purchases and payment

Paid plans and purchases are sold through one of the following channels (each a “Payment Provider”):

Paddle.com, our online reseller and Merchant of Record, for purchases made on our website or through Paddle checkout;
the Apple App Store, for purchases made through Apple in-app purchase; and
Google Play, for purchases made through Google Play Billing.

Your purchase is also subject to the terms and privacy policy of the Payment Provider you use. The Payment Provider processes your payment and stores your payment card details. Set&Co does not receive or store your full payment card number or security code. Your Payment Provider calculates, collects, and remits any applicable sales tax, VAT, or similar taxes.

Prices may differ depending on the Payment Provider and your location. The price shown in the App or at checkout at the time of your purchase controls. All prices are in US dollars unless otherwise shown. You agree to keep your account and payment information current with your Payment Provider. We reserve the right to correct errors in pricing, even after a payment has been requested or received, and to refuse or cancel any purchase that appears to be fraudulent or unauthorized.

7. Subscriptions

Plans and pricing

We currently offer the following plans and purchases. Prices listed are standard US prices before tax and may differ by Payment Provider:

Free — $0. Core tracking features with limited functionality.
Standard — $9.99 per month or $99.99 per year.
Pro — $17.99 per month or $169.99 per year.
Cast Add-On — $5.99 per month or $54.99 per year, available with a Standard subscription (included with Pro).
Tax Preparation — $59.99 per tax year, as a one-time purchase that does not automatically renew.

The features included in each plan are described in the App and on our website and may change over time.

Billing and renewal

Paid subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current price unless you cancel before the renewal date. You authorize your Payment Provider to charge your payment method on a recurring basis, without requiring your prior approval for each recurring charge, until you cancel. The length of your billing cycle depends on the plan you choose.

Free trial

New users receive a thirty (30) day free trial of paid features. We will remind you before your trial ends. If you have selected a paid plan and provided a payment method, your subscription will begin and you will be charged when the trial ends unless you cancel before then. If you have not selected a paid plan, your account will move to the Free plan when the trial ends, and your data will be kept. Free trials are limited to one per person.

Cancellation

You can cancel your subscription at any time. Cancellation takes effect at the end of the current paid billing period, and you will keep access to paid features until then. After cancellation, your account moves to the Free plan and your data is kept. To cancel:

Purchases through Paddle: use the “Manage Subscription” option in the App’s Settings or the link in your Paddle receipt email.
Purchases through the Apple App Store: cancel in your Apple ID subscription settings.
Purchases through Google Play: cancel in your Google Play subscription settings.

Deleting the App or your account does not automatically cancel a subscription purchased through the Apple App Store or Google Play. If you have questions or are unsatisfied with our Services, please email us at support@setandco.com.

Refund policy

We offer a thirty (30) day refund policy. You may request a full refund within thirty (30) days of any subscription charge (including a renewal charge) or Tax Preparation purchase.

Purchases through Paddle: email support@setandco.com or contact Paddle using the link in your receipt email. Approved refunds are returned to your original payment method.
Purchases through the Apple App Store or Google Play: refunds are processed by Apple or Google under their policies, and we are unable to issue them directly. You can request a refund at reportaproblem.apple.com or through your Google Play account.

When a refund is issued, access to the refunded plan or purchase ends. We may decline refund requests in cases of fraud or abuse, or where prohibited by law.

Fee changes

We may change our prices from time to time. We will notify you at least thirty (30) days before a price increase applies to your subscription, and the new price will take effect at your next renewal. If you do not agree to the new price, you may cancel before the renewal date.

8. Software

We may include software for use in connection with our Services. If such software is accompanied by an end user license agreement (“EULA”), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then we grant to you a non-exclusive, revocable, personal, and non-transferable license to use such software solely in connection with our services and in accordance with these Legal Terms. Any software and any related documentation is provided “AS IS” without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You accept any and all risk arising out of use or performance of any software. You may not reproduce or redistribute any software except in accordance with the EULA or these Legal Terms.

9. Prohibited activities

You may not access or use the Services for any purpose other than that for which we make the Services available. You may use the Services to manage your own freelance work and business, including tracking jobs and income, creating and sending invoices, and sharing your public profile with other professionals. You may not otherwise use the Services for commercial purposes that are not endorsed or approved by us, such as reselling or sublicensing access to the Services.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us, or resell, sublicense, or commercially exploit the Services or the Content, other than by using the Services to manage your own freelance work and business.
Use the Services to send spam or unsolicited advertising to other users.
Misrepresent your identity, professional credentials, union status, or work history.
Use the Services, or information obtained through the Services, to harass, stalk, or harm another person.

10. User generated contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

11. Contribution license

You retain full ownership of your Contributions and any intellectual property rights in them. We do not assert any ownership over your Contributions.

By adding Contributions to the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, copy, process, transmit, and display your Contributions solely to provide, maintain, secure, support, and improve the Services for you, and to display the Contributions you choose to share with other users (for example, through your public profile or linked connections). This license includes the right to use service providers that help us operate the Services, subject to confidentiality and security obligations.

We will not sell your Contributions, and we will not use your name, image, voice, or likeness to advertise or promote Set&Co without your separate, express consent. Your private records—such as jobs, work days, finances, tax information, contacts, notes, and attachments—are not shared with other users unless you choose to share them.

This license ends when you delete the applicable Contributions or your account, except for (1) copies kept temporarily in backups, as described in our Privacy Policy; (2) Contributions you shared with other users before deletion, to the extent those users saved copies; and (3) anonymized rate data you chose to contribute, which cannot be linked back to you.

We are not liable for any statements or representations in your Contributions, and you are solely responsible for them. We may remove or disable any Contribution that we reasonably believe violates these Legal Terms or applicable law. We have no obligation to monitor your Contributions.

12. Public profiles and linked users

You may create a public profile and link with other users using an invite code, QR code, or link. You control which profile information is shown, such as your name, positions, markets, highlighted jobs, union affiliations, and, if you choose, your phone number, email address, or résumé.

Information you make public or share with linked users may be viewed, saved, and shared by those users, and we cannot control what they do with it. You can change your profile visibility or unlink from a user at any time in the App, but doing so will not remove information another user has already saved.

13. Contacts and information about other people

Device contacts

If you give the App permission to access your device contacts, you may import selected contacts into the App and export contacts from the App to your device. You represent that you have the right to use that contact information for professional networking purposes within the Services.

Responsibility for contact data

You are responsible for making sure that your use of other people’s information complies with applicable privacy laws and that you have any required consent to store it. You must not add information about other people that is false, defamatory, discriminatory, or unlawful.

Contact lists, notes, and events

Contact lists, event histories, and notes you create in the App are private to your account unless you choose to share them. We may remove information about another person if we receive a valid request or believe it violates these Legal Terms or applicable law.

14. Financial, tax, earnings, and union information

Not financial, tax, or legal advice

The financial features of the Services (including income and expense tracking, timecards, invoices, payment tracking, tax preparation tools, rate calculators, and educational articles) are provided for informational and organizational purposes only. They do not constitute financial, tax, accounting, legal, payroll, or employment advice. Set&Co is not a tax return preparer, certified public accountant, enrolled agent, attorney, financial adviser, payroll company, or union representative.

Tax tools and estimates

Tax summaries, estimated taxes owed or refunded, quarterly estimated payment amounts, withholding comparisons, state filing notices, deduction suggestions, and tax reports are approximate. They are based on the information you enter and on general rules that change and may not reflect your individual circumstances. The Services do not prepare or file tax returns. You are solely responsible for your tax filings and payments, and you should consult a qualified tax professional before relying on any tax information from the Services.

Estimated earnings

Earnings, overtime, meal penalty, per diem, kit rental, reimbursement, and other pay figures shown in the Services (including in the Rate Calculator, work days, timecards, and income summaries) are estimates calculated from the information you enter. Actual pay may differ because of payroll company calculations, union or contract terms, withholdings, fringe, rounding, and other factors. Always confirm final amounts with your payroll service, production company, or employer; their records control.

Union and guild information

The Services may display information about union and guild rules, rates, and requirements, such as scale rates, overtime and meal penalty rules, booking or confirmation windows, and budget tiers. This information reflects Set&Co’s own interpretation of union agreements and collective bargaining agreements. It may be incomplete, out of date, or not applicable to your specific contract, local, production, or situation. Set&Co is not affiliated with, endorsed by, or acting on behalf of any union or guild, and nothing in the Services is an official statement of any union’s or guild’s rules. Contact your union or guild directly to confirm rules, rates, and your rights under any agreement.

Union status is voluntary

Entering your union or guild status, affiliations, or membership information in the Services is entirely your choice. It is not required to create an account or to use the Services, and you can remove it at any time. Federal labor law protects your right to decide whether to join or support a union, and employers generally may not coercively question you about your union membership or activities. Set&Co is not your employer, never requires you to disclose your union status, and does not share your union status with employers, production companies, or other users unless you choose to include it in your public profile.

Rate information

Rate information, whether entered by you or shown in aggregated statistics, is provided for informational purposes only. It is not a wage guarantee, an offer of employment, or a rate standard, and we make no representations about the accuracy or completeness of aggregated industry data.

Invoices and payments

Set&Co does not process payments between you and your clients or employers, transfer funds, or act as a financial intermediary. Invoices you create are sent by you, and Set&Co is not a party to any agreement between you and your clients, production companies, payroll companies, or employers.

Data accuracy

You are solely responsible for the accuracy of the data you enter. Set&Co is a record-keeping and organizational tool and does not verify employment, rates, hours, payments, or tax information.

15. Support access

Set&Co personnel do not access the contents of your account without your explicit consent, except where necessary to protect the security of the Services, prevent fraud or abuse, or comply with law. Our staff can see basic account information, such as your name, email address, subscription plan, and last activity date, to administer accounts and billing.

If you need help, you can generate a support code in the App and share it with our support team. A support code is valid for up to 24 hours. While it is active, authorized support personnel may view the data in your account and, at your request, correct it. Access is logged, and you can revoke a support code at any time. Only share support codes through Set&Co’s official support channels; we are not responsible for access resulting from sharing a support code with anyone else.

16. Mobile application license

Use license

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

The App is licensed for use only in the United States and is made available only through the United States Apple App Store and Google Play storefronts.

Apple and Android devices

The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

17. Sign-in and connected services

You can sign in with Sign in with Apple or Google Sign-In, and you can connect your Apple or Google calendar to sync your jobs and availability. When you connect one of these services (“Third-Party Accounts”), you authorize us to exchange the information needed to provide that feature, and your use of that service remains subject to its own terms and privacy policy. You can disconnect a Third-Party Account at any time in the App’s Settings or through that service; disconnecting may limit the related features but will not delete your Set&Co data.

The Services also use third-party data, such as weather from the U.S. National Weather Service and maps from Google Maps. We do not guarantee the accuracy or availability of third-party services or data, and we are not responsible for them.

18. Third-party websites and content

The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

19. Services management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

20. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy: http://www.setandco.com/privacy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. The Services are hosted in the United States and are intended only for users located in the United States.

21. Digital Millennium Copyright Act (DMCA) notice and policy

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c) (3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.

Counter notification

If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent

Jensen & Jensen, PLLC

Attn: Copyright Agent

6051 Interstate 20 West Ste 103

Arlington, TX 76017

United States

22. Term and termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

You may delete your account at any time in the App’s Settings or by contacting us at support@setandco.com. Deleting your account does not cancel a subscription purchased through the Apple App Store or Google Play; please cancel it through the store.

Grace period and data export: When an account is deleted, whether by you or by us (other than for fraud, abuse, or legal reasons), the account will be deactivated and its data kept for a thirty (30) day grace period. During the grace period, you may contact us to restore your account or request an export of your data. After the grace period, your data will be permanently deleted from our active systems, as described in our Privacy Policy. We recommend exporting any records you need, including records you may need for tax purposes, before deleting your account.

23. Modifications and interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

24. Governing law

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

25. Dispute resolution

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the American Arbitration Association (AAA) website. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Denton County, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Denton County, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than two (2) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

26. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

27. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

28. Limitations of liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

29. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

30. User data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, we cannot guarantee that data will never be lost or corrupted, and we encourage you to export and keep your own copies of important records, such as records you need for tax purposes. To the fullest extent permitted by law, we are not liable for any loss or corruption of data.

You may request an export of your data at any time by contacting us at support@setandco.com, including during the thirty (30) day grace period after your account is deleted, as described in the “TERM AND TERMINATION” section.

31. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

32. SMS text messaging

Program description

If you provide your mobile number and opt in, we may send you text messages (SMS) for account verification and security (such as sign-in and two-factor authentication codes) and, if you request them, service notifications about your account. We do not send marketing text messages unless you separately and expressly opt in to receive them. Consent to receive text messages is not a condition of any purchase. Message frequency varies.

We do not share your mobile number or text-messaging opt-in information with third parties or affiliates for their marketing or promotional purposes.

Opting out

If at any time you wish to stop receiving SMS messages from us, reply to the text with “STOP.” You may receive an SMS message confirming your opt out. If you opt out of verification messages, you may need to use another sign-in or verification method. If you want to join again, please sign up as you did the first time.

Message and data rates

Please be aware that message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or undelivered messages. If you have any questions about your text plan or data plan, contact your wireless provider.

Support

If you have any questions or need assistance regarding our SMS communications, please reply with the keyword HELP or email us at support@setandco.com. If you have any questions regarding privacy, please read our Privacy Policy: http://www.setandco.com/privacy.

33. California users and residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

34. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

35. Contact us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Set&Co, LLC