Platform Constitution

NappyPods™ ("the Platform") is a digital directory and an advertising-supported venue, owned and led by Coach Keewee. This Constitution states the permanent, governing principles of the Platform. It is incorporated into the Terms of Service (/legal/terms) and binds every user — guests, hosts, operators, vendors, advertisers, employers, agents, and anyone acting through them. Where any other text, email, marketing page, or spoken promise conflicts with this Constitution, this Constitution and the Terms of Service govern.

NappyPods™ is, strictly and only, a directory and a venue: it lists what third parties publish, labels paid placements, and connects people. It does not own, manage, inspect, employ, insure, endorse, or guarantee anything listed, and it is never a party to any agreement between users.

The Platform's standing analogy is the phone book: nobody sues the phone book because a hotel listed in it was noisy. Claims about a listing, a stay, a product, a job, or an event belong against the third party who published or provided it. This doctrine is restated in Terms §3 and §8 and is the controlling interpretation of every provision of these documents.

The Platform reserves the following powers, each exercisable at any time, for any reason or no reason, with or without notice, and without liability:

(a) To modify these Terms and this Constitution without prior notice; continued use constitutes automatic acceptance (Terms §2).

(b) To terminate, suspend, limit, or remove any account, listing, message, campaign, or content at any time (Terms §6).

(c) To change, pause, or discontinue any feature, market, price, token mechanic, or the entire service (Terms §2 and §10).

(d) To reject or remove any advertisement, and to set advertising density and placement policy (Terms §14).

(e) To moderate, filter, blur, or hide mature or sensitive content, and to keep it hidden from every feed by default (Terms §15).

(f) To cooperate with law enforcement and to preserve or disclose records where the law allows or requires.

These powers are property of the Platform. Their exercise is not a breach, not a penalty, and creates no compensation right.

Every user: (a) is at least 18 years old; (b) keeps one honest account and secures its credentials; (c) publishes only accurate, lawful content they have the rights to; (d) resolves inter-user disputes with the other party — never through knowingly or recklessly false public statements, impersonation, or harassment campaigns (Article VII); (e) takes any off-platform payment at their sole risk (Terms §11); and (f) accepts that all digital purchases are final — no refunds on tokens, ad placements, listing fees, or subscriptions (Terms §12).

The liability limits are set by Terms §§8–11 and §16. In short: the service is provided as-is. The Platform does not vet users or listings. Third-party infrastructure failures — Cloudflare, hosting providers, AI swarms, third-party APIs, regional blackouts, network drops, and platform outages — never create liability beyond the Terms §8(f) cap, and paid advertising impressions go undelivered are the only outage remedy. Consequential damages are excluded. Aggregate liability is capped at the greater of twelve months of service fees actually paid to NappyPods™ — not hosts, not vendors (the §8(f) figure) — or USD $100. Users indemnify the Platform for third-party claims arising from their own conduct. Nothing in this Article limits liability that cannot lawfully be limited — the §8(g) savings language governs here too.

No Formal Claim against the Platform proceeds until the claimant has paid a mandatory, upfront, NON-REFUNDABLE deposit of TWENTY THOUSAND UNITED STATES DOLLARS ($20,000 USD). A "Formal Claim" is any formal demand, arbitration demand, or lawsuit against NappyPods™ or Coach Keewee. A complaint or report to any government agency or regulator is NEVER a Formal Claim, requires no deposit, and requires no permission; statements made during the §20 negotiation period are not Formal Claims either.

PROCESS (the canonical instructions): (1) negotiate in good faith through the in-app support channel for 30 days (Terms §20). (2) If unresolved, request the deposit instructions by emailing the support address published in the Platform footer with the subject line "DISPUTE DEPOSIT" — the current deposit account details are issued by that reply, and nowhere else. (3) Pay the full $20,000 USD by the designated method and state the claim in one document: what happened, when, the legal basis, and the relief sought. (4) Only after the deposit clears does the claim proceed under Terms §§19–21 — good-faith negotiation, then binding individual arbitration in Dallas County, Texas.

NATURE OF THE DEPOSIT. The deposit is a processing and defense contribution. It is non-refundable — it is not an award, a fee recovery, or a damages cap. A Formal Claim filed before the deposit clears triggers no response obligation, deadline, or default for the Platform; the Platform may stay its participation and seek dismissal or a stay of such a claim. Exceptions: an individual small-claims filing within that court's monetary limit, or a claim where applicable law prohibits such a requirement — then only to the extent the law requires.

No deposit is ever required to use the Platform's own support, report, or refund-inquiry channels — only to proceed against the Platform formally.

Disputes with the Platform are resolved individually: 30 days of good-faith negotiation through the in-app support channel, then final and binding individual arbitration under AAA consumer rules in Dallas County, Texas (JAMS fallback; court appointment under 9 U.S.C. §5 if neither administers). The arbitrator holds exclusive authority over gateway questions — existence, validity, formation, scope, and enforceability of this Article and the Article V deposit (Terms §20). Class actions, collective actions, consolidated actions, private attorney-general actions, and representative proceedings are waived. Mass arbitration — batched or coordinated near-identical demands — is expressly prohibited: the Platform may require individual filings and seek dismissal or non-administration of coordinated batches, and every claimant remains subject to Article V.

SEVERABILITY LADDER. If the deposit is unenforceable as to a claim, that claim arbitrates without a deposit. If arbitration is unenforceable as to a claim, that claim proceeds in the Dallas County, Texas courts — and the collective-action waiver survives independently.

The Platform's name, marks, brands, and the reputation of its owner and lead developer, Coach Keewee, are core assets. Honest feedback is always protected: users may state their genuine opinion — including negative reviews — without penalty. What is a material breach: knowingly or recklessly publishing a FALSE statement of fact about the Platform, its brands, or Coach Keewee; impersonating the Platform or its staff; disclosing its confidential information; or coordinating a harassment or review-brigading campaign against any of them (Terms §22).

A violation allows the Platform, at its election: immediate termination; forfeiture of the entire token balance and pending ad credits (no refund); takedown and cease-and-desist; and full legal remedies — including injunctive relief and defamation damages with attorneys' fees where a court finds the statement defamatory. Nothing here restricts any right protected by the federal Consumer Review Fairness Act, honest reviews, or legally protected reports to government agencies — those rights limit this Article only as the law requires.

The Platform is a directory, not a guardian: it publishes safety education (the Safety Center), labels risks, and provides reporting tools — but does not warrant any listing's safety and is not an emergency service. In emergencies, users call 911 (US) first. The Safety Terms (/legal/safety) are part of the governing documents and explain screening, vetting, mature-content policy and reporting in full.

Tokens are prepaid attention credits, not money; promotional tokens hold no cash value; request holds auto-release when unviewed; the Platform operates no escrow, holds no user funds, pays no user, and records payments for bookkeeping only (Terms §12–§13). Advertising keeps the lights on: the Platform runs at a high, labeled advertising density across every surface, including newsletters, digests, and push (Terms §14).

This Constitution is incorporated into the Terms of Service and travels with them: it survives account closure and termination, and it binds assignees and successors of the Platform. The governing law is Texas; the arbitration seat is Dallas County. Effective date: November 4, 2026. The current version is always published at /legal/constitution; publishing a new version is itself an exercise of Article II.