The Family App

Terms of Service

1. Acceptance of Terms

This Terms of Service ("TOS") document is an agreement which you must accept in order to use the Stretch Service (“Stretch,” the “Stretch Service,” the “Service,” or the “Site,” as described below). It is applicable to (a) Leaders ("Family Leader", "Administrators", "Leader", "Account Administrator") – those who manage and administer a Family Account, to b) Members ("Family Members", "Family Users") – users who are invited to join an existing Stretch Family that has already been created by a Leader, and to c) Caregivers  – users who are invited to join an existing Stretch Family that can perform certain actions for the Family. The terms “You” and “users” encompass all users, including Leaders, Members and Caregivers. This document describes both your rights and your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these terms. Stretch Technologies LLC ("Stretch Technologies", "the Company", “we” “us”) only provides its Stretch Service (as defined below) to you subject to this TOS. By using Stretch, you are agreeing to be bound by this TOS - including the Privacy Policy, which is referenced here as well.

Stretch encapsulates a number of areas within our daily life and may find the need to revise these terms of use when necessary by updating this posting. Stretch Technologies reserves the right to update and change this TOS without notice.  Your use after such change signifies your acceptance of the changed terms. We will notify you by email of any changes.  If any change to this TOS is not acceptable to you, your only remedy is to cancel your account and stop using Stretch.

When registering to use the Service, you will identify an administrative user name (in the form of an email address) and password for your user account.  You are responsible for maintaining the security of your account and password. Stretch Technologies cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.   If you are a Leader, you may use your credentials to invite individuals to become Members (each with their own password) under your Family. You are responsible for all activities that occur under your login or account, including the activities of Members within your Family Account.

All Users should be aware that your Family’s Leaders may have certain rights to access your account and may obtain related information in connection with the Services. The Leader also sets your family's policies regarding your use of various aspects of the Services. Please ask your Family Leader if you have questions regarding your particular account such as your account settings.

Stretch may choose to choose a select number of cool sponsors that reflect our tone and we feel may meet the needs and lifestyles of our users.

2. Description of Service

The “Service(s)” include (a) Stretch Studio’s Stretch real-time communication, messaging, archiving and search services and related systems and technologies, as well as the website http://www.getstretch.co, and our related mobile applications, and (b) all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to this TOS. Stretch Technologies reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to Stretch Technologies.

3. Access and Use of the Service

You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by Stretch Technologies in its sole discretion). See Section 6 for specific provisions outlining prohibited uses of the Service. Family Leaders shall be responsible for all actions by Members in their Family Account. You shall comply with any codes of conduct, policies, storage limitations, or other notices Stretch Technologies provides you or publishes in connection with the Service from time to time, and you shall promptly notify Stretch Technologies if you learn of a security breach related to the Service.

Any software that may be made available by Stretch Technologies in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, Stretch Technologies only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service and in accordance with our policies. Any rights not expressly granted herein are reserved.

4. Account and Privacy

We at Stretch Technologies want to keep children as safe as possible and therefore adhere to COPPA restrictions. You may create a Family Stretch account if you are 13 or older. You may not serve as a Family Leader or Account Admin if under the age of 13. If you are a parent or guardian of children under 13, however, you may choose to allow your child or children to have access if they are under 13. By allowing your children under 13 to have accounts and use those accounts you are providing your consent under COPPA guidelines to capture personal information about your children under 13 and you are permitting them to capture personal information about themselves. If you are a convicted sex offender you cannot signup for or use Stretch in any capacity.

You may not misrepresent the registration information provided for your account. By providing your email address you agree to receive all required notices electronically at that address. You agree to update your contact and other registration information if it changes. You are responsible for maintaining the confidentiality of your password and account, and for all activities that occur under your account. We reserve the right to terminate your account for violation of these terms of use or for any other reason at any time. You agree to indemnify, defend and hold Stretch harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these terms of use or from your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you.

The Privacy Policy for Stretch can be found at http://www.getstretch.co/privacy/.

5. Content

Our Services allow you to submit content.  "Content" includes messages you send, files you upload, comments on files, profile information and anything else you enter or upload into Stretch (which may include data you elect to import for third party services you use). You retain ownership of any intellectual property rights that you hold in that Content. In short, what belongs to you stays yours.   Stretch Technologies will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data meet a high standard for security.

You can control how your Content is used and shared through your privacy and service settings. Subject to your privacy and service settings, you grant us as well as our designees the right in our discretion to use the name that you submit in connection with such Content. You represent and warrant that you own or otherwise control all of the rights to the Content; that all "moral rights" in uploaded materials have been waived; that the Content is accurate; that use of the Content you supply does not violate these terms of use and will not cause injury to or violate the rights of any person or entity. You hereby agree to INDEMNIFY us for all claims relating to Content that you supply. You hereby RELEASE Stretch Technologies from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Content in accordance with these terms of use. The license granted in this section ends when you delete your Content or your account. We reserve the right to remove or block any Content that violates these terms of use or our policies.

In order for us to provide the Service to you, we require that you grant us certain rights with respect to your Content. For example, we need to be able to transmit, store and copy your Content in order to display it to you and your Family Members (and whomever else was specified to share it with), to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this TOS gives us the permission to do so and grants us any such rights necessary to provide the service to you, only for the purpose of providing the service (and for no other purpose). This permission includes allowing us to use third-party service providers (such as Amazon Web Services) in the operation and administration of the service and the rights granted to us are extended to these third parties to the degree necessary in order for the service to be provided. These rights and permissions are not permanent: they terminate whenever you remove all or part of your Content from The Service. We claim no ownership over your Content.

You are solely responsible for your, your Family Leaders’ and your Family Members’ conduct, the Content, and all communications with others while using the Services. We may choose to review public content for compliance with our policies and guidelines, but you acknowledge that Stretch Technologies has no obligation to monitor any information on the Services. We are not responsible for the accuracy, appropriateness, or legality of your Content or any other information you and your end users may be able to access using the Services. The Services provide features that allow you and your end users to share your Content and other materials with others. Please consider carefully what you allow to be shared.

6. Interactive Areas And Code Of Acceptable Conduct

Stretch Technologies does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by users and third parties via the Service, including any such information provided in status updates, profiles, chat rooms, bulletin boards or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content.

We do our best to keep Stretch safe, but we need your help to do so. We ask you do your part to keep Stretch secure, which includes the following commitments by you. When participating in interactive portions of the Service, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

  1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, discriminatory, abusive, illegal or otherwise improper content.
  2. You will not harass, bully or intimidate any user.
  3. You will not upload viruses or harmful components.
  4. You will not use the website in violation of any law or to further any illegal purpose or to violate the rights of any party.
  5. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.
  6. You may not extract personal information regarding other users or disclose or use it without their explicit permission, including using such information for improper purposes, commercial purposes or in violation of law.
  7. You will not spam or send unsolicited messages to any person or entity using the Service or any associated messaging services, and you agree to immediately cease any messaging with regard to recipients who have requested not to receive further messages.

Stretch Technologies will assist law-enforcement officials investigating illegal activity or violations of these terms of use.

7. Feedback

Stretch Technologies is pleased to hear from its users. It’s how we can continue to make Stretch great.  If you or your Family Member submit comments and feedback, you agree that Stretch Technologies will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to us ("Disclosures"), including via e-mails to Stretch or postings on interactive portions of the Service. Any such Disclosure is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret. You hereby RELEASE Stretch Technologies from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading or otherwise providing any Disclosure to the Service or Stretch Technologies, you hereby grant Stretch Technologies, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Disclosures, and you warrant that all "moral rights" in Disclosures have been waived.

8. Payment

To the extent any portion of the Service is made available for a fee, you will be required to select a payment plan and provide Stretch Technologies accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay Stretch Technologies the amount that is specified in the applicable payment plan in accordance with the terms set forth in the Service and this TOS, and you authorize Stretch Technologies or another 3rd Party Service (such as Stripe) to bill your payment instrument in advance on a periodic basis in accordance with such terms. If you dispute any charges you must let Stretch Technologies know within sixty (60) days after the date that Stretch Technologies invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. Stretch Technologies may choose to bill through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on Stretch Technologies’ net income.

9. No Representations and Warranties

Stretch Technologies makes no representations or warranties that the Service is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Stretch Technologies' computer systems. The content of the Service may contain technical inaccuracies, outdated information and typographical errors. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SERVICE AND YOU AGREE TO HOLD STRETCH TECHNOLOGIES HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THE SERVICE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THE SERVICE.

EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS." STRETCH TECHNOLOGIES DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THE SERVICE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Termination

As a Family Leader, you have the right to terminate your Family Account at any time by going to the Family Account Settings and deleting.  We also reserve the right to terminate your Family and/or User Account (or the access privileges of any Family Leader or Family Member) and this TOS at any time for any reason, or no reason, with or without notice. Upon termination of your account, we will have no obligation to maintain or provide Your Data, and will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited. However, all accrued rights to payment and the terms of Section 8 shall survive termination of this TOS.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL STRETCH TECHNOLOGIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THE SERVICE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STRETCH TECHNOLOGIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF (1) $100 OR (2) THE AMOUNT PAID BY YOU, IF ANY, IN PURCHASING PRODUCTS OR SERVICES THROUGH THE SERVICE IN THE PAST 12 MONTHS. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

12. Dispute Resolution/Arbitration

Stretch Technologies controls and manages the Service from its facilities in the state of Texas. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published via the Service may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced through the Service are legal, available or appropriate in your country or region.

These terms of use shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law.

Any dispute or claim relating in any way to these terms of use, the Service, or any products or services sold or distributed by or through the Service, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. You and Stretch Technologies irrevocably consent to the exclusive jurisdiction of the courts located in Austin, TX in connection with any such litigation. You and Stretch Technologies waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action. YOU ACKNOWLEDGE THAT UNDER THESE TERMS OF USE YOU ARE CONSENTING TO ARBITRATION AND WAIVING ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS.

13. Statute Of Limitations

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the TOS must be filed with Stretch Technologies within one (1) year after such Claim or cause of action arose or be forever barred. For Claims pursuant to the exceptions identified in Section 10.4, these Claims must be filed with the appropriate court within three (3) years after such claim or cause of action arose or be forever barred.

14. Trademarks and Copyrights

Nothing in the Service shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Stretch Technologies or any third party, whether by estoppel, implication, or otherwise. All brands and names are the property of their respective owners.

Except as otherwise noted, Stretch is the owner of all trademarks and service marks for the Service, whether registered or not. All registered trademarks are registered in the United States of America (and other applicable jurisdictions). The following is a partial list of the trademarks of Stretch :

  • STRETCH™
  • STRETCH THE FAMILY APP™

Unless otherwise indicated, all material on this site © Copyright 2013-2016 Stretch Technologies LLC All rights reserved.

15. Notice And Procedure For Making Claims Of Copyright Or Intellectual Property Infringement

We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Stretch Technologies' Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Stretch Technologies' Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Copyright Agent
c/o Stretch Technologies
115 E 5th Street, Suite 200
Austin, TX  78701

By phone: +1-512-739-2291

By email: legal@getstretch.co

16. Indemnification

You agree to indemnify, defend and hold Stretch Technologies harmless from and against any and all liabilities and costs (including reasonable attorney’s fees) incurred by us or our affiliates, employees, or representatives arising out of your breach of these terms of use or from your account. You agree not to settle any such claim or incur any liability or admission of guilt on our behalf without our consent. We reserve the right to assume the defense and control of any matter subject to indemnification by you.

17. Enforceability

If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.

18. Integration, Modification, and Authority

Both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind Stretch Technologies in any respect whatsoever.

19. Contents And Hyperlinks

The Service contains hyperlinks to third party websites, which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. Stretch Technologies has no control over the content or policies of such third party websites or services, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites or services accessed through the Service. Those who choose to access information from the Service (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

20. Notices

Except as otherwise set forth herein, all notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

21. Waiver and Severability of Terms

The failure of Stretch Technologies to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.

22. No Right of Survivorship and Non-Transferability

You agree that your Stretch User Account is non-transferable and your rights to the content within your Stretch User Account terminate upon your death, however the content may be available and accessible by other Family Leaders and Members in your Family Account that it was shared with.

Families & Stretch

For Families
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The calendar alone makes Stretch the most important thing on my phone. For the first time ever, I always know who's picking who up, and who's going where, when. Stretch has turned our family chaos into a smooth-running machine.

– Nancy Haas of The Roe-Haas Family 3

I love software and have been searching for something like Stretch for a long time. I think every family really is wanting the product they’ve made.

– Remington Robertson