Terms of Use

Equator End User License Agreement (EULA)

Last updated: November 9, 2026

Agreement to Terms

Welcome to Equator. These Terms of Use (“Terms”) govern your access to and use of the Equator website (equator.app, equator.zone, eqtr.io), mobile applications, and related services (collectively, the “Service”), which are operated by Talk Don’t Shout, Inc., a Delaware corporation (“Equator,” “Equator.app,” “Equator.zone,” “eqtr.io,” “TalkDontShout.com,” “we,” “us,” or “our”).

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not access or use the Service.

1. Eligibility, Verification & Age Requirement

  • Age. You must be at least 16 years of age to use Equator. By using the Service, you represent and warrant that you are at least 16 years old. If we learn that we have collected personal information from anyone under 16 without appropriate legal authorization, we will terminate the account and delete that information.
  • Identity Verification. Equator is committed to maintaining an authentic, 100% human platform free of bots, automated personas, and coordinated bad-faith manipulation. To access certain features—including hosting rooms, claiming custom vanity URLs, publishing video opinions in verified rooms, or participating in revenue-sharing programs—we may require you to verify your identity. Identity verification is conducted exclusively through verified email authentication (such as one-time verification challenge codes) or established third-party identity providers (e.g., Sign in with Apple, Google Sign-In, or Facebook Login). We do not collect or scan government-issued photo IDs or capture biometric liveness scans. You agree to provide accurate and truthful account credentials. Providing fraudulent, altered, synthetic, or third-party credentials will result in immediate and permanent account termination.
  • Authority. If you are accessing or using the Service on behalf of a company, publisher, entity, or other organization, you represent and warrant that you have full legal authority to bind that organization to these Terms, in which case the terms “you” and “your” refer to that organization.
  • Accuracy. You agree to provide accurate, current, and complete information when registering an account, claiming a room, or subscribing to paid services, and to keep such information updated.
  • Security. You are responsible for safeguarding your login credentials and for all activities that occur under your account. You must notify us immediately at contact@equator.app of any unauthorized use or security breach.

2. User Accounts

To access most features of the Service, you must register for an account.

  • Right to Delete. You may close your account and request deletion of your personal data at any time. You can initiate deletion inside the mobile application via Profile/Settings → Delete Account, or externally via our Account Deletion Page. Deletion is subject to the data survival provisions in Section 5.6 and our Privacy Policy.
  • Suspension and Termination by Us. We may suspend or terminate your account, restrict your publishing access, disable your hosted rooms, or reclaim custom URLs at any time, with or without notice, if you violate these Terms, our Content Standards, or if we determine, in our sole discretion, that your conduct is harmful to other users, third parties, or the platform integrity of Equator.

3. License to Use the Service

Subject to your compliance with these Terms, Equator grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.

Except as expressly authorized under Section 4 (Partners, Creators & Commercial Accounts) or pursuant to an executed enterprise agreement, the Service is licensed solely for your personal, non-commercial use. All rights not expressly granted are reserved by Equator.

You may not:

  1. Copy, modify, distribute, sell, lease, reverse-engineer, decompile, or attempt to derive the source code of any part of the Service;
  2. Scrape, crawl, harvest, or extract data, video, or user profiles from the Service through automated tools or scripts;
  3. Extract, reverse-engineer, or deconstruct our proprietary artificial intelligence pipelines, system prompts, civility heuristics, moderation classifiers, or algorithmic evaluation models; or
  4. Use the Service, its underlying algorithms, or any derived outputs to train, fine-tune, benchmark, or validate a competing machine-learning model, software application, or commercial product, except as expressly permitted by mandatory applicable law.

4. Partners, Creators, Paid Services & Monetization

4.1. Partner & Creator Commercial Use

Publishers, podcasters, bloggers, newsletter writers, brands, and individual creators (collectively, “Partners” or “Creators”) who register for a designated creator tier or room subscription may use the Service for commercial audience engagement. Authorized Partners may embed discussions on their owned-and-operated digital channels (e.g., websites, blogs, native mobile apps), distribute Equator-generated trailers across third-party social media platforms, and display custom branding in accordance with these Terms and their active subscription plan.

4.2. Paid Subscriptions and Services

  • Fees and Billing. Certain tiers of the Service, including hosting custom-branded rooms, reserving dedicated addresses (e.g., equator.app/your-name), accessing aggregate analytics, and priority video processing, are offered on a paid subscription basis (“Paid Services”). By selecting a Paid Service, you agree to pay all applicable recurring subscription fees, one-time charges, and taxes through our designated third-party payment processor (such as Stripe).
  • Automatic Renewal. Paid subscriptions automatically renew at the end of each billing cycle (monthly, annually, or as otherwise selected) unless canceled prior to the renewal date via your account billing settings. You authorize us (and our payment processors) to charge the current renewal fee to the payment method on file.
  • No Refunds. Except where explicitly required by applicable law, all fees paid for subscriptions, room claims, and digital products are non-refundable, and no credits or prorated refunds will be issued for partially used subscription periods.
  • Cancellation and Downgrades. If you cancel your subscription or if your account lapses due to non-payment, Equator reserves the right to: (i) revert your room to standard non-commercial community settings; (ii) remove custom branding, avatars, and logos; (iii) reclaim or reassign custom vanity URLs; and (iv) transition past room discussions to read-only archive status.

4.3. Co-Branding, Avatars, and Trademarks

  • License to Equator. If you upload, link, or provide brand names, trademarks, logos, custom avatars, mastheads, or trade dress (“Partner Marks”) to co-brand your room, trailers, or discussion cards, you grant Equator a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, display, reproduce, adapt, and distribute the Partner Marks in connection with: (i) operating and displaying your rooms and embeds; (ii) generating highlight reels, compilations, and social media trailers featuring your room’s discussions; and (iii) marketing and promoting the Service (e.g., identifying you as a verified host or publishing case studies).
  • Representations on Marks. You represent and warrant that you own or possess all requisite rights, licenses, and permissions to upload and license the Partner Marks, and that our display of the Partner Marks will not infringe, misappropriate, or violate any third-party intellectual property, trademark, publicity, or privacy rights.
  • License to Partner. Subject to active subscription status, Equator grants you a limited, non-exclusive, non-transferable, revocable license to display the “Equator” name, logo, badges, and room links solely to identify your room and promote participation in discussions hosted on the Service. You agree not to alter our marks or display them in any manner implying endorsement, agency, or employment without prior written agreement.

4.4. Advertising and Revenue Sharing

  • Platform Monetization. Equator reserves the exclusive right to display advertisements, sponsorships, commercial integrations, pre-roll/post-roll segments, and branded overlays across the Service, including inside Creator rooms, on embedded players, and within generated discussion trailers.
  • Revenue-Sharing Programs. Equator may, in its sole discretion, invite eligible Partners or Creators to participate in advertising revenue-sharing programs (“Rev-Share”). Participation in any Rev-Share program is subject to: (i) meeting and maintaining platform eligibility criteria; (ii) agreeing to program-specific monetization terms; (iii) satisfying all identity verification prerequisites; and (iv) submitting verified tax forms (e.g., IRS Form W-9 or Form W-8BEN) and valid banking/payout details via our designated payout partners (e.g., Stripe Connect).
  • Payout Conditions & Withholding. Accrued revenue shares will be disbursed in accordance with Equator’s payment schedule, subject to minimum payout thresholds and applicable processing fees. Equator reserves the absolute right to withhold, offset, forfeit, or claw back payouts in cases where: (i) traffic, views, or engagement are determined to stem from bots, automated scripts, click farms, or fraudulent methods; (ii) the room violates our Content Standards; (iii) the host misrepresents ownership or identity; or (iv) the account is suspended or terminated for cause.

4.5. Data Processing Addendum (DPA)

To the extent that Equator processes personal data subject to the General Data Protection Regulation (GDPR), UK GDPR, or United States state privacy statutes on behalf of a Partner, Creator, publisher, or educational institution acting as a commercial data controller, the parties agree that Equator’s standard Data Processing Addendum (available upon request at privacy@equator.app or via equator.app/dpa) shall govern such processing and is incorporated herein by reference.

5. User-Generated Content (UGC)

As a short-form video roundtable platform, Equator enables you to record, upload, submit, and display videos, audio recordings, comments, text questions, profile information, and other media (collectively, “User Content”).

5.1. Ownership

You retain all copyright and proprietary ownership rights in your User Content.

5.2. License to Equator

By submitting User Content to the Service, you grant Equator a non-exclusive, worldwide, royalty-free, fully paid-up, perpetual, irrevocable (subject only to Section 5.6), transferable, and sublicensable (through multiple tiers) license to host, store, cache, use, copy, reproduce, modify, adapt, reformat, prepare derivative works of, translate, publish, publicly perform, publicly display, transmit, stream, broadcast, embed, and distribute your User Content, in whole or in part, in any media, distribution channel, or format now known or later developed, for the purposes of operating, delivering, improving, marketing, and promoting the Service and the discussions in which your content appears, including without limitation to:

  1. Display your User Content across the Service and embed discussion roundtables on third-party websites, mobile apps, and syndication channels;
  2. Process your User Content for automated transcription, captioning, translation, sentiment and civility analysis, speaker-attribute estimation, recommendation systems, semantic search, and moderation;
  3. Excerpt, edit, and combine your User Content with other users’ contributions into compilations, highlight reels, teaser clips, and trailers, which Equator may regenerate, update, or re-render as a discussion expands;
  4. Distribute and display your User Content and derived trailers in discussions hosted, sponsored, or co-branded by Partners and Creators—including on their owned digital publications, apps, newsletters, and social channels—with the Partner’s branding displayed alongside Equator’s;
  5. Utilize your User Content to develop, train, evaluate, fine-tune, and improve proprietary internal machine-learning algorithms, civility filters, and transcription tools that directly power or support the Service; and
  6. Use your name, username, voice, image, likeness, and any persona or biographical materials appearing in your User Content in connection with the foregoing and to promote the Service or specific discussions.

The display of your User Content alongside a Partner’s or Creator’s co-branding does not imply that the Partner endorses you, nor that you endorse the Partner or their sponsors.

5.3. Your Representations and Warranties

You represent, warrant, and covenant that:

  1. You own or have secured all necessary rights, licenses, consents, releases, and permissions to submit your User Content and to grant Equator the rights and licenses granted in these Terms;
  2. You have obtained written, verifiable consent from every identifiable individual appearing or audible in your User Content to be recorded and to have their name, voice, image, likeness, and persona used and distributed as described in these Terms;
  3. Your User Content does not and will not infringe, misappropriate, or violate any third party’s intellectual property rights, moral rights, privacy rights, publicity rights, contractual rights, or statutory protections;
  4. You will not upload content for which any third-party license, clearance, synchronization fee, or mechanical royalty is owed and unpaid; and
  5. Authentic Human Performance: The video, audio, and physical performance comprising your User Content feature your authentic human performance and real physical presence, and do not utilize synthetic AI avatars, deepfakes, AI voice clones, voice-morphing filters, or text-to-speech audio generators.

5.4. Content Indemnification

You agree to defend, indemnify, and hold harmless Equator, its corporate parents, affiliates, directors, officers, employees, agents, and sublicensees (including Partners hosting discussions in which you participate) from and against any claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your breach of any representation, warranty, or covenant in Section 5.3; (c) any violation of a third party’s right of privacy, publicity, or intellectual property; or (d) any dispute, investigation, or claim regarding non-consensual recording or misappropriation of another individual’s name, voice, or likeness.

5.5. Moral Rights

To the maximum extent permitted by applicable law, you waive, and agree never to assert against Equator, its affiliates, sublicensees, or Partners, any “moral rights,” droits moraux, rights of attribution, integrity, or analogous rights in your User Content anywhere in the world.

5.6. Survival After Deletion

When you delete User Content or close your account, Equator will cease active public-facing display of that content on the core Service and remove it within a commercially reasonable period (not to exceed 30 days), in accordance with our Privacy Policy. Deleted User Content will be excluded from any compilation or trailer generated after the effective date of deletion.

However, the license granted under Section 5.2 survives deletion with respect to:

  1. User Content that has been downloaded, shared, embedded, or sublicensed by third parties, or incorporated into trailers, compilations, or social assets published or distributed prior to deletion (which Equator cannot recall or delete from third-party ecosystems);
  2. Routine backup, disaster-recovery, or archival copies maintained in the ordinary course of business;
  3. De-identified, anonymized, or aggregated statistical data derived from your User Content; and
  4. Content and audit logs retained to satisfy legal, regulatory, fraud-prevention, taxation, or dispute-resolution obligations.

Copies Outside Equator. Deleting content or closing your account on Equator does not remove content from third-party services, social media feeds, search engines, or Partner properties where videos, screenshots, or trailers were previously shared.

5.7. Editorial and Moderation Discretion

Equator acts as a platform host and maintains absolute editorial discretion. We may refuse to publish, unlist, demote, label, edit captions of, or permanently delete any User Content at any time, for any reason or no reason, with or without notice, and without liability to you. We assume no obligation to host, display, monitor, or preserve any particular submission.

5.8. Feedback

Any comments, suggestions, feature ideas, or feedback you submit regarding the Service (“Feedback”) are non-confidential and automatically become the sole property of Equator. You hereby irrevocably assign to Equator all worldwide right, title, and interest in and to such Feedback, which Equator may use, commercialize, and exploit for any purpose without restriction, attribution, or compensation to you.

6. Content Standards & Conduct

Equator is designed as a “100% Human” platform governed by our civility commitment: Be 10% less offensive — and 10% harder to offend. We enforce a zero-tolerance policy against intimidation and coordinated hostility (“zero screaming”).

You agree that you will not:

  • Upload, generate, or transmit synthetic media, including AI-generated digital avatars, deepfakes, AI voice clones, synthesized lip-syncing, or computer-generated video;
  • Engage in threats, harassment, hate speech, doxxing, defamation, or conduct intended to shout down, drown out, dehumanize, or terrorize other participants;
  • Post content that infringes any copyright, patent, trademark, trade secret, or other proprietary right of any party;
  • Upload pornography, sexually explicit material, content exploiting or sexualizing minors, graphic depictions of violence, or instructions promoting suicide or self-harm;
  • Introduce viruses, malware, trojans, worms, logic bombs, or other harmful technological components;
  • Impersonate any individual, creator, brand, or entity, or misrepresent your credentials, affiliations, or identity;
  • Circumvent, disable, or interfere with security, verification, or digital rights management features of the Service; or
  • Deploy automated scrapers, bots, crawlers, spiders, or data-extraction tools across the Service, except as permitted by our public robots.txt configuration or through prior written permission from Equator.

Scripting and AI Assistance Clarification. The prohibition on synthetic media applies strictly to machine-generated performance video, avatars, cloned voices, and audio generation. You are permitted to use artificial intelligence platforms (such as large language models) to assist in researching, outlining, drafting, or editing scripts, provided that the submitted recording represents an actual human delivering the opinion on camera.

We reserve the right to deploy automated civility and sentiment moderation systems, human review, and account suspension procedures to enforce these standards.

7. Copyright Policy (DMCA)

Equator respects the intellectual property rights of others and responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).

DMCA Takedown Notice

If you believe that your copyrighted work has been copied and made accessible on the Service in a manner that constitutes copyright infringement, please submit a written notice to our designated DMCA Agent at dmca@equator.app containing the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing (including direct URLs or specific discussion identifiers reasonably sufficient to locate the material);
  4. Your contact information, including legal name, physical address, telephone number, and email address;
  5. A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner.

DMCA Counter-Notice

If your content was removed or disabled as a result of a DMCA notice and you believe it was removed by mistake or misidentification, you may submit a counter-notification complying with 17 U.S.C. § 512(g)(3) to dmca@equator.app.

Repeat Infringer Policy

Equator maintains a policy of terminating, in appropriate circumstances, the accounts of users who are determined to be repeat copyright infringers.

Designated DMCA Agent

Talk Don’t Shout, Inc.
Attn: DMCA Agent
8 The Green, #17067
Dover, DE 19901, USA
Email: contact@equator.app

8. Third-Party Services & Integrations

The Service may integrate with, display content from, or link to third-party websites, applications, and authentication services (e.g., Sign in with Apple, Google Sign-In, Facebook Login, payment gateways, video CDNs). We do not control, endorse, or assume responsibility for any third-party websites, software, terms, or privacy practices. Your use of third-party platforms is governed solely by their respective terms and policies.

When you view or engage with an Equator discussion embedded on an external Partner website or application, that Partner’s terms of service and privacy policy govern their external hosting environment. Video recording, identity authentication, and publishing take place securely through Equator’s infrastructure.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

EQUATOR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITING THE FOREGOING, EQUATOR MAKES NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) OPERATION WILL BE UNINTERRUPTED, SECURE, BUG-FREE, OR ERROR-FREE; (C) AUTHENTICATION AND VERIFICATION CHECKS WILL PREVENT ALL ARTIFICIAL, AUTOMATED, OR INACCURATE CONTENT; (D) USER CONTENT OR TRANSCRIPTIONS ARE ACCURATE, COMPLETE, OR TRUTHFUL; OR (E) ANY REVENUE, MONETIZATION, TRAFFIC, OR AUDIENCE ENGAGEMENT WILL ACCRUE TO ANY PARTNER OR CREATOR.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EQUATOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, REPUTATIONAL DAMAGE, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE USE OF (OR INABILITY TO USE) THE SERVICE, OR FROM ANY COMMUNICATIONS OR INTERACTIONS WITH OTHER USERS OR PARTNERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EQUATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL EQUATOR’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE EXCEED:

  • (A) ONE HUNDRED U.S. DOLLARS ($100.00) FOR USERS OF FREE SERVICES; OR
  • (B) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO EQUATOR FOR THE SPECIFIC SERVICE GIVING RISE TO LIABILITY IN THE TWELVE (12) MONTHS PRECEDING THE INCIDENT.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EQUATOR AND YOU. CERTAIN JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

11. Indemnification (General)

In addition to your content-specific obligations under Section 5.4, you agree to defend, indemnify, and hold harmless Equator, its corporate parents, subsidiaries, affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with:

  1. Your access to or use of the Service;
  2. Your violation of these Terms, including any breach of your representations or warranties;
  3. Your unauthorized commercial exploitation of the Service, Partner Marks, or vanity URLs; or
  4. Your violation of any applicable law, regulation, or the rights of any third party.

12. Dispute Resolution: Mandatory Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT GOVERNS HOW DISPUTES BETWEEN YOU AND EQUATOR ARE RESOLVED AND INCLUDES AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.

  • Informal Resolution. Prior to initiating arbitration or legal action, you and Equator agree to attempt in good faith to resolve any dispute, claim, or controversy informally. You must send a written notice of dispute detailing your name, account email, the nature of the claim, and requested relief to contact@equator.app. We will attempt to resolve the dispute within sixty (60) days.
  • Mandatory Binding Arbitration. If informal resolution fails, any dispute, controversy, or claim arising out of, relating to, or resulting from these Terms, our Privacy Policy, or the Service shall be settled exclusively by final, binding arbitration administered by JAMS in Wilmington, Delaware, under the JAMS Streamlined Arbitration Rules and Procedures then in effect, except as modified herein. The arbitration shall be conducted in English by a single neutral arbitrator.
  • Exceptions to Arbitration. Either party retains the right to: (i) bring an individual action in small-claims court in New Castle County, Delaware; and (ii) seek emergency equitable, injunctive, or provisional relief in a court of competent jurisdiction to protect intellectual property rights, trademarks, or prevent trade-secret misappropriation.
  • Class Action and Consolidated Action Waiver. YOU AND EQUATOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not oversee any form of representative or class proceeding.
  • 30-Day Right to Opt Out. You have the right to opt out of the arbitration and class-action waiver provisions of this Section 12 by sending written notice of your decision to contact@equator.app within thirty (30) days of your initial acceptance of these Terms. Your notice must include your full legal name, the email address associated with your Equator account, and an unambiguous statement that you wish to opt out of arbitration.
  • International and Consumer Exceptions. If you reside in the European Union, the United Kingdom, or another jurisdiction where pre-dispute mandatory arbitration agreements are prohibited for consumers by statutory law, this arbitration provision will not apply to you, and disputes may be brought before the competent courts of your place of residence.

13. Governing Law and Jurisdiction

These Terms, and all claims or causes of action (whether in contract, tort, or statute) arising out of or related to these Terms or the Service, shall be governed by and construed in accordance with the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws principles.

Subject to the arbitration provisions of Section 12, both you and Equator consent to the exclusive jurisdiction and venue of the state and federal courts situated in Wilmington, Delaware, for any judicial proceeding arising out of or in connection with these Terms. Nothing in this Section limits any mandatory consumer protection rights guaranteed to you under the local laws of your country of habitual residence.

14. Changes to These Terms

Equator reserves the right to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days’ advance notice by posting an update on the Service and/or by sending an email notification to the address associated with your account.

What constitutes a material change will be determined in our sole, reasonable discretion. By continuing to access or use the Service after the effective date of any revised Terms, you agree to be bound by the updated terms. If you do not accept the changes, you must discontinue using the Service and close your account.

15. Miscellaneous

  • Entire Agreement. These Terms, together with our Privacy Policy, our Data Processing Addendum (where applicable), and any supplemental addenda executed between you and Equator (such as commercial Master Services Agreements or Rev-Share schedules), constitute the complete and exclusive agreement between the parties regarding the Service, superseding all prior oral or written agreements or understandings.
  • Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.
  • No Waiver. No waiver by Equator of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.
  • Assignment. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without Equator’s prior written consent. Equator may freely assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
  • Force Majeure. Equator will not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, cyberattacks, systemic internet outages, or electrical grid disruptions.
  • Survival. Sections 1, 3 (restrictions), 4.2 (No Refunds), 4.3 (Licenses), 4.4 (Withholding), 4.5 (DPA), 5.2, 5.3, 5.4, 5.5, 5.6, 5.8, 7, 8, 9, 10, 11, 12, 13, and 15 shall survive any expiration, termination, or cancellation of these Terms.
  • Relationship of the Parties. Nothing in these Terms shall be construed as creating any agency, partnership, joint venture, franchise, or employment relationship between you and Equator. Neither party has authority to bind the other.

16. Contact Information

For questions, notices, or inquiries concerning these Terms of Use:

  • Email: contact@equator.app
  • Mail:Talk Don’t Shout, Inc.8 The Green, #17067Dover, DE 19901, USA
  • Web: equator.app/contact

17. Apple App Store Additional Provisions

If you downloaded or accessed the Equator mobile application via the Apple App Store, you acknowledge and agree to the following terms:

  • Parties. This agreement is entered into solely between you and Talk Don’t Shout, Inc., not with Apple Inc. (“Apple”). Talk Don’t Shout, Inc., not Apple, is solely responsible for the Equator application and its content.
  • Scope of License. The license granted to you for the application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
  • Maintenance & Support. Talk Don’t Shout, Inc. is solely responsible for providing any maintenance and support services for the application. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the application.
  • Warranty. Talk Don’t Shout, Inc. is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
  • Product Claims. Talk Don’t Shout, Inc., not Apple, is responsible for addressing any claims by you or any third party relating to the application, including: (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
  • Intellectual Property Rights. In the event of any third-party claim that the application or your possession and use of the application infringes that third party’s intellectual property rights, Talk Don’t Shout, Inc., not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
  • Legal Compliance. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • Third-Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

These Terms were last updated on November 9, 2026.