Legal

Terms of Service

Effective date: The date these Terms are first published at gukkit.com/terms.

1. Agreement and definitions

These Terms of Service ("Terms") are a binding agreement between you and Granary ("Granary," "we," "us," "our"). Granary operates Gukkit. The Gukkit mobile application, the website at gukkit.com, and all related services are collectively the "Service."

By creating an account or using the Service, you agree to these Terms, our Privacy Policy, our Community Guidelines, our Copyright Policy, and our Account Deletion Terms, all of which are incorporated by reference. If you do not agree, do not use the Service. If you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.

Definitions used in these Terms and the incorporated policies:

• "Post" means a public message of up to 200 characters that a user publishes to the Service, including its comments and quotes as applicable. The Service's posts were called "murmurs" in older versions of these documents; the defined term is now "Posts," and every reference to user content in any Granary document means the content described here regardless of the label used in the app's internal systems.
• "User Content" means everything a user posts, submits, creates, or transmits through the Service: Posts, comments, quotes, direct messages, room names, room topics, room messages, venue names and topics, pinned welcome lines, Huddle answers, naming ceremony proposals and votes, reports, media attachments, and any other material a user provides.
• "Room" means a user-created chat space in the part of the Service called the Warren. Rooms are called "burrows" in the app. The "Main Burrow" is the permanent room operated as part of the Service.
• "Venue" means a permanent Room granted to a named user under Section 6.
• "Huddle" means the nightly prompt event hosted in the Main Burrow.
• "Ceremony Name" means a name granted to an account through the naming ceremony described in Section 6.
• "Stars" and "Super Stars" mean the in-Service appreciation signals described in Section 7, including Super Stars passed between users as gifts.

2. Eligibility

You must be at least 13 years old to use the Service. By using the Service, you represent that you are 13 or older. If we learn that an account belongs to someone under 13, we will terminate the account and delete its data. The Service is a general-audience service. We do not offer a children's mode and do not obtain parental consent, because children under 13 are not permitted.

If you use the Service on behalf of an organization, you represent that you have authority to bind it, and the organization is bound by these Terms.

3. The Service

Gukkit is a social application with no default feed. You view Posts through lenses, which are different orderings and selections of content. Accounts begin anonymous and may earn a Ceremony Name. Users may create Rooms, participate in the nightly Huddle, and, if named, host a Venue.

The Service is provided for personal, non-commercial use. We may modify, suspend, restrict, or discontinue any part of the Service, any feature, and any content at any time, in our sole discretion, with or without notice, and we will not be liable for doing so. Features described in these Terms may not be available to every user or at every time.

4. Accounts and identity

Anonymous numbers. When you create an account, we assign you a random, permanent, non-sequential anonymous number (for example, anon-4821). You cannot choose or change your number.

Device-bound identity and your recovery phrase. Your account is tied to your device and to a 12-word recovery phrase that the app generates for you. The recovery phrase is the only way to restore your account on a new device. It is generated on your device; Granary does not know your phrase, cannot look it up, cannot reset it, and cannot issue you a new one if you lose it.

You are solely responsible for safeguarding your device and your recovery phrase. Anyone who holds your phrase can take over your account, and we are entitled to treat the holder of the phrase as you.

Loss of the account. If you lose your device, uninstall the app, or lose your recovery phrase, and you have not saved your phrase somewhere safe, your account is permanently lost. We have no duty and no ability to restore, rebind, merge, or reissue a lost account, and we are not liable for the loss of the account or of anything attached to it, including Posts, Stars, a Ceremony Name, a Venue, or any progress toward them.

No email or password. Account creation does not require your name, email address, or phone number, and there is no email-based reset.

One person, honest use. You may not operate multiple accounts to evade enforcement, manipulate ceremonies, Stars, or gift chains, or harass others. Accounts are personal and non-transferable. You may not sell, give away, or share your account or your recovery phrase.

You are responsible for all activity under your account, whether or not you authorized it.

5. Your content, your responsibility, and the license you grant us

You retain ownership of your User Content. You are solely responsible for your User Content and for your conduct on the Service, including the content of any Room or Venue you create or host.

By providing User Content, you grant Granary a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, distribute, display, perform, adapt, and create derivative works from your User Content, solely as needed to operate, promote, and improve the Service. This includes displaying Posts in lenses, comments and quote features, Rooms and Venues, the Huddle and its Keeper selection, The Sunday Post digest, ceremony surfaces, and Granary's own promotional materials. To the extent permitted by law, you waive moral rights in your User Content in connection with these uses.

This license ends when you delete the content or your account, except that copies may persist for up to 30 days in backups and caches maintained for operating the Service, and except for content that has been quoted, shared, or incorporated into other users' content, which may persist as part of that content.

You represent and warrant that you own your User Content or have all rights needed to grant this license, and that your User Content does not violate these Terms, the Community Guidelines, or any law, and does not infringe or violate anyone's rights. If any of that is untrue, the responsibility and the consequences are yours, not ours, and Section 15 applies.

If you give us suggestions or feedback about the Service, we may use them without restriction or compensation.

6. Ceremony Names and Venues

Naming ceremonies. When an anonymous account accumulates 50 distinct starrers, it becomes eligible for a naming ceremony: a 24-hour community process in which eligible participants propose and vote on a name, under the rules published in the app.

• The subject of a ceremony cannot propose or vote in their own ceremony.
• The subject holds an absolute, silent, penalty-free veto over any proposal and may decline naming entirely. Declining resets ceremony progress, by the subject's choice.
• Names are capped at 20 Unicode code points and pass through a profanity filter.
• Cruel, harassing, or hateful proposals are prohibited and may be removed; accounts that submit them face enforcement under the Community Guidelines.

A completed naming grants the account its Ceremony Name and a "Named by the community" mark. A Ceremony Name is a feature of the Service, not property. It lasts only while the account remains active and in good standing. We may revoke, reset, or replace a Ceremony Name that violates these Terms or the Community Guidelines, that was obtained through manipulation, or that infringes another's rights.

Venues. A named user may be granted one Venue: a permanent Room associated with that user's Ceremony Name. A Venue's host is a user, not Granary. Hosting a Venue creates no agency, partnership, joint venture, employment, or franchise relationship between the host and Granary, and a host has no authority to speak for or bind Granary.

The host is solely responsible for the Venue's name, topic, pinned content, and the host's own conduct as host. Granary may enter, view, moderate, rename, restrict, suspend, or close any Room or Venue, including the Main Burrow's schedule and format, at any time in our sole discretion, with or without notice, and we owe no user continuity of any Room or Venue. A Venue ends when the host's account ends, for any reason.

7. Stars, Super Stars, and gifts

Stars and Super Stars are appreciation signals inside the Service. They have no monetary value, are not currency, are not property, may not be bought, sold, traded, or transferred outside the mechanics the Service provides, and create no entitlement to anything.

The Service may let a user who receives a Super Star pass a gift Super Star to another user within a stated time window (Pass It On). Gift mechanics, windows, and chain counting are features we may change or end at any time. Expired gifts simply lapse and create no claim.

We may adjust, deduct, or revoke Stars, Super Stars, counts, ceremony progress, or gift chains that we determine resulted from manipulation, automation, collusion, error, or violation of these Terms, and we are the sole judge of the counts the Service displays.

8. Rooms and the Huddle

Rooms are user content spaces. A Room's name, topic, and messages are User Content, and the users who create and post in them are solely responsible for them. Creating or joining a Room does not make Granary a participant in, speaker of, or publisher of the Room's content.

Presence indicators in Rooms (counts and "here now" markers) are approximate operational signals, not records, and we make no representation about who is or was present in any Room at any time.

The Huddle is a nightly prompt event in the Main Burrow. Prompts are provided by Granary or selected by Granary from suggestions. Answers are User Content. Each night, one answer may be selected and pinned as the Keeper. Keeper selection is an editorial judgment made in our sole discretion; it is not a contest, carries no prize, and creates no entitlement.

9. Acceptable use

You agree not to:

• Post or transmit anything illegal, or that violates our Community Guidelines.
• Harass, threaten, defame, or dox anyone; post hateful content; post sexual content involving minors (zero tolerance; see our Child Safety Standards).
• Post content you do not have the right to post, including content that infringes copyrights, trademarks, or other rights.
• Spam, scam, or phish; distribute malware; post deceptive links.
• Attempt to breach the Service's security, scrape at abusive scale, reverse engineer except as permitted by law, or interfere with others' use of the Service.
• Manipulate ceremonies, Stars, Super Stars, or gift chains: buying or selling Stars, votes, names, or gifts; operating sockpuppets; offering anything of value for a name, a vote, or a pass.
• Circumvent enforcement: creating new accounts or Rooms to evade a suspension, block, mute, or closure.
• Misrepresent your identity, impersonate others, or attempt to unmask another user's real-world identity.
• Use the Service to organize, promote, or facilitate wrongdoing, including wrongdoing planned in Rooms, Venues, or direct messages.

10. Moderation and enforcement

User content is the speech and responsibility of the users who create it, not of Granary. We provide the Service as a platform for user expression. Nothing in these Terms makes us the speaker or publisher of User Content, and exercising or not exercising any moderation judgment does not change that.

Moderation is our right, never our duty. We may, in our sole discretion and at any time, with or without notice: remove, restrict, demote, or leave up any content; warn, restrict, suspend, or terminate any account; close or restrict any Room or Venue; and adjust Stars, counts, and ceremony progress. We may act for a violation of these Terms or the Community Guidelines, or for any other reason we judge sufficient, or for no stated reason.

We do not promise to monitor the Service, to review any report, to act on any report, to respond to any user, or to meet any timeline. Any report, appeal, or contact channel we provide is a courtesy, creates no duty, and its outcome is final. We are not liable for removing content, for not removing content, or for any enforcement decision or non-decision.

Nothing in this section limits duties imposed on us by law that cannot be waived, including federal reporting duties that arise when we obtain actual knowledge of apparent child sexual abuse material, and our obligations under the Digital Millennium Copyright Act as described in our Copyright Policy.

11. Copyright

We respect intellectual property rights and comply with the Digital Millennium Copyright Act (17 U.S.C. 512). Our Copyright Policy explains how to report claimed infringement, how counter-notices work, and our repeat-infringer policy: accounts that repeatedly post infringing material will be terminated. Do not file false notices; misrepresentation carries liability under 17 U.S.C. 512(f).

12. Direct messages

Direct messages are stored on our servers so they can be delivered and so you can read your history. Direct messages are not end-to-end encrypted. Do not treat them as private from Granary in the way an encrypted service would be: we may access direct messages in connection with a report, a safety investigation, enforcement of these Terms, or legal process, and we will disclose them when the law requires.

Strangers' messages arrive in Message Requests unless you enable Open DMs, and Lockdown mode overrides Open DMs. Blocking another user severs direct messages along with every other contact path.

13. Other users, and your assumption of risk

The Service connects you with strangers who are anonymous by design. Granary does not screen, background-check, verify, supervise, or endorse any user, and makes no representation about any user's identity, age beyond the representation each user makes to us, or conduct.

You assume all risk of interacting with other users, on and off the Service, including any decision to meet another user in person. Disputes between you and any other user are between you and that user alone. You release Granary from any claim arising out of another user's content or conduct, to the fullest extent permitted by law, except claims that arise from Granary's own conduct.

14. Termination

You may stop using the Service and delete your account at any time, as described in our Account Deletion Terms. We may suspend, restrict, or terminate your access, in whole or in part, at any time, with or without notice, with or without cause, in our sole discretion. On termination for any reason, your right to use the Service ends immediately, your Ceremony Name, Venue, Stars, and progress are extinguished, and Sections 5 (for content already licensed during the backup tail), 10, 12, 13, 15, 16, 17, and 18 survive.

15. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT ANY CONTENT WILL BE ACCURATE, COMPLETE, OR RELIABLE, OR THAT ANY ROOM, VENUE, OR FEATURE WILL REMAIN AVAILABLE. USER CONTENT IS THE SOLE RESPONSIBILITY OF THE USER WHO CREATED IT. YOU USE THE SERVICE, AND RELY ON ANY CONTENT IN IT, AT YOUR OWN RISK.

16. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, GRANARY AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, CONTENT, GOODWILL, STARS, NAMES, ACCOUNTS, OR RECOVERY PHRASES, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES CLAIMS ARISING FROM USER CONTENT, OTHER USERS' CONDUCT, MODERATION OR NON-MODERATION, SERVICE INTERRUPTION, AND LOSS OF ACCESS TO AN ACCOUNT FOR ANY REASON.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The limitations in this section apply to every theory of liability, apply even if a remedy fails of its essential purpose, and do not limit liability that cannot be limited under applicable law, nor your indemnification obligations under Section 17, nor liability for infringement of intellectual property rights. Some jurisdictions do not allow certain exclusions, so some parts of this section apply only to the extent permitted by law.

17. Indemnification

You agree to indemnify, defend, and hold harmless Granary and its owners, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to: your User Content; your use of the Service; any Room or Venue you create or host and the content posted in it in reliance on your hosting; your conduct toward any other user, on or off the Service, where it arises from your use of the Service; or your violation of these Terms or of any law or third-party right.

We may control the defense of any claim subject to this section; you will cooperate fully. You may not settle any such claim in a way that imposes obligations on Granary without our written consent.

18. Dispute resolution

Informal resolution first. Before filing any claim, you agree to contact us at granary.usa@gmail.com, describe the dispute in reasonable detail including your anonymous account number, and try in good faith to resolve it informally for 30 days. Most disputes can be resolved this way.

Binding individual arbitration. If informal resolution fails, you and Granary agree that any dispute, claim, or controversy arising from or relating to these Terms or the Service will be resolved exclusively by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, to the fullest extent permitted by law. The arbitrator, not any court, decides questions of arbitrability, subject to applicable law. The seat of arbitration is Clark County, Nevada; hearings may be held by telephone, video, or on written submissions as those rules provide. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. Each party bears its own attorneys' fees unless the arbitrator orders otherwise; arbitration filing and administrative fees are allocated under the AAA Consumer Arbitration Rules.

Opt-out. You may opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing granary.usa@gmail.com from any address with the subject "Arbitration Opt-Out" and your anonymous account number. Opting out does not affect any other part of these Terms, and disputes with users who opted out proceed in court under Sections 18 and 19.

Class, collective, representative, and jury waiver. To the fullest extent permitted by law, you and Granary waive the right to bring, join, or participate in any class, collective, consolidated, mass, or representative action, and waive the right to a jury trial. Disputes proceed only on an individual basis. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding.

Mass filings. If 25 or more substantially similar claims are filed against Granary by or with the assistance of the same counsel or coordinated counsel, the claims will be administered in batches of 10 bellwether arbitrations selected under the AAA rules; all other such claims are stayed until their batch is reached, and the parties will attempt mediation in good faith after the first batch concludes. This paragraph governs over any administrator rule to the extent permitted.

Time limit. Any claim must be filed within one (1) year after the events giving rise to it; otherwise it is permanently barred, to the extent permitted by law.

Small claims and injunctive relief. Either party may bring an individual claim in small-claims court instead of arbitration, and either party may seek emergency or provisional injunctive relief from a court without waiving arbitration. Nothing in this section limits the rights of any government agency, limits rights that cannot be waived under applicable law, or requires arbitration of a claim that applicable law prohibits from being arbitrated.

Severability of this section. If any part of this section is found unenforceable, the remainder stays in force and the unenforceable part will be reformed to the minimum extent necessary. If the class-action waiver is found unenforceable for a particular claim, that claim alone may proceed in court in Clark County, Nevada, while all other claims remain in arbitration. If this entire section is found unenforceable, disputes will be resolved in the courts described in Section 19 and the jury waiver still applies to the extent permitted by law.

19. Governing law and venue

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles. Subject to Section 18, disputes will be brought exclusively in the state or federal courts located in Clark County, Nevada, and you consent to personal jurisdiction there.

20. General

• Changes to these Terms. We may update these Terms and the incorporated policies. For material changes, we will give at least 30 days' advance notice in the app or by other reasonable means, and changes will take effect on the stated date. Changes required earlier by law, safety, or security take effect immediately on posting. Continued use after changes take effect constitutes acceptance. If you do not agree, stop using the Service and delete your account.
• Severability. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest remains in force.
• Entire agreement. These Terms, plus the incorporated policies, are the entire agreement between you and Granary about the Service, and supersede prior agreements about it.
• Assignment. You may not assign these Terms or your account. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets, with notice to you where practicable.
• No waiver. Our failure to enforce a provision is not a waiver of it or of any other provision.
• Notices. We may notify you in the app, at gukkit.com, or through the contact information associated with your account. You may notify us at granary.usa@gmail.com.
• No third-party beneficiaries. These Terms benefit only you and Granary, except that Section 17 also benefits the persons it names.
• EU users. If you use the Service in the European Union, nothing in these Terms removes rights that EU law gives you and that cannot be waived. Granary's point of contact for Digital Services Act matters is granary.usa@gmail.com.

21. Contact

Questions about these Terms: granary.usa@gmail.com. Business address: 6881 W Charleston Blvd, Ste A, Las Vegas, NV 89117.