THE OWENSBORO APP – TERMS AND CONDITIONS

Last Updated: July 22, 2026

 

IMPORTANT NOTICE TO USERS:

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER (SECTION 14). BY ACCESSING OR USING THE SERVICES, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT.

 

  1. ACCEPTANCE OF TERMS & THE DUAL-AGE ECOSYSTEM

This Agreement constitutes a legally binding contract between you (“User” or “you”) and The Owensboro App LLC (“Company,” “we,” “us,” or “our”). By downloading, installing, or using The Owensboro App (the “App” or “Service”), you explicitly agree to be bound by these Terms. If you do not agree, do not use the App.

 

1.1 Age Restrictions and Segmented Access

The App operates a bifurcated access model based on user age:

- The Directory Services (Age 4+): Access to local business listings, event schedules, and entertainment directories is permitted for users aged four (4) and older. If you are under 18, you represent that your parent or legal guardian has reviewed and agreed to these Terms.

- The Social Platform & Messaging (Strictly Age 18+): Access to group chats, direct/private messaging, account creation, and peer-to-peer social features is strictly restricted to individuals who are at least eighteen (18) years of age.

By creating an account or accessing social features, you represent and warrant that you are at least 18 years old. Any access to the social features by an individual under 18 is unauthorized, unlicensed, and a direct violation of this Agreement.

 

  1. ACCOUNT CREATION, SECURITY, AND HUMAN IDENTITY VERIFICATION

 

2.1 Registration Data

To access the social features, you must register for an account using a valid email address and phone number. You agree to provide accurate, current, and complete information and to update it immediately upon any changes.

 

2.2 Identity Verification and Badge Distinctions

The App features a dual verification and badge structure to encourage authenticity and account status distinction:

- The Blue Verification Checkmark (Identity Verification): Users may submit a valid government-issued photo ID (displaying a clear photo, name, date of birth, and gender) alongside a live camera photo. A human administrator manually reviews these submissions to verify identity. Notice of Immediate Deletion: Upon completion of the verification review by a human administrator, the submitted government ID image is permanently and immediately deleted from our active servers and temporary storage buffers. The image is never stored long-term, rented, shared, or sold.

- The Gold Checkmark (Subscriber Badge): Awarded exclusively to active subscribers participating in our paid monthly or annual subscription plans.

- Verification Disclaimer & No Background Checks: You explicitly acknowledge that The Owensboro App LLC does not perform criminal background checks or sex offender registry screenings. Neither the Blue Checkmark nor the Gold Checkmark constitutes a guarantee or endorsement of a user's ongoing behavior, safety, background, or character. You interact with other users entirely at your own risk.

 

  1. REAL LIFE (IRL) MEETUPS, APP-ORGANIZED EVENTS, AND LIABILITY RELEASE

 

3.1 Assumption of Risk for Peer-to-Peer Interaction

The social platform allows users to communicate with the goal of meeting up in person ("In Real Life" or "IRL"). THE OWENSBORO APP LLC IS A PASSIVE TECHNOLOGICAL CONDUIT FOR USER COMMUNICATION. THE COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY INTERACTIONS, CORRESPONDENCE, OR REAL-WORLD MEETUPS BETWEEN USERS. YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT SCREEN USERS IN REAL LIFE, AND YOU ASSUME 100% OF THE RISK ASSOCIATED WITH MEETING ANY INDIVIDUAL MET THROUGH THE APP.

 

3.2 App-Organized Events and Third-Party Directory Safety

The App displays third-party business listings and directory events, and may also host, sponsor, or organize official community events, meetups, and gatherings ("App Events").

COMPREHENSIVE EVENT LIABILITY RELEASE: Whether attending a third-party event listed on the App or an official meetup organized directly by The Owensboro App LLC, ATTENDANCE IS STRICTLY AT YOUR OWN RISK. The Company, its owners, operators, employees, and agents shall not be held liable for any personal injury, death, physical assault, property loss, theft, illness, or damages suffered prior to, during, or following your attendance at any event, gathering, or meetup. You voluntarily assume all physical, medical, and personal risks associated with attending.

 

  1. USER-GENERATED CONTENT (UGC) & LICENSING

 

4.1 Ownership and License Grant

You retain ownership of any text, images, photos, reviews, or messages that you upload or post to the App ("User Content"). However, by uploading User Content, you hereby grant to The Owensboro App LLC an irrevocable, worldwide, perpetual, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in any and all media or distribution methods now known or later developed (including for marketing and promotional purposes of the App).

 

4.2 Prohibited Content and Conduct

You are strictly prohibited from posting any User Content or engaging in behavior that is defamatory, obscene, pornographic, harassing, threatening, infringing upon third-party rights, or promoting illegal activity.

 

  1. APPLE GUIDELINE 1.2 COMPLIANCE: UGC MODERATION

To comply with mobile application marketplace standards (including Apple App Store Guideline 1.2), the Company enforces a zero-tolerance policy for abusive, inappropriate, or illegal content. Users may flag bad actors using the in-app Report button, and human moderators will review flagged items within twenty-four (24) hours to take corrective action, including bans and device blocks.

 

  1. IN-APP PURCHASES, SUBSCRIPTIONS, AND PROMOTIONAL COMMUNICATIONS

 

6.1 Premium Subscription Features

The App offers auto-renewing monthly or annual subscription tiers that unlock premium functionality, including a two-times (2x) Social Score multiplier, Gold Checkmark status, VIP Group Chat access, unlimited bio limits, and expanded profile pictures.

 

6.2 "Social Score" Gamification Disclaimer

The "Social Score" system represents arbitrary digital engagement levels awarded to encourage App interaction. It possesses zero cash value and does not constitute any form of property right.

 

6.3 Payment Processing & Strict Refund Policy

All transactions are processed via the Apple App Store or Google Play Store. ALL PURCHASES AND SUBSCRIPTIONS ARE 100% NON-REFUNDABLE.

 

6.4 Promotional Communications, Newsletters, and Marketing Consent

By creating an account and providing your email address and phone number, you explicitly grant consent to The Owensboro App LLC to include your contact information in internal distribution lists for newsletters, promotional communications, platform update announcements, and marketing notices via email and SMS text messages. You may opt out of promotional emails at any time via the "Unsubscribe" link provided in emails, or reply "STOP" to SMS communications.

 

  1. DEVICE DATA & HARDWARE PERMISSIONS

You grant the App permission to access your device’s camera and camera roll/gallery solely for profile imagery, live photos, and identity verification. The App does not track precise real-time GPS locations or access your microphone.

 

  1. INTELLECTUAL PROPERTY OF THE COMPANY

All right, title, and interest in and to the App remain the exclusive property of The Owensboro App LLC. Unauthorized scraping or reverse engineering is strictly prohibited.

 

  1. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

  1. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE OWENSBORO APP LLC BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, OR FOR ANY PHYSICAL INJURY, ASSAULT, EMOTIONAL DISTRESS, OR DAMAGE SUSTAINED IN CONNECTION WITH REAL-WORLD MEETUPS, IRL HANGOUTS, OR OFFICIAL APP-ORGANIZED EVENTS. AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00) OR THE TOTAL AMOUNT PAID BY YOU IN THE LAST SIX MONTHS.

 

  1. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless The Owensboro App LLC from any claims, damages, liabilities, or expenses arising from your use of the App, your User Content, or your attendance at any meetup or App Event.

 

  1. TERMINATION

The Company reserves the right to suspend or terminate your account at any time without notice for violation of these Terms.

 

  1. GOVERNING LAW AND VENUE

These Terms shall be governed by the laws of the Commonwealth of Kentucky. Exclusive venue shall lie in the courts located in or nearest to Daviess County, Kentucky.

 

  1. MANDATORY DISPUTE RESOLUTION: BINDING ARBITRATION AND CLASS-ACTION WAIVER

Any dispute arising under this Agreement shall be settled by binding individual arbitration administered by the AAA in Daviess County, Kentucky. YOU WAIVE ALL RIGHTS TO PARTICIPATE IN CLASS-ACTION LAWSUITS OR CLASS-WIDE ARBITRATIONS.

 

  1. SEVERABILITY AND ENTIRE AGREEMENT

These Terms constitute the complete legal contract between you and The Owensboro App LLC.

 

  1. CONTACT INFORMATION

The Owensboro App LLC

Owensboro, Daviess County, Kentucky

Legal Contact Email: theowensboroapp@gmail.com