These terms are a legal agreement. Please read all of them before you agree in the app.
Four parts matter most, so we point to them here rather than leave them to be found. Section 7 says that we do not vet or background-check anyone. Section 8 sets out the risk you accept when you deal with people you do not know, and the claims you release us from. Section 10 has the rules, some of which end an account the first time. Sections 22 to 24 limit what we owe you, and say what you owe us if you break these terms.
1. About these terms
These terms of use are an agreement between you and Verota Technology Ltd. They apply when you use the CommonBeat app and the website at commonbeat.ca. In these terms, "CommonBeat" means both.
You accept these terms when you tap "I agree" in the app, before your first beat. The app records which version you agreed to and when. If you do not agree, do not use CommonBeat.
This page is always at commonbeat.ca/legal/terms, and you can save or print it. If you would like a copy by email, ask us.
The community guidelines form part of these terms. They set out the rules in section 10 again, with examples. If the guidelines and these terms ever say different things, these terms apply.
Two other pages explain things these terms refer to. The privacy policy explains how we handle personal information. The safety page explains what we do to reduce risk, and how quickly we answer.
Some words have a set meaning in these terms:
- Member means a person with a CommonBeat account.
- Beat means what you put out in the app: what you are up for, roughly when, your mood, and the neighbourhood you would meet in.
- Room means the small group CommonBeat links you into, with its text chat. These terms also call it a group.
- Content means anything a member writes in CommonBeat: a first name, the one line about themselves, a message, or a note added to a report.
"Including" means including without limitation. Headings help you find your way and do not change the meaning of a section.
2. Who we are
CommonBeat is run by Verota Technology Ltd., from Vancouver, British Columbia, Canada. CommonBeat is the name of the app; Verota Technology Ltd. is the company that publishes it, and the company you make this agreement with. Where these terms say "we" or "us", they mean Verota Technology Ltd. CommonBeat is operated by one person. If a different company takes CommonBeat over, its name will appear here and the version of this page will change.
You can reach a person at info@commonbeat.ca, and that one address takes everything: questions, safety, privacy and requests about your data.
3. What CommonBeat is
You say what you are up for, when you are free and which open neighbourhood you would meet in. If enough people say something compatible around there, CommonBeat links you into a small group with a text chat. That is where CommonBeat stops. Whether the group meets, and where and when, is the group's own decision, made without us.
A room is three to five people. CommonBeat never links two people alone.
There is nothing to browse, nobody to swipe on, and no photo. The people in a room with you can see your first name, and your one line if you wrote one. Chat is text only. A room's messages become read-only when the room closes, and are deleted 48 hours after that.
If you accept "Every week?" in the app, CommonBeat puts out the same beat for you each week, in the neighbourhood you chose for it, until you turn it off. Before each week's beat the app asks whether you are still on, and only a beat you say yes to can join a group.
CommonBeat opens neighbourhood by neighbourhood, one at a time. At the time of writing its neighbourhoods are across Metro Vancouver, in Vancouver, UBC and the University Endowment Lands, Burnaby, New Westminster, Richmond, the City and District of North Vancouver, West Vancouver, Coquitlam, Port Moody and Port Coquitlam. Your neighbourhood is the one you live in. If it is not open yet, you are on its list and we tell you when it opens, and meanwhile, with the current version of the app, you can meet in one that is open. A new account cannot be opened on a mobile number with a Quebec area code yet, as section 5.3 says.
CommonBeat is free. There is no subscription, no in-app purchase and no advertising. So there is nothing to pay, renew or refund, and nothing to cancel except your account, which you can delete at any time (section 18).
4. What CommonBeat is not
CommonBeat is not a dating service and is not to be used as one. It is not an introduction agency. It is not a background-check service. It is not an events, escort, security or chaperone service. It does not arrange, host or attend any meeting, and nobody from CommonBeat is ever there.
We do not make friends for you and we do not promise that a group will form, that anyone will reply, or that you will enjoy it.
5. Who can use CommonBeat
5.1 You must be 19 or older
You need to be at least 19 years old to open an account. That is the age of majority in British Columbia. We ask for your date of birth during sign-up and we refuse the account if it puts you under 19.
Until 2026-11-10 the minimum age was 18. If you opened your account at 18 before then, it is not closed. You can still sign in and use the rooms you are in, but you cannot put out a beat, one-off or weekly, until you turn 19.
British Columbia's legal drinking age is 19, the same age. The database still refuses a beat for a drink from anyone under 19. CommonBeat does not choose where anyone goes, so the law on drinking age is yours to follow wherever a group meets.
If we find that an account was opened by someone younger than the minimum age at the time, we close it. If we find that an account belongs to a child, we act under section 10.3.
5.2 A Canadian mobile number
You sign in with a mobile number that can receive text messages. CommonBeat sends sign-in codes only to Canadian numbers.
5.3 Not yet in Quebec
CommonBeat refuses a new account on a mobile number with a Quebec area code until these terms exist in French. They are in English only for now. The app says so on the phone step, before it sends a code. An account already open on a Quebec number keeps working: it still signs in, and can still be deleted from the app or from our website.
5.4 The other conditions
To use CommonBeat you must also meet two conditions:
- You use it for yourself, and not for a business or on behalf of somebody else.
- We have not closed an account of yours for breaking these terms, unless we have told you in writing that you may come back.
6. Your account
6.1 Signing in
Your account is tied to your mobile number. Each time you sign in, we text a one-time code to that number. A short automatic check runs before each code is sent, to keep out programs that pretend to be people. When you set up your account, you also confirm an email address with a code.
6.2 Keeping it yours
You are responsible for what happens on your account. Keep your phone locked, and never share a sign-in code: we will never ask you for one.
Each time your account is signed in, after the first time, we tell you by notification and by email. You can sign out every other phone from You, in the app. If you think somebody else has your account or your number, write to us straight away.
We can sign you in only with a code sent to your number. If you lose that number, write to us.
6.3 What you tell us
Use your own first name and your real date of birth, and keep your email address current. You can change your one line and your email address in the app. You can change your first name in the app, but not while you are in a room that has not closed, and at most once every 30 days after your first day.
Your first name and one line are checked against fixed rules before other members see them. When the check is unsure, a person reads the words first. Until then, other members see "New member" instead of your name, and do not see your one line.
6.4 One person, one account
Your account is yours alone. Do not let anybody else use it, and do not sell it or hand it over.
7. We do not vet or background-check members
We do not vet or background-check members.
We check that a phone number works and that it belongs to someone who can receive a code on it, and that the email address on your account is yours, by sending a code to it. We check first names and the one line people write about themselves against a fixed set of rules. There is no profile photo and no selfie check at this stage.
That is a check that a phone number works and that an address is yours. It is not a check on who that person is, what they have done, or whether they are safe to be around. We have no access to criminal records and we do not buy identity data. Nobody in a group with you has been cleared by anyone.
Please read that paragraph again before you decide to meet anyone from a group. It is the single most important thing on this page.
8. Strangers, and any meeting: the risk you accept
CommonBeat introduces you, in a group chat, to people you do not know. That carries real risk, and using the service means you accept it.
Our part ends at the group chat. If you decide to meet any of the people in it, that is your choice and the group's own arrangement, not ours. We do not arrange it, supervise it or attend it, and you accept the risk of it too.
We reduce the risk of the chat in specific, limited ways, and the safety page sets out exactly which ones. None of them make a stranger safe. In particular:
- A group is at least three people. CommonBeat never links two people alone.
- You can block any member of your group silently, and report them, from the chat.
- CommonBeat does not arrange, supervise or attend meetings, and does not choose or check places.
You are responsible for your own decisions about whether to meet, where to meet, whether to stay, what to drink, how to get home, and what you tell people about yourself. If you feel unsafe, leave. You never owe anyone an explanation, and leaving is never held against you.
To the extent the law allows, you release us from claims arising out of what another member does or fails to do, and out of anything that happens when members meet, which we do not arrange.
That release does not cover harm caused by our own fraud, wilful misconduct or gross negligence. It also does not take away any right that the law says an agreement cannot take away.
9. Meeting is your own arrangement
CommonBeat does not arrange, host or attend meetings, and it does not choose, check or recommend places. If a group decides to meet, its members arrange it themselves, and CommonBeat takes no part in the arrangement.
If you do meet, choose somewhere public, with staff and other people around, and never a home or a car. That is advice, not a service. If something needs the police or an ambulance, call 911 first and tell us second.
10. The rules
These apply in the group chat, and to anything you do to a member you met through CommonBeat, online or in person. They also apply to what you do to another member after a room has closed. The community guidelines set out the same rules with examples.
10.1 No romantic or sexual approaches. The first time ends the account
CommonBeat is not for meeting a partner. Using it as though it were is the one rule where there is no warning, no strike system and no second chance once a person has confirmed it. When a report of it reaches a person here, the account is suspended while they look and, in nearly every case, permanently closed.
We write it that plainly because a vague rule is not a rule. Here is what it covers, with examples, so that nobody can say they did not know:
- Asking a member on a date, in the room or after it closes.
- Telling a member they are attractive, or commenting on their body or their face.
- Asking for a member's phone number, social media handle or private contact details in order to pursue them.
- Sending a message of a sexual nature, or an image of that kind.
- Continuing to contact a member after they have left a room, stopped replying, or asked you to stop.
- Saying, in a group or when a group meets, that you are there to find a partner.
- Signing up on behalf of someone else in order to introduce them to people.
Two things this rule is not. It does not mean you have to be cold to people; being warm and friendly with a group is the point. And it is not a rule against two adults who met here deciding, later and mutually, to see each other. It is a rule against treating a room of strangers as a pool of candidates, and against approaching someone who did not invite it.
If you are unsure whether something crosses the line, the test is simple: would you say it to a colleague you had just met at work? If not, do not say it here.
10.2 Nothing illegal. The first time ends the account
Do not use CommonBeat to buy, sell, trade, lend or arrange anything illegal. That includes firearms, ammunition and other weapons, drugs (including cannabis between members: only licensed stores may sell it), stolen goods, fake identification, scams and fraud. Do not threaten to hurt anyone, and do not plan or encourage violence.
Selling or arranging weapons or drugs, or a threat of violence, ends the account the first time, the same as the rule above. The messages are kept as evidence. If someone may be in danger, we may tell the police, as section 17 says.
10.3 Nothing involving a child
Any sexual content involving a minor, any attempt to contact a minor, and any material of that kind sent anywhere in the service ends the account immediately and permanently. The evidence is preserved, not deleted. We report it to the Canadian Centre for Child Protection and to the police. Canadian law requires that report, and we make it.
To raise a concern about a child, report it in the app or write to info@commonbeat.ca. That address is CommonBeat's contact for child safety. If a child is in danger now, call 911 first.
At this stage no image can be uploaded or sent anywhere in CommonBeat. Chat is text only.
10.4 No harassment, threats or hate
Do not insult, demean, threaten, intimidate or follow another member. Do not comment on someone's race, religion, disability, gender, sexuality or accent, and do not attack anybody for their race, ethnicity, religion, disability, gender or sexual orientation. Do not keep pushing a topic after someone has said they do not want to discuss it. Do not photograph or record another member without them saying yes first.
10.5 No commercial solicitation
Do not sell, recruit, promote, canvass, fundraise, or invite people to an event you profit from. Do not use a room as a lead list. This includes multi-level marketing, coaching, religious or political recruitment, and asking for money.
10.6 No impersonation
Use your own first name. Do not claim to be somebody you are not.
Misrepresenting your gender in order to enter a women-only room is a first-strike ban as well. No women-only rooms are running in this version; the rule is here because it binds from the day one does run.
10.7 One account, one person
One account each, on your own phone number. Do not share an account, sell one, or open a new one after we have closed yours. We keep a one-way hash of the phone number of a closed account so that this rule can be enforced, and the privacy policy explains exactly what that means.
10.8 Respect other people's privacy
Do not share another member's messages, name, or anything else that could identify them outside CommonBeat without their permission. You may keep a copy of a conversation for your own records, or to report a concern to us, the police or another authority. Do not try to find out where another member lives, works or is.
Never share an intimate image of anybody without their consent, or a link to one. That is a crime in Canada, and here it ends the account.
10.9 Do not break the service
No scraping, no automated access, no attempt to find other members' locations, no probing for security holes, no reselling anything you find here.
In particular:
- Do not copy, change, take apart or reverse engineer the app, except as far as the law allows despite this rule.
- Do not get around a block, a limit, a suspension, a ban or the check that runs before a sign-in code is sent.
- Do not send malicious code, overload CommonBeat, or interfere with how it works.
- Do not make a report you know is false, or report somebody in order to harass them.
If you find a security problem, tell us instead, as the security page explains.
11. Checks, reports and what we do
11.1 Reports and blocks
Anyone in a room can report anyone else, and can block them silently. A block is invisible to the person blocked: they are not told, and they never will be.
11.2 Automatic checks
CommonBeat refuses to send a message that contains a phone number, an email address, a link or a social media handle, that asks for money, or that tries to move the conversation to another app.
Messages are also checked automatically. A message that clearly breaks one of these rules is removed, and for the most serious rules the account is paused until a person has looked. A message the check is unsure about is passed to a person to read and stays visible meanwhile. The check never closes an account: a person does. The privacy policy says which companies run the check and what they receive.
No check catches everything, and an automatic check can be wrong. A message that gets through has not been approved by us.
11.3 What we may do
We publish how quickly we respond on the safety page, and we hold ourselves to it. Depending on what we find, we may do nothing, send a warning, remove content, limit an account, suspend it, or close it permanently. Serious reports suspend an account while we look, because the alternative is leaving someone in rooms during the hours it takes to decide. If two different members report within 30 days that they did not feel safe with the same person, that account is limited.
- A limited account keeps the rooms it is in, but cannot put out a new beat or join a new room. The limit lifts on its own after 7 days, but not while a report about the account is still open. A person here can lift it sooner.
- A suspended account leaves its rooms, its open beats are cancelled, and it cannot be used until a person has decided.
- A closed account cannot be reopened, and its number cannot be used for a new account.
11.4 What we tell people
We do not tell a reporter what we did to the person they reported. We do tell them that we finished looking.
Where we close an account for a first-strike rule, we say which rule. Where we close one for something else, we usually say what happened, unless saying so would identify a person who reported you.
11.5 If you think we got it wrong
Write to info@commonbeat.ca from the email address on your account, or tell us the phone number on it. A person reads it, looks again at what happened, and answers by email.
12. What you write
12.1 It stays yours
You own the content you write. We do not claim ownership of it.
12.2 The permission you give us
So that CommonBeat can work, you give us a non-exclusive, royalty-free, worldwide licence to store, copy, send, show and process your content. We may use it only to show it to the people it is meant for, to run and secure CommonBeat, to keep people safe, to enforce these terms, and to meet our legal obligations.
The companies that run parts of CommonBeat for us may do the same, for the same purposes, as the privacy policy describes. The licence does not let us sell your content, use it in advertising, or publish it.
The licence ends when your content is deleted under the privacy policy. It continues only for the copies the privacy policy says we keep, such as the evidence kept with a report.
12.3 Your responsibility for it
You are responsible for your content. Do not write anything that breaks the law or these terms, or that you have no right to share. We may remove or refuse content that breaks these terms, without notice.
We do not read everything members write before others see it. What other members write is their responsibility, and not ours.
13. The app, and what belongs to us
13.1 Our rights
CommonBeat's name, logo, app, website, design, text and software belong to us or to the people who license them to us. These terms do not give you any right in them, except the licence below. Do not use our name or logo in a way that suggests we endorse you.
13.2 Your licence to use the app
We give you a personal, limited, non-exclusive, non-transferable and revocable licence to install the app on a phone you own or control. The licence lets you use the app and the website for yourself, and not commercially, as these terms allow. Your right to use the service ends when your account ends.
13.3 Updates
We may update the app. Some updates download by themselves when you open it, and others come through your app store. An older version may stop working, and the app tells you when you need to update.
13.4 Open-source software
The app contains open-source software. Each piece comes with its own licence, and that licence governs that piece.
13.5 Ideas you send us
If you send us an idea or a suggestion, we may use it freely, without paying you or naming you.
13.6 If something here uses your work
If you believe something in CommonBeat infringes your copyright or another right of yours, write to info@commonbeat.ca. Say what it is and where it is, and we will look at it and answer you.
14. The messages we send you
14.1 Text messages
We text your number a one-time code each time you sign in, and when you delete your account on our website. CommonBeat sends no other texts, and no marketing. Message and data rates from your carrier may apply.
Reply STOP to stop our texts, and HELP for help. Without the texts we cannot sign you in on that number. The text messages page has the details. Carriers are not liable for delayed or undelivered messages.
14.2 Email
We send four kinds of email, all about your account:
- A code that confirms your address.
- A welcome, once the address is confirmed.
- One email when your neighbourhood opens, if it was not open when you signed up.
- A notice each time your account is signed in, after the first time.
We do not send marketing email. If we ever want to, we will ask first, separately. The welcome and opening emails carry a link that stops them. The sign-in notice does not, because it is about the security of your account.
14.3 Notifications
The app sends notifications about your beats and rooms, your neighbourhood, your account and your safety. You can turn them off in your phone's settings, but you may then miss a room opening.
14.4 Notices to you
We may give you notices about CommonBeat and these terms in the app, or by email to your confirmed address. A notice given that way counts as given in writing.
15. Your privacy
The privacy policy explains what we collect, why, who else receives it, how long we keep it, and what you can do about it. It also explains the automatic chat check that the app tells you about before you agree to these terms.
16. Records we keep
We keep records about safety, and we keep some of them after an account is deleted. That includes a one-way hash of the phone number and any ban attached to it. It includes blocks other people made, carried on that hash. It includes the moderation actions taken and the reason for each, and reports filed about the account with the evidence snapshot taken at the time.
None of them holds your phone number or email address, and the hash cannot be turned back into a phone number without a secret key that we keep. The hash is deleted two years after the account is, unless a ban is attached to it. A ban is permanent, so that a person banned for harming somebody cannot come back by waiting. Reports about the account and the decisions about it are deleted two years after the account is, with the exceptions the privacy policy lists. The main one is a ban: the ban decision and the report it rests on are kept for good. Anything a legal hold, a child-safety case (section 10.3) or a police request needs is kept until it no longer does. The privacy policy sets out each period, and why the alternative — somebody banned on Friday being back on Saturday with every block against them gone — is not acceptable.
17. Law enforcement and emergencies
We cooperate with Canadian law enforcement acting under lawful authority. We respond to production orders, preservation demands and warrants, and we tell the person affected unless we are legally prohibited from doing so or unless telling them would put someone at risk.
We may also disclose information without a demand where we believe in good faith that it is necessary to prevent serious harm to a person. That has a narrow meaning and we treat it narrowly.
Anything involving a child is reported as section 10.3 says.
18. Ending your account
18.1 You can leave at any time
You can delete your account at any time, from the app or from commonbeat.ca/delete-account with the app uninstalled. It is immediate. There is no grace period and nothing that tries to talk you out of it. The deletion screen lists what goes and what stays before you press the button.
18.2 When we suspend or close an account
We can suspend or close an account for breaking these terms, as section 11 describes. We may also suspend or close an account where the law requires it, or where keeping it open would put somebody at real risk.
18.3 After an account ends
When an account ends, the right to use the service ends with it. The account leaves its rooms and its open beats are cancelled. What we keep, and for how long, is in section 16 and the privacy policy. In short, reports and decisions about a deleted account are deleted two years after it, and a ban decision is kept for good.
If you deleted your own account, you can start again with a new one at any time. If we closed your account, you may not open another.
18.4 What continues
Sections 7, 8, 12, 16, 17 and 22 to 26 continue to apply after your account or these terms end, as far as they are relevant.
19. Changes to CommonBeat
CommonBeat is new, and it will change. We may add, change or remove features, open or close neighbourhoods, and pause parts of CommonBeat, for example to deal with a safety incident or to carry out maintenance.
We will tell you before a change that affects you, unless it has to happen at once for safety or security. If we decide to close CommonBeat for good, we will tell members in the app or by email at least 30 days before it closes, so that they can ask for a copy of their information.
20. Changes to these terms
When these terms change in a way that matters, the version at the top of this page changes and the app asks you to read and accept them before you carry on. The version and a hash of the exact text are published at /legal/versions.json, so that the record of what you agreed to points at the words you actually saw.
A new version applies to you from when you accept it, and never to anything that happened before. If you do not want to accept it, you can delete your account instead.
Small corrections that do not change what you are agreeing to — a typo, a broken link — happen without a new version, and the hash records them.
What changed
On 2026-11-11 version 2026-11-12 went in force, signed by the operator as published.
This version was written for 2026-11-12 and was published a day early, on 2026-11-11, at the operator's request. It went in force when it was published, so on 2026-11-11 version 2026-11-11 was in force from midnight until then, and this version from then on.
Version 2026-11-12, written on 2026-11-11: these terms now say that a beat names the neighbourhood you would meet in, chosen from those that are open, instead of roughly where you are. They say that your neighbourhood is the one you live in, and that, with the current version of the app, you can meet in an open one while yours is not open yet. They also say that the app asks before each week's repeating beat whether you are still on. They now say when you can change your first name, under rules in force since 2026-11-10: not while you are in a room that has not closed, and at most once every 30 days after your first day. Because the privacy policy changed with them, the version changed and the app asks you to accept these terms again.
On 2026-11-11 version 2026-11-11 went in force, signed by the operator as published.
Version 2026-11-11, written on 2026-11-11: these terms now say that CommonBeat's neighbourhoods are across Metro Vancouver, and name the places they are in, instead of saying that they are in Vancouver. Nothing else in them changed.
On 2026-11-10 version 2026-11-10 went in force, signed by the operator as published.
Version 2026-11-10, written on 2026-11-10: a new account now needs you to be 19, the age of majority in British Columbia, instead of 18. An account opened at 18 before this version is not closed, but cannot put out a beat until its holder turns 19. A new account on a mobile number with a Quebec area code is refused until these terms exist in French, and an account already open on one keeps working. These terms also say that a limit on an account lifts on its own after 7 days, unless a report about the account is still open. Reports and decisions about a deleted account are deleted two years after it. A ban decision and the report it rests on are kept, and so is what a legal hold, a child-safety case or a police request needs. Because they change who can use CommonBeat, the version changed and the app asks you to accept these terms again.
On 2026-10-30 version 2026-10-29 went in force, signed by the operator as published.
This page first said that this version went in force on 2026-10-29, the day it was written. That date was corrected to 2026-10-30, the day it was published. Nothing else changed, so what you are agreeing to did not change and neither did the version.
Version 2026-10-29, written on 2026-10-29: we rewrote these terms in full, as numbered sections, and kept every rule of the version before. The new parts cover who can use CommonBeat, including the need for a Canadian mobile number, and your account, including the new-sign-in notice. They also cover how the checks work and how to ask us to look again, the licence you give us for what you write, and the licence we give you for the app. The rest are the messages we send you, changes to CommonBeat, the app stores, what we do not promise, what happens if you break these terms, and general terms. Because they change what you are agreeing to, the version changed and the app asks you to accept these terms again.
On 2026-10-21 version 2026-10-21 went in force, signed by the operator as published. It is the first version of these terms in force.
On 2026-10-23 the summary that opened this page, "The short version", was removed. It said that the sections below it are what counts, and every point it made is still in them, so what you are agreeing to did not change and neither did the version.
Version 2026-10-21, written on 2026-10-21: these terms add "Nothing illegal". It ends an account the first time for selling or arranging weapons or drugs, or for a threat of violence. They also say that messages are now checked automatically and that only a person closes an account. A new first-strike rule is a change that matters, so the version changed and the app asks you to accept these terms again.
Version 2026-09-18, written on 2026-09-17: a new account now needs an email address, confirmed with a code, and these terms say so and say what the address is used for. Because that is a new condition of having an account, the version changed and the app asks you to accept these terms again. Nothing else in them changed. The version is a date, and 2026-09-17 was already taken, so this one carries the next day's.
Version 2026-09-17, written on 2026-09-16: these terms now name Verota Technology Ltd. as the company that runs CommonBeat and that you make this agreement with. The version dated 2026-09-16 named an individual as the one running CommonBeat. Because the party to the agreement changed, the version changed and the app asks you to accept these terms again. Nothing else in them changed. The version is a date, and 2026-09-16 was already taken, so this one carries the next day's.
21. The app stores
21.1 Google Play
If you got the app from Google Play, Google's own terms apply to your use of Google Play. Google is not a party to these terms and is not responsible for CommonBeat.
21.2 Apple's App Store
This section applies if you got the app from Apple's App Store.
- These terms are between you and us only, and not with Apple. We, not Apple, are solely responsible for the app and its content.
- Your licence to use the app is limited to Apple-branded products that you own or control, as the Usage Rules in Apple's Media Services Terms and Conditions allow. Other accounts linked to you through Family Sharing may also use it.
- We alone are responsible for maintaining and supporting the app. Apple has no duty to provide any maintenance or support for it.
- If the app fails to meet a warranty that applies to it, you may tell Apple, and Apple will refund the price you paid for it, which is nothing. To the extent the law allows, Apple has no other warranty duty for the app. Any other claim, loss or cost from such a failure is ours to deal with, as these terms provide.
- We, not Apple, are responsible for any claim about the app or your use of it. That includes product liability claims, claims that the app does not meet a legal or regulatory requirement, and claims under consumer protection, privacy or similar laws.
- If anyone claims that the app or your use of it infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling and discharging that claim.
- You confirm that you are not in a country under a United States Government embargo, or one it has named as supporting terrorism, and that you are not on any United States Government list of prohibited or restricted parties.
- You must follow any third-party terms that apply when you use the app, such as your mobile carrier's.
- Apple and its subsidiaries are third-party beneficiaries of these terms. Once you accept them, Apple may enforce them against you as a third-party beneficiary.
Questions, complaints and claims about the app go to Verota Technology Ltd., Vancouver, British Columbia, Canada, at info@commonbeat.ca.
22. What we do not promise
We provide CommonBeat as it is and as available. We do not promise that it will always be available or free of errors, that groups will form, that anyone will reply, or that anything that follows will be good. We do not promise that what members say about themselves is true, or that any member is safe.
To the extent the law allows, we make no promise and give no warranty or condition about CommonBeat other than those these terms set out. That includes any implied warranty or condition of merchantable quality, fitness for a particular purpose, or non-infringement.
23. Limits on what we owe you
To the extent the law allows, we are not liable for indirect or consequential loss, such as lost profits, lost opportunities or lost data.
Our total liability to you for anything arising out of this service is limited to the greater of one hundred Canadian dollars, or the amount you have paid us in the twelve months before the claim. CommonBeat is free at the time of writing, so in practice that is one hundred dollars.
Nothing in these terms limits liability that cannot be limited by law, or liability for our own fraud, wilful misconduct or gross negligence. British Columbia's consumer protection legislation gives you rights that this agreement cannot take away, and so may the law of the province where you live. Where this section and that legislation conflict, the legislation wins.
24. If you break these terms
To the extent the law allows, if somebody else makes a claim against us because you deliberately broke these terms, or because you broke the law, you will cover the reasonable cost to us of that claim. That includes reasonable legal fees. This does not apply to the extent that we caused the loss. We will tell you about such a claim promptly, and you may take part in answering it at your own cost.
25. Governing law, and what we deliberately have not put here
These terms are governed by the laws of British Columbia and the federal laws of Canada that apply in it. Any dispute goes to the courts of British Columbia, and you and we agree to those courts. If you live in another province, the consumer protection law of that province still protects you, and nothing here takes away a right it gives you to bring a claim in its own courts.
There is no arbitration clause in this agreement, and no class-action waiver.
That is a deliberate choice and we would rather explain it than leave it as an absence. Many services put both in. British Columbia's Business Practices and Consumer Protection Act does not allow either one in a consumer contract, and makes one void if it is there. Writing one here would not survive a challenge, and in the meantime it would tell you that you had given up rights you had not actually given up. We would rather not mislead you about what you can do if we harm you.
So: if you have a dispute with us, you can bring it, in British Columbia, in the ordinary way, including as part of a class proceeding if one exists. The Civil Resolution Tribunal handles small claims in British Columbia and is usually the cheapest route for a small one. Once a dispute has arisen, you and we may agree to settle it another way, such as mediation, but neither of us has to.
Before you bring a claim, we would like the chance to put it right, so please write to info@commonbeat.ca first. That is a request, and not a condition of your right to bring the claim.
26. General terms
26.1 The whole agreement
These terms, with the community guidelines, are the whole agreement between you and us about CommonBeat. They replace any earlier version you agreed to, from when you accept them.
26.2 If a part of this is unenforceable
If a court finds part of these terms unenforceable, the rest still stands and the unenforceable part is read as narrowly as it can be while still meaning something.
26.3 Not enforcing a term straight away
If we do not enforce a part of these terms at once, we can still enforce it later.
26.4 Passing the agreement on
You may not transfer your rights or duties under these terms to anybody else. We may transfer ours to a company that takes CommonBeat over, if that does not reduce your rights under these terms. We will tell you if that happens, and you can delete your account at any time.
26.5 Events beyond our control
We are not responsible for a delay or a failure caused by something we cannot reasonably control. Examples are an outage at a provider we rely on, a natural disaster, or an order from a government.
26.6 Nobody else has rights under these terms
Nobody but you and us has rights under these terms, except Apple, as section 21.2 says.
26.7 Language
These terms are written in English. If we ever publish them in another language as well, the English version applies to the extent the law allows.
27. Reaching us
Write to info@commonbeat.ca. A person reads it. For anything about safety, say so in the subject line, and read the safety page for how fast we answer.