Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Terrapin, LLC ("Terrapin Lab," "Company," "we," "us," or "our") concerning your access to and use of our mobile applications, including SiteScope, Draftly, Hark, and Shush Baby (collectively, the "Apps"), and any related services provided by Terrapin Lab.
By downloading, installing, accessing, or using our Apps, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Apps.
Eligibility
You must be at least 13 years of age to use our Apps. By using our Apps, you represent and warrant that you meet this age requirement. If you are under 18 years of age, you must have permission from a parent or legal guardian to use our Apps.
By agreeing to these Terms, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the terms and conditions set forth herein.
License to Use
Subject to your compliance with these Terms, Terrapin Lab grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our Apps on a device that you own or control for your personal, non-commercial use.
License Restrictions
You agree not to:
- Copy, modify, or create derivative works of the Apps
- Reverse engineer, decompile, or disassemble the Apps
- Remove, alter, or obscure any proprietary notices on the Apps
- Use the Apps for any commercial purpose without our written consent
- Rent, lease, lend, sell, sublicense, or transfer the Apps
- Use the Apps in any manner that could damage, disable, overburden, or impair our servers or networks
- Attempt to gain unauthorized access to any portion of the Apps or related systems
User Accounts
Some features of our Apps may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or incomplete, or if you violate these Terms.
User Content
Our Apps may allow you to create, upload, post, send, receive, and store content, including but not limited to text, images, audio, video, and other materials ("User Content").
Ownership
You retain all ownership rights to your User Content. By submitting User Content through our Apps, you grant Terrapin Lab a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with operating and providing the Apps.
Responsibility for User Content
You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to your User Content and that your User Content does not violate any third-party rights or applicable laws.
Prohibited Content
You agree not to upload, post, or transmit any User Content that:
- Is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
- Infringes any intellectual property or other proprietary rights
- Contains viruses, malware, or other harmful code
- Impersonates any person or entity or misrepresents your affiliation with a person or entity
- Violates the privacy or publicity rights of any third party
Intellectual Property Rights
The Apps and all content, features, and functionality, including but not limited to software, text, graphics, logos, icons, images, audio clips, and video clips, are owned by Terrapin Lab or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent. All other trademarks not owned by us that appear in the Apps are the property of their respective owners.
Third-Party Services and Links
Our Apps may contain links to third-party websites or services that are not owned or controlled by Terrapin Lab. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
You acknowledge and agree that Terrapin Lab shall not be responsible or liable for any damage or loss caused by or in connection with the use of any third-party content, goods, or services available on or through such websites or services.
Subscription and Payment Terms
Some features of our Apps may be offered on a subscription basis or require payment. If you choose to purchase a subscription or paid feature:
- You agree to pay all applicable fees and charges
- Subscriptions automatically renew unless canceled before the renewal date
- All fees are non-refundable unless otherwise stated or required by law
- We reserve the right to change pricing with advance notice
- Payment processing is handled through the Apple App Store or Google Play Store according to their respective terms
Privacy
Your use of our Apps is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection and use of your information.
Disclaimer of Warranties
THE APPS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
TERRAPIN LAB DOES NOT WARRANT THAT THE APPS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APPS OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TERRAPIN LAB, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- Your access to or use of or inability to access or use the Apps
- Any conduct or content of any third party on the Apps
- Unauthorized access, use, or alteration of your transmissions or content
- Any other matter relating to the Apps
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Indemnification
You agree to defend, indemnify, and hold harmless Terrapin Lab and its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Apps.
Termination
We may terminate or suspend your access to our Apps immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Apps will immediately cease.
You may terminate your account at any time by discontinuing use of the Apps and deleting them from your devices. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
Dispute Resolution
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Terrapin Lab is registered, without regard to its conflict of law provisions.
Arbitration Agreement
Any dispute arising out of or relating to these Terms or the Apps shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that you may assert claims in small claims court if your claims qualify.
Class Action Waiver
You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in a class action lawsuit or class-wide arbitration.
Changes to Terms
We reserve the right to modify or replace these Terms at any time at our sole discretion. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect through the Apps or via email. Material changes will also be indicated by updating the "Last Updated" date at the top of these Terms.
By continuing to access or use our Apps after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Apps.
Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Entire Agreement
These Terms, together with our Privacy Policy and EULA, constitute the entire agreement between you and Terrapin Lab regarding the use of our Apps and supersede all prior agreements and understandings, whether written or oral.
Contact Information
If you have any questions about these Terms of Service, please contact us:
Terrapin, LLC
Email: legal@terrapinlab.com
Support: support@terrapinlab.com
Website: terrapinlab.com