Terms of Use

1. LICENSED APPLICATION END USER LICENSE AGREEMENT

Your mobile application ("App") is licensed, not sold, to you. Your license to the App is subject to your acceptance of this End User License Agreement ("Agreement").

We ("Licensor," "we," "us," or "our") reserve all rights in and to the App not expressly granted to you under this Agreement.

2. GRANT OF LICENSE

Subject to your compliance with this Agreement:

a. Scope of License

We grant to you a limited, nontransferable, non-exclusive license to:

• Install and use the App on compatible iOS and Android devices that you own or control
• Use the App in accordance with this Agreement and any applicable usage rules provided by Apple or Google

b. Restrictions

You may not:

• Distribute or make the App available over a network where it could be used by multiple devices at the same time
• Transfer, redistribute, or sublicense the App
• Rent, lease, lend, sell, redistribute, or sublicense the App
• Copy (except as permitted by this license and applicable law), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App or any part thereof
• Remove, obscure, or alter any proprietary notices, labels, or marks on the App
• Use the App in any manner inconsistent with applicable law

3. USE RESTRICTIONS

You agree not to use the App to:

• Harass, abuse, stalk, threaten, defame, or otherwise violate the legal rights of any person or entity
• Infringe, violate, or misappropriate any intellectual property rights
• Transmit any viruses, malware, or harmful code
• Access or interfere with the functioning of the App's systems or infrastructure
• Collect or track personal information of others without consent
• Impersonate any person or entity or misrepresent your affiliation
• Engage in any illegal activities or violate any applicable laws or regulations
• Interfere with or disrupt the integrity or performance of the App

4. DATA COLLECTION AND USE

a. Technical Data

You agree that we may collect and use technical data and related information—including but not limited to:

• Technical information about your device, operating system, and application software
• Information about your use of the App
• Device identifiers and system data
• Crash data and performance information

We may use this information to:

• Facilitate the provision of software updates and patches
• Provide technical support and customer service
• Improve our products and services
• Troubleshoot issues and maintain security

This information may be used in a form that does not personally identify you.

b. Privacy

Our collection and use of personal data is governed by our Privacy Policy. By using the App, you acknowledge that you have read and agree to our Privacy Policy.

5. TERMINATION

a. Duration

This Agreement is effective until terminated.

b. Termination by Us

We may terminate your license immediately, without notice, if:

• You breach any material term of this Agreement
• You violate applicable laws or regulations
• We determine that continued provision of the App to you would be illegal or harmful
• We discontinue the App

c. Termination by You

You may terminate this Agreement by deleting the App from your device and ceasing all use.

d. Effects of Termination

Upon termination, all rights granted to you are revoked, and you must delete the App from all devices in your possession.

6. IN-APP PURCHASES AND SUBSCRIPTIONS

a. In-App Purchases

The App may offer digital content, features, or services for purchase ("In-App Purchases"). When you make an In-App Purchase:

• You are entering into a transaction with us (or Apple/Google, depending on the app store)
• The purchase is made using your registered payment method
• You are responsible for all charges associated with your purchases
• Prices are subject to change with notice
• All sales are final except where refunds are required by applicable law

b. Subscriptions

The App may offer subscription services with recurring charges. By initiating a subscription, you authorize us to:

• Charge your payment method on a recurring basis (daily, weekly, monthly, yearly, or as disclosed)
• Continue billing until you cancel the subscription
• Apply any applicable taxes

c. Subscription Terms

• Subscriptions will automatically renew at the end of each billing period unless canceled
• The renewal date and billing cycle will be disclosed before you subscribe
• Current prices and terms are available in the App
• We reserve the right to change subscription prices with 30 days' notice
• Price changes will apply to renewals after the notice period

d. Cancellation and Refunds

• You may cancel a subscription at any time through the App settings or your device's app store (Apple App Store or Google Play Store)
• Cancellation will take effect at the end of the current billing period
• No refunds will be issued for partial billing periods
• If you cancel during a trial period, access ends immediately
• Refunds for In-App Purchases or subscriptions are subject to the app store's refund policy (Apple or Google)
• Requests for refunds must be submitted to the respective app store, not to us directly

e. Trial Periods

If we offer a free trial or introductory period:

• You may have access to certain features at no charge for a limited time
• Trial access is limited to one trial per user unless otherwise stated
• At the end of the trial, you will be charged the full subscription price unless you cancel before the trial ends
• We will provide notice before charging you

f. Payment Authorization

By making a purchase or initiating a subscription, you:

• Authorize charges to your selected payment method
• Represent that you have the legal right to use the payment method
• Agree to pay all charges incurred
• Agree to notify us of any unauthorized charges

g. Billing Issues

If your payment method is declined or fails:

• Your subscription may be suspended or terminated
• We may attempt to charge you again later
• We may charge you a late fee if permitted by law

h. Content Access

Upon purchase, you receive a limited license to access the purchased content or features only within the App. You do not own the content or features; you are licensing their use. Access may be revoked if:

• Your account is terminated
• The App is discontinued
• We discontinue the specific content or service

7. EXTERNAL SERVICES

The App may enable access to third-party services, content, websites, and applications ("External Services").

a. Third-Party Content

• We are not responsible for examining or evaluating the content or accuracy of any External Services
• We shall not be liable for any External Services
• You use External Services at your sole risk

b. Your Responsibility

You agree to:

• Use External Services in compliance with their respective terms of service
• Comply with all applicable laws and regulations
• Not use External Services in any manner that infringes intellectual property rights
• Be solely responsible for your interactions with External Services

c. Availability

• External Services may not be available in all languages or regions
• External Services may not be appropriate for your location
• We reserve the right to change, suspend, remove, disable, or impose access restrictions on any External Services at any time without notice

8. NO WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• The App and any services performed or provided by the App are provided "AS IS" and "AS AVAILABLE"
• The App is provided with all faults
• We hereby disclaim all warranties and conditions, express, implied, or statutory, including:
  • Implied warranties of merchantability
  • Implied warranties of satisfactory quality
  • Implied warranties of fitness for a particular purpose
  • Warranties of accuracy
  • Warranties of quiet enjoyment
  • Warranties of noninfringement of third-party rights

a. No Oral Warranties

No oral or written information or advice given by us or our authorized representatives shall create a warranty.

b. Assumption of Risk

Should the App or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction.

c. Consumer Rights

Some jurisdictions do not allow the exclusion of implied warranties or limitations on statutory consumer rights, so the above exclusion and limitations may not apply to you.

9. LIMITATION OF LIABILITY

a. Scope

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

• Personal injury
• Any incidental, special, indirect, or consequential damages
• Loss of profits or revenue
• Loss of data or business interruption
• Any other commercial damages or losses
• Damages arising out of or related to your use of or inability to use the App
• This applies regardless of the cause or theory of liability (contract, tort, or otherwise), even if we have been advised of the possibility of such damages

b. Cap on Liability

Our total liability to you for all damages (other than as may be required by law in cases involving personal injury) shall not exceed fifty dollars ($50.00).

c. Failure of Essential Purpose

The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

d. Consumer Rights

Some jurisdictions do not allow the limitation of liability for personal injury or incidental/consequential damages, so these limitations may not apply to you.

10. EXPORT COMPLIANCE

a. Export Restrictions

You may not export or re-export the App except as authorized by applicable law. In particular, the App may not be:

• Exported or re-exported to any U.S. embargoed countries
• Exported or re-exported to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List

b. Representation

By using the App, you represent and warrant that:

• You are not located in any embargoed country
• You are not on any export restriction list
• You will not use the App for prohibited purposes, including development, design, manufacture, or production of nuclear, missile, or chemical/biological weapons

11. INTELLECTUAL PROPERTY

a. Ownership

We retain all right, title, and interest in and to the App, including all intellectual property rights. This includes:

• Software code and design
• Graphics, text, and other content
• Trademarks, service marks, and logos
• Any improvements or modifications

b. License Limited

Your license does not grant you ownership of any aspect of the App.

c. Trademarks

You may not use our trademarks, service marks, or logos without prior written consent.

12. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us, our officers, directors, employees, agents, and successors from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use or misuse of the App
• Your violation of this Agreement
• Your violation of applicable laws or regulations
• Your violation of any third-party rights
• Any content or information you provide

13. GOVERNING LAW AND JURISDICTION

a. General Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law provisions.

b. EU/Switzerland/Norway/Iceland

If you are a citizen of any European Union country, Switzerland, Norway, or Iceland, and you are not a U.S. citizen or resident, this Agreement shall be governed by the laws of your usual place of residence, without regard to conflict of law provisions.

c. Dispute Resolution

• For U.S. residents: You agree to submit to the personal and exclusive jurisdiction of the courts located in Santa Clara County, California
• For other jurisdictions: You agree to submit to the non-exclusive jurisdiction of courts in your jurisdiction of residence

d. No Class Actions

Any legal proceeding shall be conducted on an individual basis, not as a class action or representative action.

e. Excluded Convention

The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.

14. MODIFICATIONS TO AGREEMENT

We reserve the right to modify this Agreement at any time. We will notify you of material changes by:

• Posting the updated Agreement in the App or on our website
• Requiring your acceptance before you can continue using the App
• Sending you notice via email or in-app notification

Your continued use of the App following notification constitutes your acceptance of the modified Agreement.

15. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

16. ENTIRE AGREEMENT

This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the App and supersedes all prior negotiations, representations, and agreements.

17. CONTACT US

If you have questions about this Agreement, please contact us through the App or visit our website.