Terms of Service

Please read these Terms of Service ("Terms") carefully before using any application, website, or service operated by Whiskrs ("Whiskrs," "we," "us," or "our"). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.

1. Acceptance of Terms

By downloading, installing, or using any Whiskrs application or visiting whiskrs.dev, you confirm that you are at least 13 years of age (or the minimum age required in your jurisdiction), that you have read and understood these Terms, and that you agree to be bound by them. If you are using our services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2. Description of Services

Whiskrs is an independent software studio that develops and distributes mobile and web applications ("Apps") and operates the website whiskrs.dev ("Site"). We may update, modify, add, or remove features from our Apps and Site at any time without prior notice. We reserve the right to discontinue any service or application at our sole discretion.

3. License to Use

Subject to your compliance with these Terms, Whiskrs grants you a limited, non-exclusive, non-transferable, revocable license to download and use our Apps on devices you own or control, solely for your personal, non-commercial use. This license does not include the right to:

• Sublicense, sell, resell, transfer, assign, or otherwise commercially exploit any App or its content;
• Modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of an App;
• Access our services in order to build a competing product or service;
• Copy, frame, or mirror any part of our services.

All rights not expressly granted in these Terms are reserved by Whiskrs.

4. App Store Terms

Our iOS and macOS applications are distributed through Apple's App Store. In addition to these Terms, your use of Apps distributed on the App Store is subject to Apple's App Store Terms of Service. You acknowledge that:

• These Terms are between you and Whiskrs only, not Apple, Inc.;
• Apple has no obligation whatsoever to furnish any maintenance or support services with respect to our Apps;
• Apple is not responsible for addressing any claims relating to our Apps or your possession or use of them;
• Apple is a third-party beneficiary of these Terms with respect to App Store applications and may enforce these Terms against you.

5. User Accounts

Some of our services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at the contact information below if you suspect any unauthorized use of your account. We are not liable for any loss or damage arising from unauthorized use of your credentials.

6. Acceptable Use

You agree not to use our services to:

• Violate any applicable law, regulation, or third-party rights;
• Upload, transmit, or distribute any content that is unlawful, harmful, harassing, defamatory, infringing, or otherwise objectionable;
• Introduce viruses, malware, or any other harmful code;
• Attempt to gain unauthorized access to any system, network, or data;
• Interfere with or disrupt the integrity or performance of our services;
• Collect or harvest data from our services without express written permission;
• Use automated means (bots, scrapers) to access our services in a manner that exceeds reasonable human usage.

7. In-App Purchases and Subscriptions

Some Apps may offer in-app purchases, premium features, or subscriptions. All purchases are processed by Apple through the App Store. Prices are displayed in your local currency and may change at any time. Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions through your Apple ID account settings. We do not issue refunds for in-app purchases except as required by applicable law or Apple's refund policy.

8. Intellectual Property

All content, design, code, graphics, logos, trademarks, and trade dress included in our Apps and Site are the exclusive property of Whiskrs or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right to use our trademarks, logos, or brand elements without our prior written consent.

If you provide us with any feedback, suggestions, or ideas regarding our services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and commercialize such Feedback without any obligation to compensate you.

9. Third-Party Services

Our Apps and Site may contain links to or integrations with third-party websites, services, or content not owned or controlled by Whiskrs. We are not responsible for the content, privacy policies, or practices of any third-party services. We encourage you to review the terms and privacy policies of any third-party services you use.

10. Privacy

Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to the data practices described in our Privacy Policy.

11. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE. WHISKRS DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHISKRS, ITS OWNERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, OUR TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO WHISKRS IN THE TWELVE MONTHS PRECEDING THE CLAIM OR (B) FIFTY U.S. DOLLARS (USD $50).

13. Indemnification

You agree to indemnify, defend, and hold harmless Whiskrs and its owners, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our services; (b) your violation of these Terms; or (c) your violation of any rights of another person or entity.

14. Termination

We may suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Upon termination, your license to use our Apps immediately ceases. Sections 8 (Intellectual Property), 11 (Disclaimer of Warranties), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law) survive any termination.

15. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Effective date" above. We may also notify you of material changes through our Apps or by other means. Your continued use of our services after changes become effective constitutes acceptance of the updated Terms.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States and the state in which Whiskrs is registered, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or our services shall first be addressed through good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whiskrs regarding your use of our services and supersede all prior agreements and understandings, whether oral or written, relating to the subject matter herein.

18. Contact

If you have any questions about these Terms, please contact us:

• Studio: Whiskrs
• Website: whiskrs.dev