Terms of Service

These Terms of Service (the Terms) constitute a binding legal agreement between you and Overlap (“Overlap”, “we”, “us”, “our”), the operator of overlapclass.com and of the applications and features offered through it.

1. (a)Acceptance by use. By creating an Account, by requesting or entering a sign-in code, or by otherwise accessing or using the Services, you accept these Terms and agree to be bound by them. If you do not agree, you must not access or use the Services. That is the whole of your obligation: Overlap is free, so there is nothing to cancel and nothing to pay.
2. (b)Capacity. You represent and warrant that you have the legal capacity to enter into a binding contract, that you meet the requirements of section 3, and that your use of the Services is not prohibited by any law that applies to you. If you are under the age of majority where you live, you represent that your parent or legal guardian has reviewed these Terms and agrees to them on your behalf, and that they accept responsibility for your use of the Services.
3. (c)The Privacy Policy is part of this agreement. Our Privacy Policy is incorporated into these Terms by this reference and forms part of the agreement between us. It is the document that governs what information we collect, who receives it, and how long we keep it. Where these Terms and the Privacy Policy describe the same practice, the Privacy Policy governs as to the handling of information.
4. (d)Consent to contract electronically. Under the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., and any comparable state law, you consent to enter into this agreement electronically and to receive electronically every notice, disclosure, agreement and record that we are required to provide to you in writing. Your assent is given by the acts described in clause (a), which have the same legal effect as a handwritten signature. To access and retain these records you need a device with a current web browser and an email account you can open; you may print or save any page of this document from your browser. You may withdraw your consent by deleting your Account under section 12, since we cannot provide the Services on paper.
5. (e)Provisions that affect your rights. Section 13 disclaims warranties, section 14 limits what we owe you, and section 16 requires most disputes to be resolved by binding individual arbitration and waives your right to a jury and to participate in a class action. Those three sections change what you could otherwise do in court. Read them before you agree to them.

The following terms have the meanings given below wherever they appear with an initial capital letter. Terms defined elsewhere in these Terms carry the meaning given at that place.

1. (a)Account means the record created when you register for the Services, together with everything attached to it: your email address, handle, display name, colour and profile picture, the classes you have added, the busy hours you have entered, your sharing settings, and your friendships.
2. (b)Catalog Data means course and section information originating with a registrar and held in Overlap: course codes, section numbers, CRNs, terms, meeting days and times, rooms and instructors. Catalog Data describes a class rather than a person, and it is common to everyone enrolled in that section.
3. (c)Content means any text, image, data or other material made available on or through the Services by any person, including User Content, Catalog Data, and material supplied by us or by a sponsor.
4. (d)Services means the Overlap website at overlapclass.com, the applications, pages, features and functionality offered through it, and any related communications we send you, including the schedule reader described in section 11, the friend and free-time features, and Sponsored Rows.
5. (e)Sponsored Row means a paid placement in the week grid or another surface of the Services, marked as such, purchased by a business on the terms described in section 9.
6. (f)Terms means this document as it is amended from time to time under section 19, together with the Privacy Policy incorporated by reference into it.
7. (g)User Content means Content that you submit, upload, enter, generate or transmit through the Services, including your handle, display name and profile picture, the classes you add, the busy hours you enter, your sharing settings, your reports, and any schedule screenshot you upload. User Content does not include Catalog Data.
8. (h)You means the individual natural person who accepts these Terms and uses the Services, and “your” is read accordingly. Overlap has no institutional or corporate users: an Account belongs to a person, not to a school, a department or an organisation.

1. (a)Minimum age. You must be at least thirteen (13) years old to use the Services. We do not knowingly permit anyone under 13 to hold an Account, and we close any Account we learn belongs to a person under 13.
2. (b)Users under 18. Overlap is built for university students, and plenty of first-year students are seventeen. If you are at least 13 but under 18, or otherwise under the age of majority where you live, you may use the Services only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. That parent or guardian may write to us at the address in section 24 to review or delete their child’s information.
3. (c)An email address you control. Sign-in is a six-digit code we mail to you, with no clickable link in it, so you must have an email address you can actually open. An address you cannot read is an Account you cannot have.
4. (d)One Account. You may hold one Account. You may not sell, rent, lend, share or otherwise transfer your Account or your sign-in codes to any other person, and you may not use another person’s Account.
5. (e)No re-registration after removal. If we have previously suspended or removed your Account, you may not create a new one, whether under the same email address or a different one, unless we tell you in writing that you may.
6. (f)Sanctions and export control. You represent and warrant that you are not located in, ordinarily resident in, or a national of any country or region subject to comprehensive United States sanctions; that you are not identified on any restricted-party list maintained by the US government, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List and the Entity List; and that you will not use the Services in violation of any US export control or sanctions law.

1. (a)Accurate registration information. You agree to provide accurate information when you register and to keep it current, in particular the email address on your Account, which is where your sign-in codes and every notice under section 20 are sent.
2. (b)Your mailbox is your credential. Because sign-in is a code mailed to you rather than a password, anyone who can read your inbox can receive your sign-in code and reach your Account. You are responsible for keeping that mailbox secure, and you agree not to forward a sign-in code to anyone.
3. (c)Responsibility for activity. You are responsible for all activity that occurs under your Account, whether or not you authorised it, except to the extent that activity results from our own failure to meet a duty we owe you under applicable law.
4. (d)Telling us about a compromise. You agree to notify us promptly at emkawley@gmail.com if you suspect that anyone else has reached your Account or your mailbox. We may suspend an Account while we look into a report of that kind.
5. (e)Handles. A handle is licensed to you for as long as you use it, and it is not property. We may reclaim a handle that impersonates a person, a brand, a university or a university office, that is being held without use, or that belongs to an abandoned Account, and we may require you to change one that violates section 6.
6. (f)Verification. We may require you to re-verify control of your email address at any time, and may restrict access to the Account until you do.

1. (a)Grant. Subject to your continuing compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Services, and to view the Content made available to you through them, for your own personal and non-commercial purposes. That licence extends to updates and new releases of the Services except where a release is accompanied by separate terms, in which case those terms govern that release.
2. (b)Restrictions. Except to the extent that applicable law forbids the restriction, you may not copy, modify, translate, adapt, create derivative works from, distribute, publicly display, sell, rent, sublicense, decompile, disassemble or reverse engineer the Services or any part of them; remove or obscure any proprietary notice; or access the Services through any interface other than the one we provide. Section 6 sets out the conduct rules that apply alongside these restrictions.
3. (c)Reservation of rights. All rights not expressly granted in these Terms are reserved to us and to our licensors. No right or licence is granted by implication, estoppel, exhaustion or otherwise.
4. (d)Revocation. The licence in clause (a) terminates automatically on the termination of your Account or of your right to use the Services under section 12.

Most of this section is one idea. Overlap shows you where people you know will be, which is exactly the kind of information that has to come with rules. You agree that you will not, and will not attempt to, do any of the following.

1. (a)Do not use Overlap to follow, monitor, stalk, ambush or intimidate anyone. If you use this app to be somewhere a person did not want you to be, you have lost your account, and depending on what you did we may involve the police. This clause applies whether or not the person is your friend on the Services, whether or not you obtained the information through a feature working as intended, and whether or not any other clause of this section is also broken.
2. (b)Do not harass, threaten, defame or abuse any person, and do not send or post content designed to distress, humiliate or frighten someone.
3. (c)Do not impersonate another student, an instructor, a university, a university office, or us, and do not misrepresent your affiliation with any person or institution.
4. (d)Do not take another person’s schedule, free time or busy hours out of the Services and publish, sell, post or pass it on. It was shared with you, not given to you.
5. (e)Do not upload a schedule that is not yours, enter another person’s hours as if they were yours, or create an Account that purports to describe someone else’s week.
6. (f)Do not scrape, crawl, spider, harvest or bulk-collect any part of the Services or the Content; do not enumerate handles, accounts, identifiers or endpoints; and do not run a bot, script or automated client against the Services or access them through anything other than the interfaces we provide.
7. (g)Do not attempt to break, overload, probe, or circumvent the security or rate limits of the Services, and do not reach or try to reach data that is not yours. Genuine security research reported to us in good faith at emkawley@gmail.com, without exfiltrating data beyond what is needed to demonstrate the issue and without degrading the Services for anyone else, is welcome and is not a violation of this section. We will not pursue a claim under these Terms or the Computer Fraud and Abuse Act against research conducted on those conditions.
8. (h)Do not upload or transmit any virus, worm, or other malicious code, and do not use the Services to send spam, chain messages or unsolicited commercial communications.
9. (i)Do not interfere with the operation of the Services or with any other user’s use of them, and do not impose an unreasonable or disproportionate load on our infrastructure or on any provider we depend on.
10. (j)Do not exploit the Services commercially: no reselling access, no advertising outside a Sponsored Row bought from us, and no using the Services or the Content to build a competing product or dataset. In particular, you may not use any Content obtained from the Services to train, fine-tune or evaluate a machine learning model.
11. (k)Do not circumvent a block, a suspension, or a per-class hide, whether by creating another Account, by using someone else’s, or by any other means. A person who blocked you did so on purpose.
12. (l)Do not use the Services to break the law, your school’s rules, or anyone’s rights, and do not use them to facilitate any of that for someone else.
13. (m)Do not encourage, induce or assist any other person to do anything this section prohibits.

We may remove Content and suspend or delete an Account that breaches this section, and where there is a risk to a person’s safety we will act first and explain afterwards. Nothing above obliges us to monitor the Services, and our failure to act on one breach is not a waiver of our right to act on another.

1. (a)You keep what is yours. As between you and us, you retain all right, title and interest in your User Content, including your schedule, your handle, your picture and your busy hours. We claim no ownership of it, and nothing in these Terms transfers ownership of it to us.
2. (b)Licence to us. You grant us a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, transmit, adapt for display, and show your User Content, for the sole purpose of operating, maintaining, securing, supporting and providing the Services to you and to the accounts you have chosen to show it to, in the way the Services display it. That licence covers nothing else: not marketing, not sale or licensing to a third party, and not disclosure to anyone you have not accepted. It is sublicensable only to the service providers identified in the Privacy Policy, and only so that they can perform that hosting or processing for us. It ends when you delete the User Content or your Account, except for copies held in routine backups or logs until they rotate out, and except as clauses (d) and (e) provide.
3. (c)What you promise about what you upload. You represent and warrant that, for all of your User Content: you own it or hold the rights necessary to grant the licence in clause (b); it does not infringe or misappropriate any copyright, trademark, privacy, publicity or other right of any person; it describes your own week rather than another person’s; it is not unlawful, defamatory or obscene; its upload and use through the Services does not breach any agreement or policy that binds you, including your university’s; and, where it is a screenshot, you are entitled to disclose everything appearing on it.
4. (d)Carve-out: what the schedule reader produced. When a screenshot is read, we retain the class codes, times and room numbers that came out of it and any correction you made before confirming, so that the reader can be measured and improved. The image itself is deleted once you confirm the classes it found. This is described in the Privacy Policy under Screenshots and the schedule reader, and the retained extract survives the deletion of the source image.
5. (e)Carve-out: Catalog Data. Catalog Data is neither yours nor ours. It originates with your registrar, it is shared by everyone enrolled in the section, and it remains in the catalogue when you drop the class or delete your Account. Deleting your Account removes your enrolment in a section; it does not remove the section.
6. (f)Feedback. If you send us a suggestion, bug report, feature request, or any other feedback about the Services (Feedback), you assign to us all right, title and interest in that Feedback, including all intellectual property rights in it, and you waive any moral rights in it to the extent they may be waived. We may use Feedback for any purpose, without attribution, compensation, confidentiality or any obligation to you. Do not send us anything as Feedback that you are not free to give away on those terms.
7. (g)No duty to store or to monitor. We do not undertake to store User Content indefinitely or to maintain a backup of it, and you are responsible for keeping your own copy of anything you would not want to lose. We may, but are not obliged to, review, remove or refuse User Content that we believe breaches these Terms or the law.

1. (a)Ownership. The Services, including their software, source code, design, layout, text, graphics, and the selection and arrangement of the Content we supply, are owned by us or by our licensors and are protected by copyright, trademark and other laws of the United States and other countries.
2. (b)Our marks. “Overlap”, the Overlap wordmark and logo, and the visual identity of the Services are our trademarks and trade dress. You may not use them without our prior written permission, except to refer accurately to the Services in ordinary speech.
3. (c)Third-party marks. University names, registrar marks and any other third-party names or marks appearing in the Services belong to their respective owners. They are used descriptively to identify a school or a course, and their appearance implies no affiliation, sponsorship or endorsement. See section 11.
4. (d)Reservation. Except for the licence in section 5, nothing in these Terms grants you any right in our intellectual property, and all such rights are reserved.

Overlap is free because local businesses buy Sponsored Rows. The terms on which they appear are part of this agreement because they are also a promise about what is not happening.

1. (a)Marked, flat-rate, and barely targeted. A Sponsored Row is identified as sponsored wherever it appears. It is sold at a flat rate rather than by auction, and it can be aimed at a campus and at a time of day and at nothing else about you. Nothing in the Services records that a row was shown to you or that you tapped it, and no advertiser receives any information about you. See the Privacy Policy on sponsored rows.
2. (b)The sponsor speaks, not us. A Sponsored Row is the advertiser’s statement and not ours. We do not endorse, guarantee or take responsibility for any sponsor, any product or service they offer, any price or claim they make, or any site they link to.
3. (c)Your dealings with a sponsor. Any transaction or correspondence between you and a sponsor is between you and them. We are not a party to it, we do not act as anyone’s agent in it, and we have no liability arising out of it. Bring a complaint about a sponsor to the sponsor.
4. (d)Our discretion. We may decline, remove or discontinue any Sponsored Row at any time and for any reason.

We respond to notices of claimed copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512.

1. (a)Repeat infringers. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the Accounts of users who repeatedly infringe the copyrights of others, and to remove material that we have reason to believe is infringing.
2. (b)Designated agent. Our designated agent for receiving notifications of claimed infringement is Overlap, care of Ethan Kawley, reachable at emkawley@gmail.com, with a postal address available on request.
3. (c)What a notice must contain. To be effective under 17 U.S.C. § 512(c)(3)(A), a written notification sent to the designated agent must include substantially all of the following:

• A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple works at a single site are covered by one notification, a representative list of them.
• Identification of the material claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to let us locate it.
• Information reasonably sufficient to let us contact you: an address, a telephone number, and an email address.
• A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.

Counter-notification

If material of yours was removed and you believe the removal was a mistake or a misidentification, you may send a counter-notification under 17 U.S.C. § 512(g)(3) to the same address. It must include your physical or electronic signature; identification of the material and the location at which it appeared before it was removed; a statement under penalty of perjury that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and your name, address and telephone number, together with a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who gave the original notification or their agent.

If we receive a valid counter-notification, we may restore the removed material in not less than ten and not more than fourteen business days, unless the original complainant first notifies us that they have filed an action seeking a court order to restrain the allegedly infringing activity.

Under 17 U.S.C. § 512(f), a person who knowingly and materially misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages, including costs and attorneys’ fees.

This one matters more than it looks. Overlap shows you a week built from what you typed, what you picked, what a model read off an image you uploaded, and what an import found in your own calendar. Any of those can be wrong.

• The reader misreads things. A Thursday becomes a Tuesday; a 2:30 becomes a 2:00. That is why it asks you to confirm every class before it is saved, and confirming is you saying it is right.
• The Google Calendar import reads the title of an event, and an event title is not a schema. “CS 180” in your own calendar is whatever you or somebody else typed there, so this path guesses which course an event refers to, and it can guess wrong. It asks you to confirm every class for the same reason the reader does.
• The catalogue is a copy of what a registrar published, taken at some point in the past. Rooms move, sections are cancelled, times change, and we may not know yet.
• A friend’s week is only as current as what they last entered.

Overlap is not an official record of your enrolment, and nothing in it is a substitute for your university’s own systems. Do not rely on it for registration, deadlines, exams, attendance, or anything else with a consequence.

Overlap is not affiliated with, endorsed by, or operated on behalf of any university. You are responsible for verifying anything of consequence against your registrar’s own systems before you act on it, and you accept that the accuracy of a class, a room, a time or a friend’s availability is not warranted. This section is a statement of fact about the product; it is separate from, and does not limit, sections 13 and 14.

1. (a)Changes to the Services. We are actively building Overlap, so features will appear, change and be removed. We may modify, suspend or discontinue the Services or any part of them at any time, with or without notice. If we are shutting the Services down, we will give you notice and a way to get your data out first, if we are able to.
2. (b)Suspension and termination by us. We may suspend or terminate your Account or your access to the Services, in whole or in part, with or without prior notice, if you breach these Terms (and in particular section 6), if we reasonably believe your use creates a risk to another person or to the Services, if we are required to by law or by a provider we depend on, or if we discontinue the Services. Where the reason is a safety problem, we will act first and explain afterwards.
3. (c)Termination by you. You may stop using the Services at any time. You can delete your whole schedule yourself in Settings → Privacy, and you can have the entire Account deleted by writing to emkawley@gmail.com. Deleting your Account terminates this agreement as to future use of the Services.
4. (d)Effect of termination. On termination, the licence in section 5 ends immediately, your right to access the Services ends, and we may delete your User Content, subject to the carve-outs in section 7 and to the retention periods set out in the Privacy Policy. Termination does not affect any right or liability that accrued before it, and the sections enumerated in the survival clause of section 23 continue in force.

The services and all content are provided “as is” and “as available”, with all faults and without warranty of any kind. To the fullest extent permitted by applicable law, Overlap and its operators, contributors, licensors and suppliers disclaim all warranties, express, implied, statutory or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement, and any warranty arising out of a course of dealing, a course of performance, or a usage of trade.

We do not warrant that the services will be uninterrupted, timely, secure or error-free, that any defect will be corrected, that the services or any server they run on are free of harmful components, or that any class, meeting time, room, catalog entry or statement about another person’s availability is accurate, current or complete.

In plainer words: we do not promise the app will be available, free of errors, secure against everything, or correct about any particular class, time or person. No advice or information you get from us or through the Services creates a warranty that is not stated here.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts. Where that is the law that applies to you, the exclusions above apply only as far as that law permits, and any implied warranty that cannot be excluded is limited in duration to ninety (90) days from your first use of the Services. You may also have other rights that vary from state to state.

To the fullest extent permitted by applicable law, Overlap and its operators, contributors, licensors and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, data, goodwill or opportunity, for any missed class, missed deadline, missed meeting or missed registration, or for any harm arising because the services told you something that was wrong or told you nothing at all, whether or not we were advised that such damages were possible.

Our total aggregate liability for all claims connected with the services will not exceed the greater of one hundred United States dollars ($100) and the total amount you paid us in the twelve months before the event giving rise to the claim. You have paid us nothing, because Overlap is free.

These limitations apply however the claim is framed, whether in contract, warranty, tort (including negligence), strict liability, statute, or on any other legal or equitable theory, and whether or not we have been advised of the possibility of the loss.

The limitations above apply even if a limited remedy stated in these Terms is found to have failed of its essential purpose. You and we agree that they are an essential basis of the bargain between us and a reasonable allocation of risk for a service provided at no charge: without them, a free app run by a very small team could not be offered at all, and the price would not be zero.

What this section does not do

Nothing in these Terms excludes or limits our liability for our own fraud or fraudulent misrepresentation, for our gross negligence, for our wilful misconduct, for death or personal injury caused by our negligence, or for any other liability that the law where you live does not permit to be excluded or limited. Some states and countries do not allow the exclusion or limitation of incidental or consequential damages, so parts of this section may not apply to you, and the remainder still does.

1. (a)Your indemnity. You agree to defend, indemnify and hold harmless Overlap and its operators, contributors, licensors and suppliers from and against any claim, demand, proceeding, loss, liability, damage, penalty, cost or expense (including reasonable attorneys’ fees) brought by a third party and arising out of or connected with: your use of the Services; your User Content; your breach of these Terms, including section 6; your use of another person’s schedule or free time; or your violation of any law or of any right of any person.
2. (b)What we owe you in return. We will give you prompt written notice of any claim for which we seek indemnity, although a delay in giving notice relieves you of your obligations only to the extent you are actually prejudiced by it. We will give you reasonable cooperation, at your expense.
3. (c)Control of the defence. We may assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate with that defence, and you remain responsible for the costs covered by clause (a). You may not settle any claim in a way that imposes any obligation, payment or admission on us, or that affects our rights, without our prior written consent, and no settlement you enter into binds us unless we have consented to it.

Read this section carefully. It affects how any dispute between you and us is resolved, and it requires most disputes to go to an arbitrator rather than to a judge or jury. You may opt out of it under clause (l) below.

Scope and the Federal Arbitration Act

1. (a)What this section covers. This section applies to any dispute, claim or controversy between you and us arising out of or relating to these Terms, the Services, your Account, or any relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before, during or after the termination of your Account.
2. (b)The Federal Arbitration Act governs. This section evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. § 1 et seq., governs its interpretation and enforcement, including the question whether a dispute is subject to arbitration. Section 18 governs the rest of these Terms.
3. (c)Delegation to the arbitrator. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, scope or formation of this section, including any claim that all or part of it is void or voidable. The single exception is the class-action waiver in clause (i): a court of competent jurisdiction, and not the arbitrator, decides whether that waiver is enforceable.

Informal resolution comes first

1. (d)Before either of us files an arbitration demand or a lawsuit, the complaining party must first send the other a written notice of dispute. Your notice goes to emkawley@gmail.com; ours goes to the email address on your Account. The notice must describe the dispute, identify the person bringing it (your name, handle and the email address on your Account), and state the relief sought, and it must be signed by you personally rather than only by counsel. Both of us then agree to negotiate in good faith for sixty (60) days from the date the notice is received. Most disputes end here. This informal process is a condition precedent to starting an arbitration, the sixty-day period tolls any applicable limitation period, and either of us may ask a court to enjoin a filing made without it.

Binding individual arbitration

1. (e)Rules and administrator. If the informal process does not resolve the dispute, it will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules in effect when the demand is filed, as modified by this section. The rules and the forms are at adr.org. One arbitrator decides the case, may award any individual relief a court could award to that party under applicable law, and will issue a reasoned written decision. Judgment on the award may be entered in any court of competent jurisdiction. If the AAA is unavailable or declines to administer the arbitration in accordance with this section, you and we will agree on a substitute administrator, and failing agreement a court will appoint one.
2. (f)Where it happens. At your election, the arbitration will be conducted by telephone or video conference, on written submissions alone, or in person in the county or equivalent locality where you live. We will not ask you to travel to Indiana.
3. (g)Fees. Filing, administrative and arbitrator fees are governed by the AAA Consumer Arbitration Rules and the AAA consumer fee schedule, which caps the consumer’s share of the filing fee and allocates the remainder to the business. Where those rules require you to pay a filing fee, we will reimburse it if the arbitrator does not find your claim frivolous, and we will pay any fee allocated to us. Each party otherwise bears its own attorneys’ fees and costs, unless a statute or the arbitrator’s award provides otherwise.
4. (h)Jury waiver. You and we knowingly and voluntarily waive any right to a trial by jury for any dispute covered by this section.

No class, collective or representative actions

You and we agree to bring any dispute only in an individual capacity. Neither of us may bring or participate in a class, collective, consolidated, coordinated, private attorney general or representative action, and the arbitrator may not consolidate your claim with anyone else’s or preside over any form of class or representative proceeding.

1. (i)Severability of the waiver. If a court of competent jurisdiction decides that the waiver above is unenforceable as to a particular claim or a particular request for relief, then that claim or that request, and only that one, is severed from the arbitration and must be brought in the courts identified in section 18, stayed until the arbitration of the remaining claims is complete. Every other claim stays in arbitration, and the rest of this section remains in force. Under no circumstances is a class, collective or representative proceeding to be arbitrated.

Mass and coordinated filings

1. (j)If twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against us by or with the assistance of the same law firm, group of firms, or coordinated counsel, the demands will be administered in staged batches. The AAA will group them into batches of no more than fifty (50) demands, plus a final batch of the remainder, and will appoint one arbitrator for each batch, who will decide that batch as a single consolidated proceeding. Only the filing fees for the first batch are due at the outset; fees for a later batch fall due when that batch begins. Each party may select up to two demands per batch to be heard first as bellwether cases. Any applicable limitation period is tolled for every demand in a later batch from the date that demand was submitted until the batch begins. This clause is a modification of the AAA rules, applies to both of us equally, and does not make the proceeding a class action or waive clause (i).

Exceptions

1. (k)Either of us may bring an individual claim in a small claims court with jurisdiction over it, so long as the case stays in that court and remains individual, and either of us may ask a court of competent jurisdiction for provisional, injunctive or other equitable relief to prevent or stop an actual or threatened infringement or misappropriation of intellectual property, misuse of an Account, unauthorised access to data, or a threat to someone’s safety. Seeking that relief is not a waiver of this section.

Opting out

1. (l)You may decline this arbitration agreement and the class-action waiver by sending us written notice within thirty (30) days of the date you first accepted these Terms. Opting out costs nothing, changes nothing else about your Account, and will not be held against you. If you opt out, section 18 governs any dispute instead.

Survival, and consumers in the EU and the UK

1. (m)This section survives the termination of your Account and the end of this agreement.
2. (n)If you are a consumer resident in the European Union or the United Kingdom, this section applies to you only to the extent your mandatory consumer law permits. In most cases that means you keep the right to bring proceedings in the courts of the country where you live, and nothing here deprives you of the protection of a mandatory rule of that law.

To the extent permitted by applicable law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the date the claim accrued. A claim not brought within that period is permanently barred. Where the law that applies to you does not permit the shortening of a limitation period, this section does not apply to you, and the statutory period governs instead.

These Terms and any dispute arising out of them or out of the Services are governed by the laws of the State of Indiana, without regard to its conflict-of-laws principles, except that section 16 is governed by the Federal Arbitration Act. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute that is not subject to arbitration, and for any action to compel arbitration or to enforce an award, you and we submit to the exclusive jurisdiction of the state and federal courts sitting in Indiana, and each of us waives any objection to venue there or to those courts as an inconvenient forum.

None of this deprives you of the protection of any mandatory consumer law of the country where you live, including any right you have to bring proceedings in your local courts.

We may amend these Terms. A new version is posted on this page with a new effective date, and for a change that materially affects your rights or obligations we will tell you in the app or by email before it takes effect, giving you a reasonable period to review it.

Continuing to use the Services after the new version takes effect is how you accept it. If you would rather not, delete your Account under section 12, which costs you nothing. A change to section 16 does not apply to any dispute of which we had notice on the effective date of the change, and a material change to that section opens a fresh thirty-day opt-out window on the terms of clause (l) of it.

1. (a)Notices to you. We may give you notice by email to the address on your Account, by a message inside the Services, or by posting on this site. It is your responsibility to keep that address current and able to receive mail; a notice is not ineffective because your mailbox was full, filtered it, or was one you had stopped reading.
2. (b)Notices to us. Notices to us, including any notice of dispute under section 16, must be sent to emkawley@gmail.com. Email to that address satisfies any requirement in these Terms that a notice be in writing. A postal address for formal service is available on request from the same address.
3. (c)When a notice is treated as received. A notice sent by email is deemed received twenty-four (24) hours after it is sent, unless the sender receives a message saying that the address is invalid or undeliverable. A notice posted in the Services or on this site is deemed received when it is posted.
4. (d)Communications we send. You agree to receive from us the communications the Services require in order to work, including sign-in codes, security notices, and notices about changes to these Terms. These are transactional messages rather than marketing, and you cannot opt out of them while you hold an Account.

Overlap runs on the web, on iOS and on Android. The iOS app is distributed by Apple and the Android app by Google, and each of them requires certain things to be said in the agreement you are reading. This section says them. It applies only to the app you got from that store, and where it conflicts with anything else in these Terms, it governs for that app and nothing else.

Apple

The following clauses are the terms Apple requires. They are written for Apple’s benefit as well as ours, which is why clause (j) says what it says.

1. (a)These Terms are with us, not with Apple. This agreement is concluded between you and Overlap only, and not with Apple. Apple is not a party to it. We, not Apple, are solely responsible for the iOS app and its contents.
2. (b)Scope of licence. The licence granted to you in section 5 is, for the iOS app, a non-transferable licence to use it on any Apple-branded product that you own or control, and as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that it may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
3. (c)Maintenance and support. We are solely responsible for providing any maintenance and support services for the iOS app, to the extent we say anywhere that we provide any. Apple has no obligation whatsoever to furnish any maintenance and support services for it.
4. (d)Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent they are not effectively disclaimed in section 13. If the iOS app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for it to you. Overlap is free and the purchase price is therefore zero, so that refund is zero. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the iOS app, and any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are ours and not Apple’s.
5. (e)Product claims. We, not Apple, are responsible for addressing any claim by you or any third party relating to the iOS app or your possession or use of it, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and any claim arising under consumer protection, privacy or similar legislation. These Terms do not limit our liability to you beyond what applicable law permits.
6. (f)Intellectual property claims. In the event of any third-party claim that the iOS app or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of that claim.
7. (g)Legal compliance. You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as a terrorist-supporting country, and that you are not listed on any US Government list of prohibited or restricted parties. Section 3(f) says the same thing at greater length and is not narrowed by this clause.
8. (h)How to reach us. Questions, complaints and claims about the iOS app go to Overlap at emkawley@gmail.com. Section 24 carries the same address and is the one we keep current.
9. (i)Third-party terms. You must comply with any applicable third-party terms of agreement when using the app. Your wireless carrier’s data plan is the usual one, and it is your bill rather than ours. If you use the Google Calendar import, Google’s own terms govern your Google account and your use of it.
10. (j)Apple as third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of them Apple will have the right, and is deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary of them. This clause is an express exception to section 23(g).

Google Play

The Android app is distributed through Google Play, and your use of Google Play is governed by the Google Play Terms of Service rather than by these Terms. Google is not a party to this agreement, is not responsible for the app, and owes you nothing in respect of it. As with Apple, we are the ones responsible for the app, for supporting it, and for answering a claim about it.

Neither Apple nor Google endorses Overlap, and neither has reviewed these Terms.

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including an act of God, fire, flood, earthquake, epidemic, war, civil unrest, act of terrorism, labour dispute, act of government, failure of a public utility or of the internet, failure or interruption of a hosting, database, email or model provider on which the Services depend, or a malicious attack on the Services. This section does not excuse any obligation to pay money that has fallen due.

1. (a)Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision is to be reformed to the narrowest version of itself that is enforceable and that comes closest to the parties’ original intent, or, if it cannot be reformed, struck out. The remainder of these Terms stays in full force. Clause (i) of section 16 governs instead wherever it applies.
2. (b)No waiver. A failure or delay in enforcing any provision of these Terms is not a waiver of it, and a waiver on one occasion is not a waiver on any other. A waiver is effective only if it is in writing and signed by the party granting it.
3. (c)Assignment. You may not assign or transfer these Terms or any right under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign these Terms without restriction, including to an affiliate or to a successor in connection with a merger, acquisition, reorganisation or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
4. (d)Entire agreement. These Terms, including the Privacy Policy, are the entire agreement between you and us about the Services, and they supersede every prior or contemporaneous understanding, representation or agreement on the subject, whether written or oral.
5. (e)Interpretation. Headings are for convenience only and do not affect the meaning of any provision. “Including” means “including without limitation”. These Terms are not to be construed against either party as the drafter.
6. (f)No partnership or agency. Nothing in these Terms creates a partnership, joint venture, agency, franchise, employment or fiduciary relationship between you and us, and neither of us may bind the other.
7. (g)No third-party beneficiaries. These Terms confer no right or remedy on any person who is not a party to them, with two exceptions. Our operators, contributors, licensors and suppliers may enforce sections 13, 14 and 15 as though they were parties. And Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms with the right to enforce them against you, on the terms of section 21(j), which governs over this clause wherever the two meet.
8. (h)Survival. The following sections survive the termination or expiry of this agreement for any reason: 2 (Definitions), 7 (User Content, as to the carve-outs and the Feedback assignment), 8 (Our intellectual property), 10 (Copyright and DMCA), 11 (Overlap is not your registrar), 12 (as to the effect of termination), 13 (Disclaimer of warranties), 14 (Limitation of liability), 15 (Indemnification), 16 (Dispute resolution and arbitration), 17 (Time limit for bringing a claim), 18 (Governing law and venue), 20 (Notices and electronic communications), 21 (The app stores, as to clauses (a) to (j) and their Google Play equivalent), 23 (General provisions) and 24 (Contact).

Overlap, overlapclass.com, operated by Ethan Kawley. Write to emkawley@gmail.com for questions about these Terms, legal notices, DMCA notices, a security report, or an arbitration opt-out. A person reads it. Notices to you go to the email address on your Account, on the terms of section 20.

Overlap has no published postal address yet. Where a law or an app store requires notice by post, write to the address above and we will give you one that reaches us.