Terms of Service
These Terms of Service ("Terms") govern your access to and use of the "What's That?" mobile application and related services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
- Purpose: The Service lets you capture or upload photos of places and objects and receive AI‑generated descriptions and related context. You may also generate AI‑generated audio narrations ("Audio Guides") of your discoveries using text‑to‑speech technology. If you allow it, we may use your device location and nearby places data to improve results.
- AI Content: Text and audio outputs are generated by AI based on your inputs and may be inaccurate, incomplete, offensive, or biased. Audio narrations are synthetic voices generated from text descriptions; they are not recordings of real people. Outputs are provided "as is" for informational and entertainment purposes only and are not our representations. Do not rely on outputs for safety‑critical, medical, legal, or professional decisions; verify information independently.
- The Service is not designed for emergency or safety‑critical uses. It is also not a backup or archival service; you should retain your own copies of content you care about.
2. Eligibility and Accounts
- Minimum age: You must be at least 13 years old (or the minimum age required in your country; 16+ in the EEA/UK) to use the Service. If you are under the age of majority, you must have a parent/guardian's consent.
- Registration: You must provide accurate information and keep it up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Security: You must maintain the confidentiality of your credentials and notify us promptly if you suspect unauthorized use of your account or any security breach.
- Compatibility and updates: Some features may require the latest version of the app and a compatible device/operating system. We may provide updates that you must install to continue using certain features.
- Restrictions: You may not use the Service if you are prohibited by law from doing so, or if we have previously suspended or terminated your access or removed your account.
- Suspension/termination: We may suspend or terminate your access to the Service at any time for violations of these Terms or to protect the Service or other users.
3. User Content and Licenses
- Ownership: You retain ownership of photos, text, and other content you submit ("User Content").
- Service license to us: You grant us a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, adapt, transmit, and display your User Content as reasonably necessary to operate, secure, and improve the Service (including engaging service providers acting on our behalf and performing debugging, analytics, quality assurance, and security), and to generate aggregated statistics and performance metrics that do not identify you. This license is limited to Service purposes and ends when your User Content is deleted from our systems, subject to reasonable backup and archival retention.
- Publicity/marketing license to us: In addition, you grant us a worldwide, non‑exclusive, royalty‑free license to use, reproduce, publish, publicly perform and display, distribute, and adapt your "discoveries" (including your submitted photo(s) and the titles, descriptions, and metadata generated by the Service) for our marketing and promotional purposes in any media now known or later developed, including through our service providers and official channels. We will not use images that include identifiable faces. We will not disclose precise GPS coordinates or other sensitive location metadata with marketing displays; however, images may inherently reveal general location (for example, recognizable landmarks). We will not knowingly feature discoveries that include minors' identifiable images without appropriate consent. You may request that we stop using your content for future marketing by contacting us; previously produced materials may continue to exist in already‑distributed media.
- Your responsibilities: You represent and warrant that you have all rights necessary to grant the above licenses and that your User Content does not infringe or violate any law or third‑party rights (including privacy, publicity, and IP rights).
4. Acceptable Use
You may not, and may not permit others to:
- Illegal and harmful content: Submit or share illegal, infringing, deceptive, fraudulent, defamatory, obscene, hateful, harassing, or violent content; or any content that depicts children in exploitative or sexualized ways or otherwise violates child‑safety laws.
- Sexual content and nudity: Do not submit pornographic, sexually explicit, or sexually suggestive content; no nudity. Absolutely no sexual content involving minors or sexualization of minors.
- Privacy and impersonation: Do not post private or confidential information (yours or others'), including payment credentials, government IDs, medical or highly sensitive personal data. The Service is not intended for publishing such personal data—even with permission. Do not impersonate any person or entity; misrepresent your identity; or solicit, collect, or use other users' login credentials.
- Doxxing: Do not publish or threaten to publish someone's private personal information (such as non‑public home address, contact information, financial identifiers, or similar data) without consent.
- Graphic violence and gore: Do not submit content that depicts graphic violence, gore, or content intended to shock or disgust.
- Extremism and terrorism: Do not promote, praise, or support extremist or terrorist organizations, individuals, or content.
- Self-harm and dangerous acts: Do not post content that promotes, glorifies, or provides instructions for self-harm, suicide, eating disorders, or violence against others.
- Identification and biometrics: Use the Service to identify or track individuals, infer sensitive attributes, create biometric identifiers/profiles, or otherwise process images of persons in ways that could violate privacy, data‑protection, or anti‑discrimination laws.
- Security and integrity: Upload malware or malicious code; probe, scan, or test the vulnerability of any system or network; interfere with or disrupt the Service or connected networks; circumvent or attempt to bypass credit usage, rate limits, or access restrictions.
- Automated access and scraping: Use bots, scrapers, or automated tools to access the Service without our prior written permission.
- Unlawful surveillance: Use the Service to stalk, surveil, or otherwise violate the rights of others.
- Spam, scams, and deception: Do not engage in spam or unsolicited promotions; phishing; pyramid schemes; or other deceptive or fraudulent practices.
- Evasion of enforcement: Do not create or use accounts or other methods to evade enforcement or restrictions we apply (for example, re‑registering after suspension to bypass limits or blocks).
5. Sharing
- External sharing: The Service may offer features to share content outside of the Service. Content you share externally may be viewed, copied, or reshared by others. Removing content from the Service will not delete copies already shared elsewhere.
6. AI Processing, Outputs, and Moderation
- AI providers: By using AI features, you instruct us to disclose your User Content (and optional context such as location or nearby places) to our AI service providers solely to generate outputs for you. We configure providers and agreements so your inputs are processed only to provide the Service and not to train foundational models or build profiles, unless you explicitly opt in.
- Audio Guides: Audio Guides are AI‑generated narrations created using third‑party text‑to‑speech technology. Audio outputs are synthetic and may contain errors or mispronunciations. Audio Guide generation consumes credits as described in Section 7.
- Outputs rights: Subject to applicable law, third‑party rights, and the terms of the applicable AI model/provider, we assign and pass through to you any rights we receive in the outputs generated for you. Your rights in the outputs may vary depending on the model/provider and may be subject to additional restrictions set by that provider. Outputs may be similar to content generated for others and are not guaranteed to be unique or free of third‑party claims. You are responsible for your use of outputs and for obtaining any permissions required by law.
- Accuracy and use: Text and audio outputs may be inaccurate, offensive, or reflect biases. Do not rely on outputs for safety‑critical, medical, legal, or professional decisions.
- Moderation and refunds: We apply content moderation and may block content or requests. Credits consumed for requests blocked due to policy violations are not refundable. Credits may be automatically refunded for technical failures.
7. Credits, Purchases, and Refunds
- Credits: Some features require credits. Credits may be purchased via the Apple App Store (and Google Play if/when available). Credits are a limited, personal, revocable, non‑transferable, non‑sublicensable license to access features in the Service. Credits have no cash value, are not currency or property, and do not represent stored value; they are not gift cards or stored‑value instruments. A purchase is complete when our servers validate the transaction and the Credits are successfully credited to your account. We may suspend or revoke Credits or access to Credits if you breach these Terms, we reasonably suspect fraud, abuse, or chargebacks, to comply with law, or to correct errors.
- No transfers or trading: Credits may not be sold, traded, transferred, or exchanged between users.
- Audio Guide credits: Generating an Audio Guide consumes credits. Credits consumed for Audio Guides are subject to the same refund policies as other features.
- Billing: Purchases are processed by the app stores and subject to their terms. We cannot view, access, or modify app store transactions, and we do not receive your full payment card details. Refund requests must be made through the relevant app store under its policies.
- Refunds: Except where required by law or platform policy, credit purchases are non‑refundable. If an analysis fails for technical reasons, we may automatically restore or refund the consumed credit. Moderation failures or policy violations generally do not qualify for refund. Please consult Apple/Google refund policies for platform‑handled refunds.
- Pricing and taxes: We may change credit prices and bundles prospectively. Prices may exclude taxes and fees; any applicable taxes/fees will be assessed by the app store at checkout. Existing purchases are unaffected but may be subject to new terms for future use.
- Chargebacks, fraud, and errors: We may suspend or reverse credits in cases of suspected fraud, abuse, or chargebacks, and we may correct pricing or accounting errors and revoke or adjust credits issued in error.
- Expiration and forfeiture: Purchased Credits do not expire unless stated at purchase or required by law. If an expiration policy is introduced, it will be disclosed at the time of purchase and will comply with applicable law. If your account is deleted by you or terminated under these Terms, any unused Credits may be forfeited and are not refundable.
- EEA/UK withdrawal rights: If you are in the EEA or UK, you may have a 14‑day right to withdraw from purchases of digital content. By purchasing Credits you request immediate supply of the Credits. You acknowledge that you lose the right of withdrawal once the Credits are supplied, subject to mandatory consumer law. Refund requests must be made through the applicable app store under its policies.
- System changes: We may manage, regulate, change, or remove Credits and related features at any time to maintain integrity, comply with law, or improve the Service. If we change or discontinue the Credits system, we may, in our discretion, provide a reasonable transition (for example, converting Credits to a successor unit or offering a limited‑time usage period).
8. Intellectual Property
- Ownership: Excluding User Content, the Service (including software, UI, text, graphics, and trademarks) is owned by us and our licensors and is protected by IP laws. These Terms do not grant you any rights to our trademarks or other proprietary rights.
- License to you: Subject to these Terms, we grant you a limited, personal, non‑exclusive, non‑transferable, non‑sublicensable, revocable license to access and use the Service solely for your personal, non‑commercial use as intended and provided by us.
- Use restrictions: In addition to Section 4 (Acceptable Use), you will not (and will not permit others to): (a) copy, reproduce, distribute, publicly perform or display, or create derivative works of the Service or its content, except as expressly permitted by these Terms; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any component, except to the extent a restriction is prohibited by applicable law; (c) remove, alter, or obscure any proprietary notices; (d) sell, rent, lease, sublicense, transfer, assign, or otherwise commercially exploit the license or any rights in the Service; (e) access or use the Service to develop, train, or improve a competing product or service, or for benchmarking or competitive analysis that is not permitted by law; or (f) circumvent or attempt to circumvent any security, usage, or technical protection measures.
- Reservation of rights: Except for rights expressly granted in these Terms, we and our licensors reserve all rights, title, and interest in and to the Service and its content.
- Feedback: If you provide ideas, suggestions, or feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty‑free license to use and exploit such feedback for any purpose without restriction or compensation to you.
9. Third‑Party Services
We use third‑party service providers to help operate and improve the Service, including for hosting/authentication/storage, AI model processing (including text‑to‑speech for Audio Guides), mapping/places, notifications, and app stores/payments. Some features rely on third‑party services, and your use of those features may be subject to the third party's terms and privacy policies (for example, Apple App Store, Google Play, and Google Maps/Places). We do not control and are not responsible for third‑party websites, materials, products, or services, and we make no warranties regarding them; your use is at your own risk. You must comply with applicable third‑party terms where required.
If you enable location permissions, we may use your device location with Google Places to look up nearby places and enrich context for analysis and display. Use of mapping/places features is subject to the Google Maps/Google Earth Additional Terms of Service and the Google Privacy Policy.
App stores: Purchases and distribution are handled by app stores and are subject to their terms. You must comply with the applicable app store terms (for example, Apple Media Services Terms; Google Play Terms of Service). To the extent applicable law allows, Apple and Google are third‑party beneficiaries of these Terms with respect to the app you obtain through their stores.
App Store Sourced Application (Apple). If you access or download the app from the Apple App Store, you acknowledge and agree that: (a) these Terms are between you and us only, not Apple; (b) the license granted to you is limited to a non‑transferable license to use the app on Apple‑branded products you own or control and as permitted by the App Store Terms of Service; (c) Apple has no obligation to provide maintenance or support services with respect to the app; (d) to the extent any warranty is not effectively disclaimed, Apple is responsible only for any applicable refund of the purchase price (if any); Apple has no other warranty obligations whatsoever with respect to the app; (e) Apple is not responsible for addressing any claims by you or any third party relating to the app or your possession and/or use of the app, including product liability claims, failure to conform to legal or regulatory requirements, or claims arising under consumer protection, privacy, or similar legislation; (f) in the event of any third‑party claim that the app or your possession and use of the app infringes a third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement, and discharge of any such claim; (g) you represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and you are not listed on any U.S. Government list of prohibited or restricted parties; and (h) you must comply with applicable third‑party terms of agreement when using the app.
10. Privacy
Our Privacy Policy is incorporated by reference into these Terms and describes how we collect, use, and share information about you. Your use of the Service is subject to the Privacy Policy. We may update our Privacy Policy from time to time; your continued use of the Service after an update takes effect constitutes your acceptance of the updated Privacy Policy, consistent with applicable law.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND OTHER TERMS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON‑INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE SECURE, ACCURATE, RELIABLE, ERROR‑FREE, VIRUS‑FREE, OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. IF THE LAW OF THE COUNTRY WHERE YOU LIVE DOES NOT ALLOW ANY OF THE ABOVE EXCLUSIONS, THOSE EXCLUSIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF CERTAIN WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR ACCOUNT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100.
Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be limited or excluded under applicable law. If the law of the country where you live does not allow any limitation provided in this section, that limitation will not apply to the extent prohibited. Nothing in these Terms affects your statutory rights as a consumer.
13. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless us and our affiliates, licensors, service providers, contractors, permitted successors and assigns, and our and their respective officers, directors, employees, and agents (collectively, the "Covered Parties") from and against any and all third‑party claims, demands, actions, disputes, or proceedings, and all related losses, damages, liabilities, judgments, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- (a) your access to or use of the Service (including any products or services provided by a third party in connection with the Service, even if recommended, made available, or approved by us);
- (b) your User Content and any content or outputs you create with the Service that you post or share;
- (c) your breach of these Terms or violation of applicable law;
- (d) your violation, misappropriation, or infringement of any third‑party rights (including intellectual property, publicity, confidentiality, or privacy rights);
- (e) your negligence or willful misconduct; and
- (f) any property damage, personal injury, or death to the extent caused by your acts or omissions or by your breach of these Terms.
You must promptly notify us in writing of any claim that is subject to this Section, cooperate with us in the defense, and allow us to control the defense and settlement of the claim. We may, at our option, assume the exclusive defense and control of any matter otherwise subject to indemnification. You may not settle any claim without our prior written consent if the settlement imposes an obligation on any Covered Party, requires an admission of fault, or does not provide an unconditional release of the Covered Parties from all liability.
Your obligations under this Section are in addition to, and do not limit, any other remedies available to us under law. This Section survives termination or suspension of your account and termination of these Terms.
14. Export Controls, Sanctions, and Trade Compliance
EU‑first. You may not use the Service if you are located in, ordinarily resident in, or acting for a person or entity subject to EU restrictive measures (sanctions), or otherwise prohibited under EU export control or sanctions laws (including the EU Dual‑Use Regulation (EU) 2021/821). You must comply with all applicable EU export control and sanctions laws. We may restrict or terminate access where necessary to comply with law.
Acknowledgement of other regimes. The Service and related technology may be subject to export control and sanctions laws of other jurisdictions, including, where applicable, U.S. export and sanctions regimes (e.g., the Export Administration Regulations (EAR), Office of Foreign Assets Control (OFAC) programs, and the International Traffic in Arms Regulations (ITAR)). You represent and warrant that you are not located in, or ordinarily resident in, an embargoed or comprehensively sanctioned country or region and are not listed on EU or U.S. denied‑party or similar restricted‑party lists (including, for example, the U.S. Specially Designated Nationals, Denied Persons, or Entity Lists). You agree not to export, re‑export, transfer, or otherwise make available the Service or any related software or technical data in violation of applicable laws, and not to use the Service for any prohibited end use. We may suspend or terminate access to the Service, geoblock, or withhold purchases or features where necessary to comply with applicable law.
15. Changes to the Service or Terms
Service changes. We may update, change, suspend, or discontinue any aspect of the Service (temporarily or permanently), including features and functionalities. Where practicable, we will provide prior notice. We may make changes for reasons including improving the Service, security, legal or regulatory compliance, preventing abuse, or to reflect technical or business needs.
Terms updates and notice. We may update these Terms. If we make material changes, we will notify you in the app and update the "Effective date" at the top. Changes are effective immediately for new users and, for existing users, on or after the effective date stated in the notice. Your continued use of the Service after the changes take effect constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the Service and may delete your account.
Future acceptance. We may require an explicit, in‑app acceptance of updated Terms in the future where required by law or for certain features. This Section does not affect your mandatory consumer rights.
16. Governing Law; Dispute Resolution
- Governing law (EU/UK). These Terms and any non‑contractual disputes or claims are governed by the laws of the Republic of Latvia, excluding its conflict‑of‑law rules. If you are a consumer in the EEA or UK, you also benefit from any mandatory consumer protections of your country of residence; nothing in these Terms limits those rights.
- Informal resolution first. Before bringing a court action (or arbitration where applicable), the party seeking relief will email a written Notice of Dispute to [email protected] describing the claim and requested relief. If we cannot resolve the dispute within 60 days after the Notice is received, either party may bring a claim as permitted below.
- Courts (EU/UK). If you are a consumer in the EEA or UK, you may bring proceedings relating to these Terms in the courts of your country of residence, as required by applicable law.
- EU ODR platform and ADR. The European Commission's Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr/. We are not obliged and do not undertake to participate in dispute resolution before a consumer ADR body.
US/Canada Residents Only — Arbitration and Class Waiver
If you reside in the United States or Canada, any dispute or claim arising out of or relating to these Terms or the Service that is not brought in small‑claims court will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Rules. Arbitration will be conducted by video/teleconference only. The Federal Arbitration Act governs this agreement. YOU AND WE AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A CLASS OR REPRESENTATIVE ACTION, AND (WHERE PERMITTED BY LAW) YOU AND WE WAIVE A JURY TRIAL. Either party may seek non‑monetary, injunctive, or other equitable relief in court to protect intellectual property or stop alleged unlawful use of the Service. You may opt out of arbitration within 30 days of first accepting these Terms by emailing [email protected] with subject "Arbitration Opt‑Out" and your account email.
17. Contact; Notices; DMCA
Contact. You can contact us at: [email protected]. Postal mail: Cha Labs SIA, Eduarda Smiļģa iela 32 – 19, Rīga, LV-1002.
Notices. We may provide notices to you in the app and update the "Effective date" or notice areas within the Service (for example, in Settings or Help). You consent to receive these communications electronically. Legal notices to us should be sent to the postal address above and/or to [email protected].
Copyright (DMCA). If you believe material on the Service infringes your copyright, send a notice to our Copyright Agent at [email protected] or by mail to Cha Labs SIA, Eduarda Smiļģa iela 32 – 19, Rīga, LV-1002 that includes: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material; (d) your contact information, including your name, address, telephone number, and email address; (e) a statement that you have a good‑faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Counter‑Notice. If you believe your content was removed or disabled by mistake or misidentification, you may send a counter‑notice to the Copyright Agent that includes: (a) your physical or electronic signature; (b) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good‑faith belief that the content was removed or disabled as a result of mistake or misidentification of the content; (d) your name, address, and telephone number; and (e) your consent to the jurisdiction of the courts competent for your address (or, if you are outside the U.S., another competent court) and that you will accept service of process from the person who provided the original notice.
Repeat Infringers. It is our policy to terminate, in appropriate circumstances, users who are repeat infringers.
Misrepresentation. If you knowingly materially misrepresent that material or activity is infringing, you may be liable for damages under applicable law.
18. Survival
The following provisions, and any others that by their nature should survive, will survive termination of these Terms or your account: Section 3 (as to licenses necessary to operate the Service until content is deleted from our systems, reasonable backups, and as to previously produced or distributed materials under any marketing/publicity license), Section 7 (payment and credits obligations accrued before termination), Section 8 (Intellectual Property), Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Export Controls, Sanctions, and Trade Compliance), Section 16 (Governing Law; Dispute Resolution), Section 17 (Contact; Notices; DMCA), Section 19 (Miscellaneous), and this Section 18. The Privacy Policy continues to apply to information we already hold, according to its terms.
19. Miscellaneous
- Entire agreement. These Terms constitute the entire agreement between you and us regarding the Service and supersede any prior or contemporaneous agreements on the same subject.
- Severability. If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
- No waiver. Our failure to enforce any provision is not a waiver of our right to do so later. A waiver must be in writing and signed by us.
- Assignment. You may not assign or transfer these Terms (or your rights or obligations) without our prior written consent. We may assign or transfer these Terms at any time, including in connection with a merger, acquisition, or sale of assets.
- No third‑party beneficiaries. There are no third‑party beneficiaries to these Terms, except as expressly stated in Section 9 with respect to app store providers.
- Force majeure. We will not be liable for any delay or failure to perform due to events beyond our reasonable control (for example, natural disasters, acts of government, war, terrorism, labor conditions, internet or utility failures, or failures of third‑party service providers).
- Language/Translations. The controlling language of these Terms is English. Any translations are provided for convenience only. In the event of a conflict, the English version controls.
- Relationship. Nothing in these Terms creates an agency, partnership, joint venture, employment, or franchise relationship between you and us, and neither party has authority to bind the other.
If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.