The short version
Use Derby to share photos and make plans with people you know. Don’t be a jerk. Don’t try to game the system. Don’t share things that aren’t yours or that could hurt people. If you do those things, we’ll have to ask you to leave.
Agreement to terms
By using Derby (“the Service”), you agree to these Terms of Service (“Terms”). If you don’t agree, please don’t use Derby.
Derby is operated by Fiber, Inc. (“we,” “us,” “our”). When we say “you” or “user,” we mean you, the person using Derby.
What Derby is
Derby is an app for sharing photos and making plans with friends. The core surfaces are:
- Photos: what you post goes to your friends, and photos can be gathered into albums.
- Plans: invitations to do something, seen by the people the organizer chose.
- Friends: a friendship on Derby is mutual. Both people agree to it, and there are no followers.
A few things that make Derby different:
- No algorithmic feed: you see posts from your friends in the order they were shared.
- No ads: we don’t show advertising or sell your data.
Eligibility
You must be at least 18 years old to use Derby. By creating an account, you represent that you’re 18 or older and old enough to agree to these Terms where you live. Derby is not intended for minors.
Your account
You’re responsible for your account and everything that happens through it. Derby signs you in with a code sent to your email, so keep that email account secure. If you think someone else has accessed your account, let us know immediately.
Don’t create accounts for other people without their permission. Don’t create multiple accounts to circumvent restrictions or bans.
Your content
You own what you create: photos, clips, captions, plans, and messages. Derby claims no ownership of any of it.
When you share content on Derby, you give us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, reproduce, adapt for technical purposes such as resizing and encoding, and display it, only as needed to operate Derby, and only to the audiences you direct. We can’t sell your content or use it for advertising. When you delete content, or delete your account, the license ends for that content, except for copies in backups that age out on their own cycle and are shown to no one.
By sharing content, you confirm that:
- You have the right to share it
- It doesn’t violate anyone else’s rights
- It complies with these Terms
Who sees what
Derby’s visibility rules are part of the product, and these Terms follow them.
- Photos you post are visible to your friends, including photos from before you became friends. A photo reaches a friend’s friends only if you and that friend both agree to share it.
- A plan is visible to the audience its organizer chose. If the organizer allows it, a plan can also reach friends of people who say they’re Going. Holding a plan’s link grants no access.
- Hearts are private. Only a photo’s owner sees who hearted it, and there are no public counts.
- Blocking someone overrides every rule above.
You agree not to bypass, probe, or defeat these controls, and not to redistribute other people’s content in ways its owner plainly didn’t allow. The full picture is in Privacy.
Community standards
Some things aren’t allowed on Derby.
Don’t share content that:
- Child sexual abuse and exploitation (CSAE): any content depicting, promoting, or facilitating the sexual abuse or exploitation of children is strictly prohibited and will result in immediate account termination, content removal, and reporting to NCMEC and law enforcement. See Child safety.
- Depicts or promotes violence, abuse, or exploitation
- Contains nudity or sexual content
- Harasses, bullies, or threatens others
- Promotes hate against individuals or groups
- Contains spam, scams, or deceptive content
- Violates someone’s privacy without their consent
- Infringes on intellectual property rights
- Promotes dangerous activities or self-harm
- Facilitates grooming or inappropriate contact with minors
- Violates any applicable law
Don’t use Derby to:
- Impersonate others or misrepresent your identity
- Collect information about other users without consent
- Circumvent our security measures, audience controls, or access restrictions
- Interfere with or disrupt the service
- Use bots, scrapers, or automated tools
- Reverse engineer or attempt to extract source code
- Create derivative products or services based on Derby
- Try to find out who hearted something, what’s in someone else’s private groups, or who a plan was shared with
Plans
By creating a plan, you represent that its information is accurate and that it complies with these Terms.
Plans must not:
- Promote or facilitate illegal activities
- Contain false, misleading, or deceptive information about the plan, the place, or the organizer
- Be used to collect personal information from attendees under false pretenses
- Advertise products or services unrelated to a genuine plan (commercial spam)
- Contain adult content or promote age-restricted activities without appropriate verification
- Discriminate against attendees on the basis of any protected characteristic
Derby helps people coordinate. It doesn’t organize, host, supervise, vet, or guarantee any plan or place. You’re responsible for your own judgment about where you go, who you meet, and what you do, including safety, legality, accessibility, and cost.
We may remove any plan and suspend or terminate the organizer’s account at our discretion, without prior notice. Volume, repetition, or earlier approval of similar plans does not create any right to continued publication.
Reporting
You can report a person or a photo from inside the app, or write to safety@derbysocial.app. Reports are read by a person. The person you report isn’t told who reported them. Reports about child safety are reviewed first, and where the law requires it we share them with authorities.
Enforcement
If you violate these Terms, we may:
- Remove the offending content
- Warn you about the violation
- Temporarily suspend your account
- Permanently ban you from Derby
We try to be fair and proportionate. We’ll generally warn before we ban, unless the violation is severe. Our decisions about enforcement are final, but we’re human. If you think we made a mistake, you can reach out.
How we make money
Derby may offer optional paid features and services for people and local businesses. We don’t show ads and don’t sell your data.
Intellectual property
Derby and its original content, features, and functionality are owned by Fiber, Inc. and protected by intellectual property laws. Our trademarks and trade dress may not be used without our prior written permission.
The Derby name, logo, and associated marks are our trademarks. Don’t use them in ways that suggest endorsement or affiliation without our permission.
If you believe content on Derby infringes your copyright, see our copyright page for the designated agent and the procedure for filing a notice or counter-notice under 17 U.S.C. § 512.
Third-party services
Derby may contain links to or integrations with third-party services. We’re not responsible for their content, practices, or policies. Your use of third-party services is governed by their own terms.
Disclaimer of warranties
Derby is provided “as is” and “as available” without warranties of any kind, express or implied. We don’t guarantee that Derby will always be available, secure, or error-free.
Limitation of liability
To the maximum extent permitted by law, Fiber, Inc. and its team shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of or inability to use the service.
Our total liability for any claim arising from these Terms or your use of Derby shall not exceed the amount you’ve paid us in the past twelve months, or $100, whichever is greater.
Indemnification
You agree to defend and indemnify Fiber, Inc. and its team from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the service, your content, or your violation of these Terms.
Dispute resolution
We hope we never have a dispute. But if we do:
- Talk first: contact us at support@derbysocial.app and we’ll try to work it out.
- Arbitration: if we can’t resolve it informally, any dispute will be resolved through binding arbitration, not court.
- No class actions: disputes will be resolved individually, not as part of a class action.
- Governing law: these Terms are governed by the laws of the Commonwealth of Pennsylvania.
Changes to terms
We may update these Terms from time to time. If we make material changes, we’ll notify you through the app or by email before they take effect. Your continued use of Derby after changes take effect means you accept the new Terms.
We won’t make changes that retroactively reduce your rights without your consent.
Termination
You can delete your account anytime; see Delete my account. We can also terminate or suspend your account if you violate these Terms or for other reasons at our discretion.
When your account is terminated, your right to use Derby ends. Some provisions of these Terms survive termination, including intellectual property rights, disclaimers, and limitations of liability.
Coming from Fiber
Derby is the app that was called Fiber, redesigned and renamed, on the same account. These Terms replace Fiber’s from the date at the top of this page.
General provisions
- Entire agreement: these Terms, together with our Privacy Policy, constitute the entire agreement between you and Fiber, Inc..
- Severability: if any provision is found unenforceable, the rest remains in effect.
- No waiver: our failure to enforce any provision doesn’t waive our right to do so later.
- Assignment: you can’t transfer your rights under these Terms. We can transfer ours in connection with a merger, acquisition, or sale of assets.
Contact us
General questions: support@derbysocial.app
Legal questions: privacy@derbysocial.app
Safety concerns: safety@derbysocial.app
Mailing address: Fiber, Inc., Philadelphia, PA 19125, United States