By downloading or using third, you agree to these Terms of Service. Please read them. If you do not agree, do not use the app.
You must be at least 18 years old to use third. By creating an account, you confirm that you are 18 or older. We reserve the right to terminate accounts found to belong to users under 18.
You are responsible for your account and for keeping your login credentials secure. You agree to provide accurate information when creating your profile. One account per person — do not create accounts on behalf of others.
third allows you to make yourself visible to nearby users when you choose to be open. Visibility is temporary and location-based. You control when you appear and when you don't. Waves are anonymous — recipients are notified that someone nearby is interested, but not who.
You agree not to use third to:
We reserve the right to remove any content and suspend or terminate any account that violates these terms, at our sole discretion.
You own the content you post — your photos, bio, and profile information. By uploading content to third, you grant us a limited license to display it to other users as part of the app's core functionality. We do not sell your content or use it for advertising.
You are responsible for ensuring that any content you upload does not infringe on the rights of others.
third is designed to facilitate in-person connection. We have no control over what happens when users meet in real life. You agree to exercise your own judgment and take reasonable precautions when meeting someone for the first time. third is not responsible for interactions that occur outside of the app.
If another user makes you uncomfortable or violates these terms, use the in-app report and block features. Reports are reviewed by the third team. Blocking a user prevents them from seeing your profile and you from seeing theirs.
You may delete your account at any time from within the app (Me → Delete account) or via the web form at ethaninnovates.com/delete-account. We may suspend or terminate your account if you violate these terms. Upon termination, your profile and data will be removed in accordance with our Privacy Policy.
third is provided "as is." We make no guarantees about uptime, accuracy, or the behavior of other users. The app is a tool — what you do with it is up to you.
To the fullest extent permitted by law, Ethan Innovates LLC shall not be liable for any indirect, incidental, or consequential damages arising from your use of third. Our total liability to you for any claim shall not exceed the amount you have paid us in the past twelve months (which, for a free app, is zero).
We may update these terms from time to time. We will update the date at the top of this page when we do. Continued use of the app after changes constitutes your acceptance of the revised terms.
These terms are governed by the laws of the State of Michigan, United States, without regard to its conflict-of-laws principles. Any disputes not subject to arbitration under §14 shall be resolved in the state or federal courts located in Michigan, and you consent to personal jurisdiction in those courts and waive any defense of forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.
We respect intellectual property rights and respond to clear and complete notices of alleged copyright infringement under the United States Digital Millennium Copyright Act ("DMCA").
If you believe your copyrighted work has been used on third in a way that constitutes infringement, please send a written notice to our designated agent (below) that includes:
If you believe your content was removed in error, you may submit a counter-notice meeting the requirements of 17 U.S.C. § 512(g)(3).
Send all DMCA notices and counter-notices to:
Designated Agent: Ethan Innovates LLC
Email:
We may terminate the accounts of users who repeatedly infringe copyright.
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND LIMITS THE WAY YOU CAN SEEK RELIEF.
14.1 Informal Resolution. Before filing a claim, you agree to try to resolve any dispute informally by emailing us at . If we cannot resolve the dispute within 30 days, either of us may proceed to arbitration.
14.2 Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the third app will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Michigan or at another location agreeable to both parties. If the arbitrator determines that the arbitration fees or your share of arbitrator compensation are excessive, we will pay all arbitration fees and expenses. Judgment on the arbitrator's award may be entered in any court of competent jurisdiction.
14.3 Class-Action Waiver. You may bring claims against us only on an individual basis, and not as a plaintiff or class member in any class, consolidated, or representative action. The arbitrator may not consolidate claims of more than one person, and may not preside over any form of representative or class proceeding.
14.4 Jury Trial Waiver. You and we both waive any right to a jury trial.
14.5 Exceptions. The following disputes are not subject to the foregoing arbitration requirements: (a) any dispute seeking to enforce or protect, or concerning the validity of, any intellectual property rights of either party; (b) any dispute related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use of the Services; and (c) any claim for injunctive relief. Either party may also bring an individual action in small-claims court.
14.6 Time Limit. In no event shall any dispute brought by either party related in any way to the Services be commenced more than one (1) year after the cause of action arose. If this provision is found illegal or unenforceable, the dispute shall be decided by a court of competent jurisdiction in Michigan.
14.7 Opt-Out. You may opt out of this arbitration agreement by emailing us at within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out." Opting out will not affect any other part of these Terms.
14.8 Severability. If any portion of this section is found unenforceable, the remainder will continue in effect, except that if the class-action waiver is found unenforceable, the entire arbitration provision will be void.