Terms of Service

FAVA (“we,” “our,” or “us”) is an online communication platform and message board that facilitates connections among you, an individual using the FAVA app platform (“User”) for the purpose of requesting or offering informal favors (eg. errands, rides, tasks, or other community-based assistance within public or private groups). By accessing or using the FAVA app or website (collectively, the “Platform”), User agrees to these Terms of Service (“Terms”). Acceptance is a strict and required condition for User to use the FAVA app platform. 

These Terms form a binding legal agreement between User and FAVA, Inc. (or its affiliates, including its owners, directors, officers, employees, agents, and successors, collectively “FAVA Entities”), hereinafter the “Agreement.” Please read these Terms carefully, along with our Privacy Policy (see link-to-privacy-policy below), which is incorporated herein by reference. 

1. Nature of the Platform 

FAVA is solely a neutral online message board and communication tool designed to enable User to post requests, offers, and discussions within trusted groups of parents, neighbors, and friends. FAVA does not broker, arrange, endorse, or guarantee any services, tasks, or transactions between FAVA’s Users. We do not provide, facilitate, or oversee any actual performance of favors, errands, babysitting, school pickups, or other activities. All interactions, contract for services, arrangements are solely between Users and occur entirely at User’s own risk. FAVA is not a party to any User contracts, and disclaims any role as an intermediary, agent, or fiduciary in User’s dealings with other Users on the FAVA platform. 

FAVA provides a space for community postings but assumes no responsibility for the content, accuracy, or outcomes of any User communications. User acknowledges that contacts and resulting contracts on the Platform are provided “AS IS” and “AS AVAILABLE,” without any representations or warranties of any kind, express or implied. 

2. Eligibility and Account Responsibilities 

To use FAVA:

a) User must be at least 18 years old to use the Platform. 

b) User agrees to provide accurate, current, and complete information during registration and to update it as necessary. User is solely responsible for maintaining the confidentiality of User’s account credentials and for all activities under User’s account. 

c) Group administrators have discretion to approve or deny membership requests, but FAVA does not verify, endorse, or assume responsibility for any group or administrator decisions. 

d) User must use the Platform only for lawful purposes and in compliance with all applicable laws. Prohibited activities include, but are not limited to: harassment, exploitation, sexual services or related conduct, illegal transactions, spamming, or posting content that violates intellectual property rights. Violations may result in immediate account termination and reporting to authorities as appropriate.  

3. FAVA Does No Background Checks or Vetting 

FAVA does not conduct, and expressly disclaims any responsibility for conducting, background checks, criminal history reviews, reference verifications, or any other screening of User, group members, or third parties. User is solely responsible for evaluating the suitability, trustworthiness, and qualifications of any other User before engaging in any interaction, request, offer, or service. This is especially critical for favors or tasks involving access to User’s home, office, business, children, elderly individuals, or other vulnerable persons. 

4. User Responsibilities and Due Diligence 

User is fully responsible for User’s use of the Platform and all interactions with other Users. Before entering into any contract for favors, tasks, or services (including but not limited to babysitting, child pickups, elderly care, home or office access, or property-related errands): 

a) Conduct User’s own thorough due diligence, including independent background checks, references, and verifications as User deem appropriate. 

b) Use common sense and personal judgment to assess risks, especially those involving personal safety, children, the elderly, or property. 

c) Do not share sensitive personal information (e.g., full addresses, financial details, or specifics about children or elderly individuals) until User has verified the other party’s identity and suitability through independent means. 

d) Any arrangements, including compensation, are private contracts between User and the other User(s). FAVA is not involved in, and assumes no liability for, the formation, performance, or enforcement of such contracts. 

User agrees to indemnify, defend, and hold harmless the FAVA Entities from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising from User’s use of the Platform, User’s interactions with other Users, or any violations of these Terms. This includes, without limitation, claims related to personal injury, property damage, child or elderly welfare, or financial disputes. 

5. Payments and Service Fees 

Payments for all FAVA contracts are due and payable as follows:

a) All payments for favors, tasks, or services are handled directly and exclusively between User via third-party payment platforms utilized by FAVA. FAVA does not process, hold, guarantee, or facilitate any such payments between Users. 

b) Third-party payment platforms will charge their own processing for merchant service fee. 

c) FAVA charges a separate service fee of “X” percent when a contract for services is reached between Users for a favor, task, or service facilitated through the Platform. 

d) Optional “Support FAVA” contributions remain voluntary and separate from User-to-User transactions or service fees. 

e) User agrees that FAVA has no responsibility for payment disputes, refunds, fraud, or losses related to User-to-User transactions. All such risks are exclusive borne by User. 

6. Content and User-Generated Material 

User retain ownership of content User posts (e.g., requests or offers), but grants FAVA a worldwide, non-exclusive, royalty-free license to host, display, and use it as needed to operate the Platform. User represents that User’s content does not infringe third-party rights and complies with these Terms. FAVA may remove content at its discretion but is not obligated to monitor or moderate it. 

7. Disputes Involving User(s) and FAVA

With any disputes User may have arising from or relating to the services contracted for on the FAVA app, User agree as follows:

a) FAVA is not responsible for resolving, mediating, or arbitrating disputes between Users, including those related to services, payments, performance, or safety. User agrees that FAVA is not a mediator and is not responsible for resolving any such dispute between Users, and User does hereby release the FAVA from any claims relating to and arising from such disputes.

b) For disputes involving User and FAVA, User agrees to binding arbitration before the American Arbitration Association (AAA)in Bexar County, Texas, under the then-existing AAA commercial rules of arbitration, waiving rights to class actions or jury trials. The Federal Arbitration Act, and not the Texas Arbitration Act applies to such arbitration.

8. Disclaimers and Limitation of Liability 

To the fullest extent permitted by law, the FAVA affiliates: 

a) Make no representations or warranties about the Platform, other users, or any content, including completeness, accuracy, security, or suitability. 

b) Disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. 

c) Shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages (including lost profits, data, or goodwill) arising from User’s use of the Platform, even if advised of the possibility. Liability is limited to the amount User paid FAVA in the preceding 12 months (or $100 if none). 

d) Are not liable for acts, omissions, or conduct of other users or third parties, including risks from favors involving children, the elderly, home or office access, or personal safety and expressly disclaim any liability or responsibility for acts, omissions, or conduct of other users or any other party in connection with the FAVA Platform.” 

9. Termination 

We may suspend or terminate User’s account at any time for violations of these Terms, without notice or liability. Upon termination, User’s right to use the Platform ends immediately. 

10.  Personal Jurisdiction and Venue

User consents to personal jurisdiction in Bexar County, Texas for any claim relating to and arising from the use of the FAVA application and services contracted by that app, regardless of any choice of law provision to the contrary.

11. Governing Law and Miscellaneous 

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws principles. Any non-arbitrable claims must be brought exclusively in the state or federal courts in Bexar County, Texas. These Terms constitute the entire Agreement and supersede prior understandings. If any provision is invalid, the remainder remains enforceable. FAVA may assign these Terms; User may not without our consent. 

12. Updating Terms of Service

We may update these Terms as the Platform evolves (e.g., new features or payment options), without notice to FAVA User. User’s continued use after changes constitutes an express acceptance of such modified terms. FAVA will attempt to notify User of material updates via the Platform or email, within thirty (30) days of the proposchange taking effect. 

Questions? Contact us at info@fava.co.