Last Updated: Jul 15, 2026
Please read these Terms of Service (the “Terms”) and our Privacy Notice (“Privacy Notice”) carefully because they govern your use of the website located at https://jest.com (the “Site”), Jest’s app platform and marketplace (the “Platform”), and the services made available through the Site and Platform, including our chat services, text messaging platform, and access to Apps available through the Platform. These Services are offered by Textclub, Inc. doing business as (dba) Jest (“Jest”). To make these Terms easier to read, the Site, the Platform and our services are collectively called the “Services.”
By creating an account, accessing the Platform, or using any of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services. By creating an account, you also agree to receive communications through the Platform and consent to the Text Messaging Program Terms of Service set forth in Section 18 below.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND JEST THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.
By using the Services, you acknowledge and agree to the following:
1(a). Terms Always Apply. Jest operates the Platform as a marketplace and distribution service that enables you to discover, access, and interact with applications, including games and other entertainment experiences (each, an “App”), created, published, and operated by independent third-party developers (“Developers”). These Terms always govern your relationship with Jest and your use of the Platform.
1(b). Developer Terms May Apply to the App. Each App is provided, operated, and controlled solely by the Developer, who is responsible for all aspects of the App, including its content, operation, support, and legal compliance. If a Developer provides separate terms or policies (a “Developer App EULA”) for an App, that Developer App EULA will govern your use of that App in addition to these Terms. If a Developer does not present a Developer App EULA with an App, then your use of that App is governed solely by the Standard EULA attached as Addendum A to these Terms.
1(c). Jest’s Role. Jest does not endorse, warrant, or assume responsibility for any App or any Developer’s acts or omissions. Jest’s role is limited to providing the technical infrastructure and access mechanisms that enable you to access and use each App on the Platform. Your access to and use of the Apps is at your own risk. The Developers are solely responsible for their Apps, including the content, operation, compliance with applicable law, user support, and fulfillment of any obligations to you, including refunds. We do not verify the ownership or legality of any App content. To the extent we facilitate payments for your access to the Apps, we are doing so solely as a limited payment collection agent for the applicable Developer.
Please review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share personal information.
We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, Platform and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the updates and the revised version of these Terms will supersede prior versions. If you don’t agree to be bound by the updates, you may not use the Services anymore and you may terminate these Terms and the Services on notice to us, provided that you will not receive a refund for any amounts then held in your Jest Wallet or any prepaid Subscription Plans. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. If you don’t agree to such changes, you should not use the Services anymore and you may terminate these Terms and the Services on notice to us, provided that you will not receive a refund for any amounts then held in your Jest Wallet or any prepaid Subscription Plans.
You may use the Services only if you are at least 18 years of age, and not otherwise barred from using the Services under applicable law. You must promptly provide us with complete and accurate information about your use of the Services, including, without limitation, your Jest Wallet and Payment Methods, in a form satisfactory to us, and keep this information current. You must promptly update your account with any changes affecting you.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
Jest provides payment processing infrastructure that enables you to deposit funds into an account (a “Jest Wallet”) to make purchases within an App available through the Platform, or at the Platform level (an “In-App Purchase”). Jest also enables you to subscribe to and pay on a recurring basis for an App through the Platform (an “App Subscription”) or for a subscription offered by Jest through the Platform (a “Platform Subscription”). Each App Subscription and Platform Subscription is a “Subscription” and is governed by a subscription plan that sets forth the applicable Subscription’s scope, term length, and pricing plan (a “Subscription Plan”). When you complete an In-App Purchase or subscribe to a Subscription (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information (a “Payment Method”). When you complete a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your Payment Method for the type of Transaction you have selected (plus any applicable Taxes and duties imposed by any governmental authority (“Taxes”)). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you in the applicable Subscription Plan or otherwise. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. All fees and applicable Taxes, if any, are payable in United States dollars. All payments to us are subject to verification, fraud screening, chargebacks, refunds, and other adjustments required by applicable law. We may, in our sole discretion, delay, withhold, or offset payouts to Developers to account for actual or anticipated refunds, chargebacks, or other liabilities. We do not guarantee the completion of any Transaction or the receipt of any amounts by any Developer.
Funds held within your Jest Wallet may only be used to make In-App Purchases and cannot be refunded or transferred to other users, except as required by applicable law. If applicable law requires, Jest will attempt to notify you before issuing such refund.
Subscription Plan Terms. Subscriptions are governed by the terms of the applicable Subscription Plan. If you exceed the entitlement scope in the Subscription Plan, then except as stated otherwise in the Subscription Plan or agreed in writing by the applicable parties, we will charge you pursuant to a separate Transaction for the increased scope of use according to such Subscription Plan.
Changes. Subject to the requirements of applicable law, we may revise the fees and Subscription Plans at any time. We will provide any notice of an increase in fees or other materially adverse change to a Subscription Plan required by applicable law.
Fee Waivers. We may offer a Subscription without charge, or waive a fee for that Subscription, and may start charging a fee for that Subscription upon at least 30 days’ notice (or longer period if applicable law requires) to you. Taxes may still be collected on waived fees.
Free Trials. We may make certain Subscriptions available to you on a trial basis free of charge until (i) the expiration or termination of the free trial, at which point the fees stated for such Subscription Plan will apply, or (ii) the start of any Subscription Plan that you have purchased, at which point that Subscription Plan will automatically commence. Free trials may be subject to additional taxes, terms and conditions, as communicated to you by Jest.
If Jest is unable to collect any amounts due by you to Jest, or if your Jest Wallet does not contain sufficient funds to pay the amounts due by you to Jest, then Jest may, to the extent applicable law permits, deduct, recoup or setoff these amounts from any applicable Payment Method authorized by you.
If the currency of the amount in any Transaction is different from the currency of the amount you owe, Jest may deduct an amount equal to the amount owed (using Jest’s conversion rate), together with the fees Jest incurs in making the conversion.
If Jest believes it transferred funds to you in error, Jest may deduct, recoup or setoff those funds in accordance with these Terms.
As between the parties, and except as otherwise required by applicable law, you are responsible for reviewing your Transaction history for accuracy and completeness and reconciling your Transaction history with the history of transfers from your Payment Method. If you find an error when you reconcile your Transaction history, Jest will reasonably cooperate with you to investigate and help correct that error as long as you notify Jest of the error within 60 days (or longer time period if applicable law requires) after the error appears in your Transaction history. Jest may correct any errors in your Transaction history by crediting or debiting your Jest Wallet or Payment Method, as applicable.
You appoint Jest as your agent for the limited purpose of directing, receiving, holding and settling funds under these Terms. All settlement funds Jest receives for Transactions or in your Jest Wallet may be combined with settlement funds for other users and held in one or more pooled accounts (a “Pooled Account”) at one or more financial providers. You have no rights to earnings generated by funds held in any Pooled Account and you are not entitled to draw funds from any Pooled Account and have no rights to direct transactions into and out of any Pooled Accounts.
While Jest processes payments for any Transaction, the applicable Developer is solely responsible for any virtual items, content, or features purchased for use within an App, including: (i) the virtual items, content, or features you receive in exchange for your purchase; (ii) the functionality and availability of such items within the App; and (iii) any disputes regarding the nature, quality, or delivery of such items. Jest is responsible for purchases of virtual items, content, features, or other digital benefits offered directly by Jest through the Platform.
Funds held in your Jest Wallet or with respect to any prepaid Subscription Plan are non-refundable except as required by applicable law. SUBJECT TO APPLICABLE LAW, (I) ONCE A TRANSACTION IS COMPLETED, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO RECEIVE A REFUND AND (II) IF YOU CANCEL YOUR SUBSCRIPTION PLAN BEFORE THE END OF THE APPLICABLE SUBSCRIPTION PLAN, YOU WILL NOT BE ABLE TO RECEIVE A REFUND. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. To request a refund, you can send an email to support@jest.com.
Our Services may allow you to store or share content including text (in posts or communications with others), graphics, and images. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as “User Content”. User Content includes Platform-level content (such as your username, avatar, badges, achievements, or profile details) and content you generate through Platform social features (such as chat messages, posts, or shared links).
Jest does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. Users may also upload content to the applicable App. All App-related content is governed by the Developer App EULA. We do not develop, own, control, or endorse any Apps and make no representations or warranties regarding the functionality, quality, legality, safety, or suitability of any Apps or the content of such Apps.
By making any User Content available through the Services you hereby grant to Jest a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, improving, and providing the Services.
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license to use your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Jest on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We may make available through the Services content that is subject to intellectual property rights. As between you and Jest, we retain all rights to that content.
You agree not to do any of the following:
8(a). Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;
8(b). Use, display, mirror or frame the Services or any individual element within the Services, Jest’s name, any Jest trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Jest’s express written consent;
8(c). Access, tamper with, or use non-public areas of the Services, Jest’s computer systems, or the technical delivery systems of Jest’s providers;
8(d). Attempt to probe, scan or test the vulnerability of any Jest system or network or breach any security or authentication measures;
8(e). Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Jest or other generally available third-party web browsers;
8(f). Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
8(g). Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
8(h). Violate any applicable law or regulation; or
8(i). Encourage or enable any other individual to do any of the foregoing.
Jest is not obligated to monitor access to or use of the Services or to review or edit any User Content or any Apps. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
Jest respects copyright law and expects its users to do the same. It is Jest’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Jest’s Copyright and IP Policy here, for further information.
The Services may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at support@jest.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 6, 7(b), 7(c), 7(d), 8, 11, 12, 13, 14, 15, 16, and 17.
AS BETWEEN YOU AND JEST, THE SERVICES AND EACH APP ACCESSED THROUGH THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services, including any App or content provided by the Developer. All warranties, if any, relating to an App are the sole responsibility of the Developer.
You will indemnify and hold Jest and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER JEST NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JEST OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL JEST’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE GREATER OF (I) AMOUNTS ACTUALLY PAID BY YOU OR ARE PAYABLE BY YOU TO JEST FOR USE OF THE SERVICES, AND (II) ONE HUNDRED DOLLARS $100.00.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JEST AND YOU.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 16 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Jest are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Jest each waive any objection to jurisdiction and venue in such courts.
We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Jest agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Jest are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
As limited exceptions to Section 16(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org.
Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Except as provided in Section 16(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
YOU AND JEST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.
With the exception of any of the provisions in Section 16(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.
Jest and its licensors exclusively own all right, title and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.
These Terms constitute the entire and exclusive understanding and agreement between Jest and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between Jest and you regarding the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Except where provided by applicable law in your jurisdiction, you may not assign or transfer these Terms, by operation of law or otherwise, without Jest’s prior written consent. Any attempt by you to assign or transfer these Terms absent our consent or your statutory right, without such consent, will be null. Jest may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Jest under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
Jest’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Jest. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact Jest at terms@jest.com.
18(a). The Services also include the Jest Text Messaging Program (the "Program") that provides updates about Jest including, but not limited to, the Platform and Apps that you engage with. By opting in, you agree to receive SMS or RCS messages from us at the number provided, depending on your device and carrier.
18(b). You can cancel the Program at any time by texting "STOP" to our number. After you send "STOP", we will send a confirmation message, and you will no longer receive messages from us. To re-join the Program after opting out, text START or complete the original sign-up flow.
18(c). If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@jest.com.
18(d). Carriers are not liable for delayed or undelivered messages.
18(e). As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. Messages may be sent using an automatic telephone dialing system, an automated system, or other technology. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
18(f). We maintain records of your consent to receive text messages in accordance with applicable law.
18(g). If you have any questions regarding privacy, please read our Privacy Notice (“Privacy Notice”).
The Apps available via the Services are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of this End User License Agreement (“Standard EULA”), and you agree that the terms of this Standard EULA will apply to each App that you license via the Platform, unless that App is covered by a valid end user license agreement between you and the applicable Developer, in which case the terms of that separate end user license agreement will govern. Jest is not a party to this Standard EULA and expressly disclaims any liability with respect to this Standard EULA or any Apps.
Developer grants you a limited, nontransferable license to access and use the App via the Platform. Subject to applicable law, you may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App or copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof.
You agree that Developer may collect and use technical data and related information—including, but not limited to, technical information about your device that is gathered periodically to facilitate the provision of software and other services to you (if any) related to the App. Developer may use this information to provide services or technologies to you and to improve its products.
The license is effective until terminated by you or Developer. Your rights under this license will terminate automatically without notice from the Developer if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the App and destroy all copies, full or partial, of the App.
You agree that the App contains proprietary content, information and material that is owned by Developer and/or its agents or licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way except for permitted use of the App.
Subject to applicable law, Developer reserves the right to change, suspend, remove, or disable access to any App at any time without notice.
YOU 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”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND DEVELOPER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. DEVELOPER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DEVELOPER BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Developer's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
You may not use or otherwise export or re-export the App except as authorized by U.S. law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) 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. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws.