PlotWings Terms of Service
Effective Date: October 28, 2025
Last Updated: October 28, 2025
Company: Further Theory, LLC
Address:
6 Liberty Square
#2327
Boston, MA 02109
United States
Online Form: plotwings.com/support
Website: plotwings.com
This Agreement governs your use of the PlotWings mobile application and related services (the "App," "Service," or "Platform"). By using the Service, you also agree to our Privacy Policy (incorporated by reference), which explains how we collect, use, and share data.
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IMPORTANT NOTICES
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• BINDING ARBITRATION & CLASS ACTION WAIVER: Section 22 contains binding arbitration and class action waiver provisions that affect your legal rights. You must first attempt informal resolution for 60 days before arbitration. Disputes are resolved by individual arbitration; jury trials and class actions are waived. You have 30 days to opt out.
• APPLE TERMS APPLY: You also agree to Apple's Terms of Service for Sign in with Apple, In-App Purchase, and App Store.
• AGE REQUIREMENT: You must be 13+ to use the App (or younger with parental consent via Apple Family Sharing).
• AI-GENERATED CONTENT: The App uses artificial intelligence. AI outputs may contain inaccuracies and are not professional advice. See Section 6.
• NO WARRANTY: The App is provided "as is" with no warranties. See Section 11.
• TIME LIMIT: Claims must be filed within 1 year. See Section 21.
By downloading, installing, accessing, or using the App, you accept this Agreement. If you disagree, do not use the App.
Read our Privacy Policy at plotwings.com/app-privacy-policy (incorporated by reference) for information about data collection and privacy practices.
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TABLE OF CONTENTS
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1. Definitions
2. Acceptable Use & Prohibited Conduct
3. Eligibility & Account Requirements
4. Account Management & Security
5. Licenses & Intellectual Property
6. AI-Generated Content & Disclaimers
7. User-Generated Content (Future)
8. Subscriptions & In-App Purchases
9. Promotional Offers & Discount Codes
10. Trademarks & Copyright Protection
11. Disclaimers of Warranties
12. Limitation of Liability
13. Indemnification
14. Third-Party Services & Links
15. Beta Features & TestFlight
16. Privacy & Data Protection
17. Changes to this Agreement
18. Termination & Suspension
19. Account Inactivity & Dormancy
20. Biometric Authentication
21. Time Limit to Bring Claims
22. Dispute Resolution & Arbitration
23. Apple-Specific Terms
24. General Provisions
25. Governing Law & Jurisdiction
26. Contact Information
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1. DEFINITIONS
"Account" means your user account created via Sign in with Apple.
"Apple" means Apple Inc. and its subsidiaries.
"Content" means text, images, audio, video, software, data, and other materials.
"Personal Data" means information about an identified or identifiable individual.
"Premium Features" means subscription-only features and content.
"Service Providers" means third-party companies we use to provide the Service (e.g., cloud hosting, analytics, subscription management, AI services).
"User Content" or "UGC" means Content you submit, create, upload, or generate through the App.
"We," "us," "our" means Further Theory, LLC.
"You," "your" means the user of the App.
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2. ACCEPTABLE USE & PROHIBITED CONDUCT
2.1 General Restrictions. You may not:
(a) Violate any applicable law, regulation, court order, or contractual obligation
(b) Infringe intellectual property, privacy, publicity, or other proprietary rights
(c) Create, upload, transmit, or generate illegal, fraudulent, defamatory, obscene, exploitative, or hateful Content
(d) Depict, solicit, or distribute sexual content involving minors in any form
(e) Promote, encourage, or facilitate self-harm, suicide, violence, terrorism, or dangerous activities
(f) Harass, threaten, stalk, dox, bully, or intimidate any person
(g) Impersonate any person, entity, or falsely state or misrepresent your affiliation
(h) Introduce viruses, malware, trojans, worms, logic bombs, or other malicious code
(i) Interfere with, disrupt, or circumvent security features, rate limits, access controls, or authentication mechanisms
(j) Reverse engineer, decompile, disassemble, or attempt to derive source code from the App
(k) Use automated means (bots, scrapers, crawlers) to access, collect, or extract data without written permission
(l) Use App content to train machine learning models, build datasets, or create competing services
(m) Circumvent geo-blocking, regional restrictions, or technological protection measures
(n) Access or attempt to access accounts, systems, or networks without authorization
(o) Sell, rent, lease, sublicense, or commercialize access to the App or your Account
(p) Use the App for any commercial purpose without our written permission
(q) Violate Apple's App Store Review Guidelines, terms, or policies
(r) Engage in fraudulent activities, phishing, spam, or deceptive practices
(s) Post or transmit unsolicited advertisements, promotional materials, or spam
(t) Collect or harvest personal information of other users without consent
2.2 Content Guidelines. You may not create, view, share, or solicit Content that:
(a) Violates age ratings or is inappropriate for the App's target audience
(b) Contains graphic violence, gore, or disturbing imagery
(c) Promotes illegal drugs, weapons, or dangerous substances
(d) Facilitates illegal gambling or betting
(e) Contains misinformation about elections, voting, or public health emergencies
(f) Violates our content policies (available in-app and on our website)
2.3 AI Misuse. You may not:
(a) Attempt to manipulate AI systems to generate prohibited content
(b) Use AI outputs to harm, defraud, or deceive others
(c) Claim AI-generated content as human-created where disclosure is required by law
(d) Use prompts designed to evade content filters or safety mechanisms
2.4 No Endorsement or Partnership Claims. You may not:
(a) Claim endorsement, sponsorship, or partnership with Further Theory or Apple without written permission
(b) Use our name, logo, or trademarks in your business name, products, or marketing
(c) Suggest affiliation, approval, or connection that does not exist
2.5 Competition Restrictions. If you are an employee, contractor, or representative of Further Theory:
(a) You may not use the App or access to Service data to build competing products or services
(b) You may not solicit our users, employees, or partners for competing businesses
(c) Confidentiality obligations continue after employment/engagement ends
2.6 Enforcement & Remedies. We reserve the right to:
(a) Investigate suspected violations
(b) Remove, refuse, restrict, or modify Content
(c) Suspend or terminate Accounts
(d) Report illegal activity to law enforcement and cooperate with investigations
(e) Preserve and disclose information as required or permitted by law
(f) Take legal action to enforce this Agreement and protect our rights
Violations may result in immediate termination without refund and potential legal action.
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3. ELIGIBILITY & ACCOUNT REQUIREMENTS
3.1 Age Requirements.
MINIMUM AGE: You must be at least 13 years old to use the App.
The App is rated 13+ on the App Store.
PARENTAL CONSENT FOR MINORS: If you are 13+ but under 18 (or the age of majority in your jurisdiction):
• A parent or legal guardian must consent to this Agreement
• The parent/guardian is responsible for your activities and compliance
• The parent/guardian is responsible for all purchases and charges
FAMILY SHARING FOR CHILDREN UNDER 13: Children under 13 may only use the App if:
• They are part of an Apple Family Sharing account, AND
• Their parent/guardian has consented to their use, AND
• We have not been notified that the child lacks proper consent
COPPA COMPLIANCE: If we learn a user is under 13 without proper parental consent, we will immediately disable the Account and delete associated personal data per our Privacy Policy and applicable law.
3.2 Capacity & Authority.
You represent and warrant that:
(a) You have the legal capacity and authority to enter into this Agreement
(b) If entering on behalf of a company or organization, you have authority to bind that entity
(c) Your use of the App does not violate any agreement to which you are a party
3.3 One Account Per Person. You may only create and maintain one Account per person. Multiple accounts for a single individual are prohibited.
3.4 Account Eligibility Restrictions. You may not create or use an Account if:
(a) We previously terminated or suspended your Account for violations
(b) You are prohibited from using the Service by law or court order
(c) You are located in a country subject to U.S. embargo or sanctions, or designated by the U.S. Government as a "terrorist supporting" country
(d) You are on a U.S. government prohibited or restricted parties list, including the Treasury Department's Specially Designated Nationals List, the Commerce Department's Denied Persons List or Entity List, or any other restricted parties list
3.5 Verification. We reserve the right to verify your eligibility and may request additional information or documentation. Failure to provide requested information may result in Account suspension or termination.
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4. ACCOUNT MANAGEMENT & SECURITY
4.1 Sign in with Apple Authentication.
The App uses Sign in with Apple for authentication. By using the App, you agree to:
• Apple's Terms of Service: https://www.apple.com/legal/internet-services/itunes/
• Apple's Privacy Policy: https://www.apple.com/legal/privacy/
INFORMATION WE RECEIVE FROM APPLE:
• Unique user identifier (app-specific, not your Apple ID)
• Email address you choose to share (may be a private relay address)
• Name (if you choose to share; you may hide it)
INFORMATION WE DO NOT RECEIVE:
• Your Apple ID password
• Your payment information
• Your full Apple profile or data from other Apple services
• Your device's IDFA (unless you explicitly grant tracking permission)
4.2 Account Security Responsibilities.
YOU ARE RESPONSIBLE FOR:
(a) Maintaining the security and confidentiality of your Apple ID
(b) All activities that occur under your Account, whether authorized or not
(c) Notifying Apple immediately of any unauthorized access, use, or security breach of your Apple ID
(d) Ensuring your device is secure and not shared with unauthorized persons
(e) Logging out on shared or public devices
(f) Keeping your device's biometric security settings (Face ID, Touch ID) secure
WE ARE NOT RESPONSIBLE FOR:
• Unauthorized access resulting from your failure to secure your Apple ID
• Losses due to stolen or compromised credentials
• Activities of third parties who access your Account with your credentials
For Apple ID security issues, contact Apple Support. We do not control your Apple ID or authentication.
4.3 Two-Factor Authentication. We strongly recommend enabling two-factor authentication on your Apple ID for enhanced security. Apple provides instructions at: https://support.apple.com/en-us/HT204915
4.4 Session Management.
(a) Sessions may expire after a period of inactivity for security purposes
(b) You may be required to re-authenticate after session expiration
(c) Active sessions on other devices may be terminated if we detect suspicious activity
(d) You can view and manage active sessions in your Apple ID settings
4.5 Account Monitoring. We may monitor Account activity for:
(a) Security purposes (detecting fraud, abuse, unauthorized access)
(b) Compliance with this Agreement
(c) Service improvement and troubleshooting
(d) Legal compliance and responding to legal requests
4.6 Suspicious Activity. If we detect suspicious or potentially unauthorized activity:
(a) We may temporarily suspend your Account pending investigation
(b) We may require additional verification before restoring access
(c) We may notify you via email or in-app notification
(d) We may report suspected criminal activity to law enforcement
4.7 Account Deletion.
TO DELETE YOUR ACCOUNT:
IN-APP: Settings → Account → Delete Account
Online Form: plotwings.com/support (subject: "Delete My Account")
DELETION TIMELINE: We process deletion requests within 30 days.
WHAT GETS DELETED:
• Your Account profile and preferences
• Your reading history and progress
• User-generated content you created
• Analytics data linked to your Account (within retention periods)
WHAT DOES NOT GET DELETED:
• Your Apple ID (managed by Apple at https://privacy.apple.com)
• Purchase history held by Apple (required for Apple's records)
• Data required for legal, tax, or regulatory compliance
• Aggregated or anonymized data that no longer identifies you
• Data subject to legal holds or pending disputes
SUBSCRIPTION CANCELLATION: Deleting your Account does NOT automatically cancel subscriptions. You must cancel separately via Apple (see Section 8.4).
EFFECT OF DELETION:
• You lose access to the App and all Premium Features
• Reading progress is permanently deleted and cannot be recovered
• You cannot create a new Account with the same email for 90 days (fraud prevention)
See our Privacy Policy for detailed information about data deletion and retention.
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5. LICENSES & INTELLECTUAL PROPERTY
5.1 Content Ownership & Types.
PLOTWINGS CONTENT: All stories, artwork, text, graphics, code, user interface, designs, logos, trademarks, and other materials provided by us are owned by Further Theory, LLC or our licensors ("PlotWings Content").
AI-GENERATED CONTENT: Content generated or assisted by artificial intelligence systems deployed in the App ("AI Content").
USER-GENERATED CONTENT: Content you submit, create, upload, or generate through the App ("User Content" or "UGC"). See Section 7.
5.2 Limited License to You.
Subject to your compliance with this Agreement, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to:
(a) Download, install, and use the App on devices you own or control
(b) Access and use the App for personal, non-commercial purposes
(c) View, access, and consume PlotWings Content and AI Content
(d) Use the App's features and functionality as intended
THIS LICENSE PERMITS:
• Installation on your personal iOS devices
• Use via Apple Family Sharing (if your subscription supports it)
• Offline access to downloaded content where provided
THIS LICENSE DOES NOT PERMIT:
• Installation on devices you do not own or control (except via Family Sharing)
• Commercial use, resale, or redistribution
• Public performance, display, or broadcast
• Creating derivative works
• Modifying, adapting, or reverse engineering the App
5.3 Intellectual Property Rights.
All right, title, and interest in and to the App, PlotWings Content, AI Content, and Service infrastructure are owned by Further Theory, LLC or our licensors and are protected by:
• Copyright laws (U.S. and international)
• Trademark laws
• Patent laws
• Trade secret laws
• Other intellectual property and proprietary rights laws
5.4 Restrictions on Use.
YOU MAY NOT:
(a) Copy, reproduce, download, or extract Content except through provided features
(b) Distribute, publicly perform, publicly display, or broadcast Content outside the App
(c) Create derivative works, modifications, or adaptations
(d) Remove, obscure, or alter copyright notices, trademarks, or proprietary legends
(e) Reverse engineer, decompile, disassemble, or derive source code
(f) Bypass, circumvent, or disable access controls, paywalls, or technological protection measures
(g) Use Content to train machine learning models or build datasets without written permission
(h) Frame, mirror, or replicate the App or Content on other websites or platforms
(i) Use automated tools (bots, scrapers, crawlers) to access or extract Content
(j) Rent, lease, sell, sublicense, assign, or transfer your license
(k) Use the App in violation of Apple's terms or policies
5.5 Content Availability & Geographic Restrictions.
We reserve the right to:
(a) Withdraw, remove, or restrict access to specific content at any time without liability
(b) Implement geographic restrictions or geo-blocking for content availability
(c) Modify, update, or discontinue content offerings without notice
(d) Restrict access to the App or content in certain countries or regions
Content availability may vary by region due to licensing restrictions, legal requirements, or business decisions. We are not liable for unavailability of content in your region.
5.6 Reservation of Rights.
Except for the express limited license granted in Section 5.2, all rights in and to the App and Content are expressly reserved by Further Theory, LLC and our licensors. No implied licenses are granted.
5.7 Feedback & Suggestions.
If you provide feedback, suggestions, ideas, or recommendations about the App ("Feedback"):
(a) You grant us a worldwide, perpetual, irrevocable, royalty-free, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, and display such Feedback for any purpose without compensation or attribution
(b) You waive any moral rights or other rights of attribution
(c) You represent that your Feedback does not violate any third-party rights
We have no obligation to use, implement, or respond to Feedback.
5.8 Media & Press Usage.
Unless you opt out, we may:
(a) Use screenshots, images, or descriptions of your lawfully posted User Content in marketing, press, or promotional materials
(b) Reference your use of the App in case studies, presentations, or media (without identifying you personally unless you consent)
To opt out of promotional usage, Online Form: plotwings.com/support.
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6. AI-GENERATED CONTENT & DISCLAIMERS
6.1 Nature of AI Technology.
The App uses artificial intelligence and machine learning technologies to generate, recommend, or personalize content. AI systems:
• Are probabilistic and may produce unpredictable results
• Learn from large datasets that may contain errors or biases
• May generate content similar to existing works or other users' outputs
• Cannot be guaranteed to be 100% accurate, original, or appropriate
6.2 Third-Party AI Providers.
We may use third-party AI models, APIs, or services. These providers:
• Have their own terms of service and privacy policies
• May experience downtime, latency, or performance issues
• May change features, pricing, or availability
• Process your prompts and inputs pursuant to our agreements with them
We are not responsible for third-party AI provider performance, availability, or changes.
6.3 No Guarantees or Warranties for AI Content.
AI-GENERATED CONTENT:
(a) May contain factual inaccuracies, errors, or misleading information
(b) May be similar to or duplicate content created for other users or existing copyrighted works
(c) Is provided "as is" without any warranties of accuracy, completeness, reliability, originality, or suitability
(d) May not be appropriate for all ages despite content filtering efforts
(e) May reflect biases, stereotypes, or viewpoints present in training data
(f) Should not be relied upon for important decisions without independent verification
Similarity to existing works does NOT indicate copying, infringement, or grant you any ownership rights in such works.
6.4 Ownership of AI-Generated Content.
FURTHER THEORY'S POSITION: AI Content generated through the App is owned by Further Theory, LLC or licensed to us. The legal landscape for AI-generated content ownership is evolving.
NO TRANSFER OF OWNERSHIP: Using AI features does NOT transfer ownership of AI Content outputs to you.
YOUR LICENSE: You receive only the limited license described in Section 5.2 to view and use AI Content for personal, non-commercial purposes within the App.
THIRD-PARTY CLAIMS: We make no representations that AI Content is free from third-party intellectual property claims. You assume all risks if you use AI Content outside the App.
6.5 Your Prompts & Inputs.
PURPOSE OF PROCESSING: To provide, secure, improve, and moderate the Service (including abuse prevention, quality improvements, feature development, and AI model training), you grant us the right to process, store, analyze, and use your:
(a) Prompts and instructions submitted to AI systems
(b) Inputs and queries
(c) Usage patterns and preferences
(d) Interactions with AI features
AI TRAINING: We may use aggregated, anonymized, or pseudonymized data derived from your prompts to train and improve AI models. See Section 6.10 for opt-out.
THIRD-PARTY AI PROVIDERS: Your prompts may be transmitted to third-party AI service providers pursuant to data processing agreements that restrict their use of your data. We do not sell your prompts or personal data to third parties for their own purposes.
See our Privacy Policy for detailed information about data processing.
6.6 Content Filtering & Moderation.
We may filter, modify, refuse to generate, or withhold AI outputs to:
(a) Comply with applicable laws and legal obligations
(b) Enforce this Agreement and our content policies
(c) Prevent generation of prohibited, harmful, or illegal content
(d) Protect rights, safety, and security
(e) Maintain age-appropriate content consistent with App Store rating
(f) Prevent abuse, spam, or system manipulation
You acknowledge that content filtering is imperfect and may:
• Block legitimate requests (false positives)
• Fail to block all inappropriate content (false negatives)
• Evolve over time as we improve safety systems
6.7 No Professional Advice.
AI-GENERATED CONTENT IS FOR ENTERTAINMENT AND EDUCATIONAL PURPOSES ONLY.
AI outputs DO NOT constitute and should NOT be relied upon as:
• Legal advice or legal opinions
• Medical, health, mental health, or therapeutic advice
• Financial, investment, tax, or accounting advice
• Professional counseling or crisis intervention
• Any other professional advice or services
ALWAYS CONSULT QUALIFIED PROFESSIONALS for important decisions, emergencies, or professional guidance.
If you are experiencing a mental health emergency, contact:
• 988 Suicide & Crisis Lifeline (U.S.): 988 or https://988lifeline.org
• Emergency services: 911 (U.S.) or your local emergency number
6.8 Your Responsibility & Assumption of Risk.
YOU ARE SOLELY RESPONSIBLE FOR:
(a) Your use of AI features and AI-generated content
(b) Verifying accuracy, completeness, and suitability of AI outputs before relying on them
(c) Evaluating whether AI content is appropriate for your purpose
(d) Ensuring compliance with applicable laws when using or sharing AI content
(e) Any consequences arising from your use, reliance upon, publication, or distribution of AI content
(f) Ensuring AI content is age-appropriate if you are a minor or sharing with minors
YOU ASSUME ALL RISKS associated with using AI features and AI-generated content.
6.9 AI Content Rights Clarification.
REDISTRIBUTION PROHIBITED: You may not redistribute, republish, sell, license, or commercially exploit AI Content generated through the App without our express written permission.
PERSONAL USE ONLY: Your license is limited to personal, non-commercial use within the App.
NO ASSIGNMENT: You may not assign or transfer any rights to AI Content.
6.10 AI Training Opt-Out (Where Applicable).
LIMITED OPT-OUT: Where technically feasible, you may request that your prompts NOT be used for AI model training by:
(a) Online Form: plotwings.com/support
(subject: "Opt Out of AI Training")
(b) Adjusting settings in-app if the feature becomes available
LIMITATIONS:
• Opt-out does not apply retroactively to previously collected data
• Opt-out may not be possible for all AI features (some require training data to function)
• Opt-out does not prevent use of aggregated or fully anonymized data
• Processing for service delivery, security, and abuse prevention continues
6.11 Evolving AI Regulations.
AI technology and its regulation are rapidly evolving. We will update this Agreement and our practices to comply with:
(a) EU AI Act and related regulations
(b) U.S. federal and state AI laws
(c) Other applicable AI governance frameworks
We will provide notice of material changes as described in Section 17.
6.12 AI Limitations & Failures.
AI features may:
(a) Fail to generate outputs for valid requests
(b) Experience downtime or degraded performance
(c) Produce outputs that are nonsensical, contradictory, or unusable
(d) Change in quality, speed, or availability over time
(e) Be discontinued entirely at our discretion
WE ARE NOT LIABLE for any such failures, changes, or limitations. See Sections 11-12.
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7. USER-GENERATED CONTENT (FUTURE FEATURES)
7.1 Ownership. You retain ownership of User Content you create or submit to the App.
7.2 License to Further Theory.
By submitting, posting, or creating User Content through the App, you grant Further Theory a worldwide, non-exclusive, transferable, sublicensable, royalty-free, perpetual, irrevocable license to:
(a) Host, store, cache, reproduce, and display your User Content
(b) Modify, adapt, reformat, resize, and translate your User Content (including for compatibility, moderation, and formatting purposes)
(c) Create derivative works based on your User Content
(d) Distribute, publicly display, publicly perform, and transmit your User Content
(e) Use your User Content to operate, promote, improve, and secure the Service
This license includes the right to use User Content for:
• Content discovery, recommendations, and personalization
• Content moderation and safety systems
• Training and improving AI models and algorithms (subject to Section 7.8)
• Marketing, advertising, and promotional materials
• Analytics and research
• Backups, disaster recovery, and business continuity
7.3 License Scope & Survival.
SCOPE: The license is worldwide and applies across all current and future media, platforms, and technologies.
SURVIVAL: The license survives termination of your Account for so long as reasonably necessary to:
(a) Maintain prior publications and public distributions
(b) Comply with legal obligations and preserve records
(c) Operate disaster recovery, backups, and archival systems for a commercially reasonable period
(d) Honor sublicenses granted before termination
7.4 Moral Rights.
To the fullest extent permitted by law, you:
(a) Waive any moral rights (including rights of attribution, integrity, and withdrawal) in your User Content
(b) Consent to any distortion, mutilation, modification, or use of your User Content that would otherwise violate moral rights
Where such waiver is not permitted by law, you:
(a) Agree not to assert moral rights against Further Theory, our licensees, successors, or assigns
(b) Consent to any act or omission that might otherwise violate your moral rights
7.5 Representations & Warranties.
You represent and warrant that:
(a) You own or have all necessary rights, licenses, and permissions to submit your User Content and grant the license in Section 7.2
(b) Your User Content is lawful, accurate, and does not violate any law, regulation, or contractual obligation
(c) Your User Content does not infringe or violate any intellectual property, privacy, publicity, or other proprietary rights of any third party
(d) Your User Content complies with this Agreement and our content policies
(e) You have obtained all necessary consents, releases, and permissions for any third-party content included in your User Content (including from any individuals depicted)
(f) If your User Content contains personal information about others, you have their consent to share it
7.6 Content Moderation & Safety.
WE MAY (but are not obligated to):
(a) Review, screen, monitor, or filter User Content before or after publication
(b) Refuse, reject, block, remove, restrict access to, or modify User Content at our sole discretion
(c) Use automated tools, AI systems, and human review for content moderation
(d) Take action on User Content for any reason, including:
• Violations of this Agreement or content policies
• Legal compliance or response to legal requests
• Safety, security, or integrity concerns
• Community standards or user reports
• Technical or operational reasons
(e) Preserve and disclose User Content when required or permitted by law
CONTENT MODERATION DOES NOT CREATE AN OBLIGATION: Our exercise of content moderation rights does not make us responsible for User Content or obligate us to moderate all content.
7.7 Content Moderation Appeals.
If we remove, restrict, or take action on your User Content, you may appeal by:
APPEAL PROCESS:
(a) Online Form: plotwings.com/support within 14 days of the moderation action
(b) Include: Your account information, description of the content, reason you believe the decision was incorrect, and any supporting information
(c) We will review your appeal and respond within a reasonable timeframe (typically 7-14 business days)
(d) Our decision on appeal is final and at our sole discretion
We may uphold, modify, or reverse our initial decision.
REPEAT VIOLATIONS: Repeated violations may result in Account suspension or termination without further appeal opportunities.
7.8 Use of User Content for AI Training.
DEFAULT: We may use User Content (including prompts, inputs, and outputs) to train, test, and improve AI models and algorithms, subject to:
(a) Aggregation, anonymization, or pseudonymization where feasible
(b) Compliance with applicable privacy laws
(c) Our Privacy Policy
OPT-OUT: To opt out of AI training use, Online Form: plotwings.com/support (subject: "User Content AI Training Opt-Out"). Opt-out:
• Is not retroactive
• Does not prevent use of aggregated/anonymized data
• Does not prevent processing for service delivery, moderation, or security
7.9 User-to-User Interactions.
If community features are enabled (comments, forums, profiles, sharing):
YOUR RESPONSIBILITY: You are solely responsible for your interactions, communications, and relationships with other users.
NOT A PARTY: We are not a party to disputes, agreements, or relationships between users.
DISCRETIONARY INTERVENTION: We may, but are not obligated to, intervene in disputes to enforce this Agreement or protect safety.
REPORTING: Report violations, abuse, or concerns to Online Form: plotwings.com/support or via in-app reporting tools.
NO VETTING: We do not vet, screen, or verify users. Exercise caution and common sense when interacting with others.
7.10 User Content Backup & Loss.
BACKUP RESPONSIBILITY: You are solely responsible for backing up your User Content. We are not a backup service.
DATA LOSS RISK: User Content may be lost due to:
• Account termination or deletion
• Technical failures, bugs, or errors
• Service disruptions or downtime
• Content moderation or removal
• Third-party service provider failures
WE ARE NOT LIABLE for lost, corrupted, or inaccessible User Content. See Sections 11-12.
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8. SUBSCRIPTIONS & IN-APP PURCHASES
8.1 Apple In-App Purchase System.
ALL SUBSCRIPTIONS AND PURCHASES are processed through Apple's In-App Purchase (IAP) system.
By subscribing or purchasing, you agree to:
• Apple's Terms of Service: https://www.apple.com/legal/internet-services/itunes/
• Apple's Licensed Application End User License Agreement (EULA)
• This Agreement
IMPORTANT: We do NOT control billing, payment processing, refunds, or pricing display. Apple controls all payment functions.
We use third-party subscription management services to track subscription status and enable Premium Features, but we do NOT process payments directly.
8.2 Subscription Plans & Features.
AVAILABLE PLANS: Subscription plans grant access to Premium Features as described in the App at the time of purchase, which may include:
• Unlimited access to stories and content
• Premium AI features
• Ad-free experience (if applicable)
• Early access to new features
• Cross-device synchronization
• Offline downloads
• Other premium functionality
Plan details, features, and pricing are displayed in-app before purchase.
PLAN CHANGES: We reserve the right to modify plan features, add new tiers, or discontinue plans with advance notice. Existing subscribers' features will not be materially reduced during their paid term unless required by law or unavoidable circumstances.
8.3 Auto-Renewal & Charges.
AUTO-RENEWAL: Subscriptions automatically renew at the end of each billing period (weekly, monthly, annually, or other term) UNLESS you cancel at least 24 hours before renewal.
CHARGES: Apple will charge your iTunes Account:
(a) At confirmation of purchase (initial subscription or trial conversion)
(b) Within 24 hours prior to the end of the current period (renewals)
You authorize Apple to charge your payment method on file for recurring subscription fees.
PRICE AT RENEWAL: You will be charged the then-current price at renewal, which may differ from your original price (see Section 8.7).
8.4 Managing & Canceling Subscriptions.
TO VIEW, MODIFY, OR CANCEL:
ON iPHONE/iPAD:
1. Open Settings app
2. Tap your name (at top)
3. Tap "Subscriptions"
4. Select "PlotWings"
5. Manage or cancel
VIA APP STORE APP:
1. Open App Store
2. Tap profile icon (top right)
3. Tap "Subscriptions"
4. Select "PlotWings"
5. Manage or cancel
ON WEB:
Visit https://apps.apple.com/account/subscriptions
EFFECTIVE DATE: Cancellation takes effect at the end of the current billing period. You retain access to Premium Features until that date.
NO PARTIAL REFUNDS: No refunds or credits for partial billing periods, except as required by Apple's policies or applicable law.
8.5 Free Trials & Promotional Periods.
AVAILABILITY: We may offer free trials or promotional periods (e.g., 7 days, 14 days, 1 month).
TERMS: Trial terms are displayed at signup, including:
• Duration of trial
• Features included
• Price upon conversion
• When charges begin
AUTO-CONVERSION: Unless you cancel before the trial ends, your trial will automatically convert to a paid subscription and Apple will charge your account.
ELIGIBILITY: Free trials are typically available only to new subscribers. Prior subscribers, users who previously trialed, or users who cancel and re-subscribe may not be eligible for additional trials.
TRIAL TERMS CONTROL: Specific trial offer terms presented at signup control over these general provisions if there is a conflict.
8.6 Subscription Pause/Hold (If Supported).
If Apple enables subscription pause functionality for the App:
PAUSE OPTION: You may be able to pause your subscription for a limited period without losing your subscription benefits or pricing.
PAUSE TERMS: Pause duration, limitations, and conditions are displayed when you select pause.
BILLING: You will not be charged during the pause period.
RESUMPTION: Your subscription automatically resumes at the end of the pause period unless you cancel.
This feature is controlled by Apple and subject to Apple's terms.
8.7 Price Changes.
NEW SUBSCRIBERS: We may change subscription prices for new subscribers at any time.
EXISTING SUBSCRIBERS: For price increases affecting existing subscribers:
(a) We will provide advance notice (typically 30 days or as required by law)
(b) Notice will be via email to your registered address and/or in-app notification
(c) Apple will notify you of the increase and may require your consent to continue
(d) If you do not consent, your subscription will not renew at the increased price
(e) You may cancel before the increase takes effect to avoid the new price
Price changes take effect on your next renewal after notice.
8.8 Taxes & Fees.
INCLUDED IN PRICE: Displayed prices in the App Store include applicable taxes as calculated by Apple based on your billing address and local regulations.
YOUR RESPONSIBILITY: You are responsible for any taxes, duties, or fees associated with your purchase as required by applicable law.
TAX COLLECTION: Apple or its designated merchant of record collects and remits taxes.
8.9 Subscription Status & Service.
SUBSCRIPTION MANAGEMENT SERVICE: We use third-party subscription management services that:
(a) Receive subscription event data from Apple (purchases, renewals, cancellations, refunds)
(b) Enable us to activate or deactivate Premium Features based on subscription status
(c) Act as data processors on our behalf (see Privacy Policy)
SUBSCRIPTION SYNCING: Your subscription status syncs across devices signed in with the same Apple ID.
DELAYS: There may be brief delays between Apple processing your subscription and Premium Features activating. Contact support if delays exceed 1 hour.
8.10 Refunds & Returns.
CRITICAL: ALL REFUNDS ARE HANDLED BY APPLE, NOT FURTHER THEORY.
We do NOT have the ability to:
• Issue refunds
• Override Apple's refund decisions
• Credit your account directly
• Guarantee refund approval
TO REQUEST A REFUND FROM APPLE:
ONLINE:
1. Visit https://reportaproblem.apple.com
2. Sign in with your Apple ID
3. Find your PlotWings purchase
4. Select "Report a Problem"
5. Follow Apple's refund request process
OR CONTACT APPLE SUPPORT:
https://support.apple.com
APPLE'S DISCRETION: Apple has sole discretion to approve or deny refund requests according to Apple's refund policy: https://www.apple.com/legal/internet-services/itunes/
MANDATORY CONSUMER PROTECTIONS: In jurisdictions with mandatory consumer protection laws providing refund rights (e.g., EU 14-day withdrawal right, Australian Consumer Law), those rights prevail. Apple handles compliance with such laws.
OUR ROLE: If Apple approves a refund:
• We receive notification from our subscription management service
• We deactivate Premium Features associated with the refunded subscription
• We cannot restore access if you disagree with Apple's decision
8.11 Payment Failures & Declined Charges.
If Apple cannot process your subscription renewal payment:
(a) Apple will attempt to collect payment multiple times
(b) Apple will notify you of the payment issue
(c) Your Premium Features may be downgraded or disabled
(d) Your subscription may be canceled automatically
To resolve: Update your payment method in Apple ID settings.
8.12 Apple Family Sharing (If Supported).
AVAILABILITY: If your subscription plan supports Apple Family Sharing:
• Up to 6 family members can share the subscription (per Apple's Family Sharing terms)
• Family organizer manages sharing settings
• Each family member needs their own Apple ID
ELIGIBILITY: Not all subscription plans may be eligible for Family Sharing. Check the App Store listing for your plan.
FAMILY ORGANIZER RESPONSIBILITY: The family organizer is responsible for all purchases and charges incurred by family members.
LIMITATIONS: Family Sharing is subject to Apple's terms and geographic restrictions.
8.13 Restore Purchases.
If you reinstall the App or sign in on a new device:
(a) Premium Features should automatically restore via your Apple ID
(b) You must sign in with the same Apple ID used for the original purchase
(c) If needed, tap "Restore Purchases" in the App (typically in Settings)
LIMITATIONS:
• Purchases cannot be restored across different Apple IDs
• Restored access depends on active subscription status
• Some content may require re-download
8.14 Gift Subscriptions & Promo Codes.
If we offer gift subscriptions or promotional codes:
REDEMPTION: Follow redemption instructions provided with the code.
TERMS: Each code has specific terms, including:
• Duration of access
• Features included
• Expiration date (if applicable)
• Eligibility restrictions
NON-TRANSFERABLE: Codes are generally non-transferable and may be limited to one use per user.
NO CASH VALUE: Codes have no cash value and cannot be exchanged for cash or credit.
VOID IF PROHIBITED: Codes are void where prohibited or restricted by law.
AUTO-RENEWAL DISCLOSURE (displayed at purchase):
"Payment will be charged to your Apple ID at confirmation of purchase. Subscription automatically renews unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription price. Manage and cancel subscriptions in your Apple account settings. For refund requests, contact Apple at reportaproblem.apple.com. All fees are non-refundable except as required by Apple's policies or applicable law."
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9. PROMOTIONAL OFFERS & DISCOUNT CODES
9.1 Offers at Our Discretion. We may offer promotions, discounts, special pricing, or limited-time offers at our sole discretion.
9.2 Offer Terms. Each promotional offer has specific terms, which may include:
(a) Eligibility restrictions (new users only, specific regions, etc.)
(b) Duration and expiration dates
(c) Usage limitations (one per user, non-transferable, etc.)
(d) Combination restrictions (cannot combine with other offers)
(e) Specific features or plans covered
9.3 Modifications. We reserve the right to modify, suspend, or terminate any promotional offer at any time with or without notice.
9.4 No Cash Value. Promotional offers, discounts, and codes have no cash value and cannot be redeemed for cash or credit.
9.5 Fraud Prevention. We may void promotional offers obtained through fraud, abuse, or violation of offer terms.
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10. TRADEMARKS & COPYRIGHT PROTECTION
10.1 Trademarks.
"PlotWings," "Further Theory," and associated logos, service marks, product names, and trade dress are trademarks, registered trademarks, or trade dress of Further Theory, LLC in the United States and/or other countries.
You may not:
(a) Use our trademarks without prior written permission
(b) Register domain names, social media handles, or business names containing our trademarks
(c) Use marks confusingly similar to our trademarks
(d) Use our trademarks in a manner that disparages or dilutes our brand
10.2 Copyright Infringement (DMCA Safe Harbor).
We respect intellectual property rights and comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.
IF YOU BELIEVE CONTENT IN THE APP INFRINGES YOUR COPYRIGHT:
Submit a DMCA takedown notice to our designated Copyright Agent:
Online Form: plotwings.com/support
SUBJECT: "DMCA Takedown Notice"
POSTAL MAIL:
6 Liberty Square
#2327
Boston, MA 02109
United States
ATTN: Copyright Agent / DMCA
YOUR NOTICE MUST INCLUDE:
1. Identification of the copyrighted work claimed to have been infringed (or representative list if multiple works)
2. Identification of the allegedly infringing material and its location in the App (with sufficient detail for us to locate it)
3. Your contact information: name, address, telephone number, email address
4. A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
5. 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
6. Your physical or electronic signature
YOU MAY ALSO SUBMIT DMCA NOTICES TO APPLE:
Apple Inc.
Attn: Copyright Agent
One Apple Park Way
Cupertino, CA 95014
Email: appstorenotices@apple.com
https://www.apple.com/legal/internet-services/itunes/appstorenotices/
10.3 DMCA Counter-Notice.
If your content was removed due to a DMCA takedown notice and you believe the removal was erroneous or that you have authorization to use the content:
Submit a DMCA counter-notice to our Copyright Agent (contact info above).
YOUR COUNTER-NOTICE MUST INCLUDE:
1. Identification of the removed material and its location before removal
2. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
3. Your name, address, telephone number, and email address
4. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or the District of Delaware if your address is outside the United States)
5. A statement that you will accept service of process from the party that filed the original takedown notice (or their agent)
6. Your physical or electronic signature
RESTORATION TIMELINE: If we receive a proper counter-notice, we may restore the content within 10-14 business days unless the original complainant files a court action.
10.4 Repeat Infringer Policy.
We will terminate the Accounts of users who are repeat infringers in accordance with the DMCA and our policies.
DETERMINATION: Repeat infringer status is determined at our sole discretion based on:
(a) Number and severity of infringement notices received
(b) User's response to notices
(c) Evidence of willful or knowing infringement
(d) Prior warnings or temporary suspensions
10.5 Misrepresentations.
Knowingly making material misrepresentations in a DMCA notice or counter-notice may result in:
(a) Liability for damages under 17 U.S.C. § 512(f)
(b) Account termination
(c) Legal action
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11. DISCLAIMERS OF WARRANTIES
11.1 "AS IS" and "AS AVAILABLE".
THE APP AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FURTHER THEORY, APPLE, AND OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, "FURTHER THEORY PARTIES") DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
• IMPLIED WARRANTIES OF MERCHANTABILITY
• IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
• IMPLIED WARRANTIES OF NON-INFRINGEMENT
• IMPLIED WARRANTIES OF TITLE
• IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE
• WARRANTIES OF QUIET ENJOYMENT
• WARRANTIES OF ACCURACY OR RELIABILITY
• WARRANTIES OF UNINTERRUPTED OR ERROR-FREE SERVICE
11.2 Specific Disclaimers.
WE DO NOT WARRANT THAT:
(a) The App will function without interruptions, delays, errors, or defects
(b) The App will be available at all times or any specific time
(c) Defects or errors will be corrected
(d) The App is free of viruses, malware, or other harmful components
(e) The App is compatible with all devices, operating systems, or iOS versions
(f) Results obtained from the App will be accurate, reliable, complete, or current
(g) The quality of any products, services, information, or other material obtained through the App will meet your expectations or requirements
(h) AI-generated content will be original, accurate, suitable, or appropriate for your purposes
(i) AI-generated content will not infringe third-party rights
(j) Content filtering and moderation will block all inappropriate or harmful content
(k) Your data will never be lost, corrupted, or become inaccessible
(l) Third-party services integrated with the App will function properly or remain available
(m) The App will work properly on jailbroken or modified devices
11.3 AI-Specific Disclaimers.
WE MAKE NO WARRANTIES regarding:
(a) Accuracy, completeness, reliability, or truthfulness of AI-generated content
(b) Originality or non-infringement of AI-generated content
(c) Suitability of AI-generated content for any particular purpose
(d) Performance, availability, or functionality of AI features
(e) Results of using AI features
AI systems are probabilistic and inherently uncertain. You use AI features at your own risk.
11.4 Third-Party Content & Services.
We make no warranties regarding:
(a) Third-party content, products, or services accessible through the App
(b) Third-party websites or resources linked from the App
(c) Accuracy or reliability of third-party information
(d) Performance or availability of third-party services
(e) Data practices or security of third parties
11.5 Apple Disclaimers.
APPLE HAS NO WARRANTY OBLIGATIONS WHATSOEVER WITH RESPECT TO THE APP, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE OF THE APP TO CONFORM TO ANY WARRANTY ARE OUR RESPONSIBILITY ALONE.
11.6 Jurisdictional Limitations.
Some jurisdictions do not allow the exclusion or limitation of implied warranties. In such jurisdictions:
(a) The above exclusions or limitations may not fully apply to you
(b) You may have additional rights under mandatory consumer protection laws
(c) These disclaimers are limited to the extent prohibited by applicable law
11.7 No Warranty for Beta Features.
BETA, EXPERIMENTAL, OR PREVIEW FEATURES (see Section 15) ARE PROVIDED WITH EVEN MORE LIMITED WARRANTIES (NONE). BY USING BETA FEATURES, YOU ACKNOWLEDGE THEY ARE UNTESTED, UNSTABLE, AND MAY CAUSE DATA LOSS OR OTHER HARM.
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12. LIMITATION OF LIABILITY
12.1 Exclusion of Damages.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FURTHER THEORY PARTIES SHALL NOT BE LIABLE TO YOU FOR:
(a) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
(b) LOSS OF PROFITS, REVENUE, BUSINESS, OR BUSINESS OPPORTUNITIES
(c) LOSS OF DATA, FILES, OR CONTENT (including User Content)
(d) LOSS OF USE OR INTERRUPTION OF SERVICE
(e) LOSS OF GOODWILL OR REPUTATION
(f) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
(g) DAMAGES ARISING FROM UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT OR DATA
(h) DAMAGES ARISING FROM THIRD-PARTY CONDUCT, CONTENT, PRODUCTS, OR SERVICES
(i) DAMAGES ARISING FROM SECURITY BREACHES, DATA BREACHES, OR CYBER ATTACKS
(j) DAMAGES ARISING FROM LOSS, CORRUPTION, OR DELETION OF USER CONTENT OR DATA
(k) DAMAGES ARISING FROM USE OR RELIANCE ON AI-GENERATED CONTENT
(l) DAMAGES ARISING FROM DEVICE DAMAGE, MALFUNCTION, OR INCOMPATIBILITY
(m) DAMAGES ARISING FROM ERRORS, BUGS, DEFECTS, OR FAILURES OF THE APP
WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR ANY OTHER LEGAL THEORY, AND EVEN IF THE FURTHER THEORY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Cap on Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE FURTHER THEORY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP, SERVICE, OR THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF:
(a) ONE HUNDRED DOLLARS ($100.00 USD), OR
(b) THE TOTAL AMOUNT YOU PAID TO APPLE FOR THE APP OR SUBSCRIPTIONS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY
THIS CAP APPLIES regardless of the number of claims or causes of action and applies to all claims in the aggregate, not per claim.
12.3 Basis of the Bargain.
You acknowledge and agree that:
(a) These limitations are an essential element of the agreement between you and Further Theory
(b) These limitations reflect a reasonable allocation of risk given the nature of the Service and the fees charged (if any)
(c) We would not provide the App or Service without these limitations
(d) These limitations apply even if any limited remedy fails of its essential purpose
12.4 Apple Limitation.
IN NO EVENT SHALL APPLE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE APP OR YOUR USE THEREOF.
12.5 Exclusions from Liability Cap.
The liability cap in Section 12.2 does NOT apply to (and we may be fully liable for):
(a) Death or personal injury caused by our gross negligence or willful misconduct
(b) Fraud or fraudulent misrepresentation
(c) Violations of consumer protection laws where liability cannot be limited
(d) Other matters where liability cannot be limited under applicable law
12.6 Mandatory Consumer Protections.
Some jurisdictions do not allow the exclusion or limitation of liability for certain types of damages or in certain consumer transactions. In such jurisdictions:
(a) The above exclusions or limitations may not fully apply to you
(b) You may have additional rights under mandatory consumer protection laws
(c) These limitations are limited to the extent prohibited by applicable law
Mandatory consumer protection laws include but are not limited to: EU Consumer Rights Directive, Australian Consumer Law, UK Consumer Rights Act 2015, and similar laws.
12.7 Third-Party Limitations.
Each of our service providers, licensors, and suppliers is an intended third-party beneficiary of this Section 12 and may enforce these limitations against you.
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13. INDEMNIFICATION
13.1 Your Indemnification Obligations.
You agree to indemnify, defend (at our option), and hold harmless the Further Theory Parties (including Apple as a third-party beneficiary) from and against any and all claims, demands, actions, damages, losses, costs, liabilities, and expenses (including reasonable attorneys' fees, expert fees, and costs of litigation) arising out of or relating to:
(a) Your use or misuse of the App or Service
(b) Your violation of this Agreement or any law, regulation, or third-party right
(c) Your User Content, prompts, or inputs
(d) Your negligence, gross negligence, or willful misconduct
(e) Your violation of Apple's terms or policies
(f) Your infringement or alleged infringement of any intellectual property, privacy, publicity, or proprietary rights
(g) Any false or misleading information you provide
(h) Your interactions or disputes with other users
(i) Your use or distribution of AI-generated content
(j) Any breach of your representations or warranties in this Agreement
(k) Claims by third parties related to your actions or omissions
13.2 Defense & Control.
We reserve the right (but have no obligation) to:
(a) Assume exclusive control and defense of any matter subject to indemnification by you, at your expense
(b) Select counsel of our choice
(c) Approve any settlement that imposes obligations on us or requires an admission of liability by us
You agree to:
(d) Cooperate fully with our defense of any claim
(e) Provide information and assistance as reasonably requested
(f) Not settle, compromise, or admit liability without our prior written consent if the settlement imposes any obligation on us or requires any admission by us
13.3 Notice.
We will provide you with prompt written notice of any claim, action, or proceeding subject to indemnification under this Section, provided that our failure to provide timely notice will not relieve your indemnification obligations except to the extent you are materially prejudiced by the delay.
13.4 Mitigation.
Without limiting your indemnification obligations, we may take reasonable interim measures (including suspending your Account, removing content, or seeking injunctive relief) to mitigate harm, comply with law, or protect our rights, users, or third parties. Such measures do not waive any rights or remedies or limit your obligations.
13.5 No Reciprocal Duty.
This Section 13 establishes YOUR obligations to indemnify the Further Theory Parties. It does NOT create any reciprocal obligation by Further Theory or Apple to indemnify you, except as may be required by mandatory law.
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14. THIRD-PARTY SERVICES & LINKS
14.1 Third-Party Services.
The App may integrate with, rely on, or provide access to third-party services, including:
(a) Cloud hosting and database providers
(b) Analytics and tracking services
(c) Subscription management services
(d) Artificial intelligence and machine learning services
(e) Content delivery networks (CDNs)
(f) Push notification services
(g) Payment processors (Apple)
(h) Customer support platforms
(i) Other service providers
USE OF THIRD-PARTY SERVICES: Your use of features that rely on third-party services may be subject to:
(a) The third party's terms of service and privacy policy
(b) The third party's availability, performance, and pricing
(c) Changes or discontinuation by the third party
OUR RELATIONSHIP: These service providers:
(a) Act as service providers or data processors on our behalf (see Privacy Policy)
(b) Are contractually obligated to protect your data
(c) May only use your data as permitted by our agreements with them
14.2 Third-Party Links.
The App may contain links to third-party websites, apps, or resources. We provide these links for convenience only.
WE DO NOT:
(a) Control third-party sites, apps, or resources
(b) Endorse or recommend third-party products, services, or content
(c) Assume responsibility for third-party availability, accuracy, or practices
(d) Monitor or review third-party content
(e) Warrant the accuracy, completeness, or usefulness of third-party information
YOUR RESPONSIBILITY: You access third-party links at your own risk. Review third-party terms and privacy policies before providing any information or engaging in transactions.
14.3 Third-Party Content.
Third-party content accessible through the App (including advertisements, if any) is the sole responsibility of the entity providing it. We are not responsible for examining or evaluating such content.
14.4 No Liability for Third Parties.
WE ARE NOT LIABLE FOR:
(a) Actions, omissions, content, products, or services of third parties
(b) Damages arising from your interactions or transactions with third parties
(c) Disputes between you and third parties
(d) Third-party privacy practices or data handling
(e) Third-party terms, policies, or changes
(f) Failure, downtime, or discontinuation of third-party services
14.5 Changes to Third-Party Services.
Third-party service providers may:
(a) Change features, functionality, or APIs without notice
(b) Increase prices or change pricing models
(c) Discontinue services or terminate our access
(d) Modify their terms or policies
Such changes may affect App functionality. We will make reasonable efforts to address impacts but may not be able to maintain all features if third-party services change or become unavailable.
14.6 Service Provider List.
A list of key third-party service providers (categories and, where required by law, specific names) is available:
(a) In our Privacy Policy (Section 5 and Appendix A)
(b) On our website at plotwings.com (if applicable)
(c) Upon request via Online Form: plotwings.com/support
We may update service providers from time to time. Material changes affecting data processing will be communicated as described in our Privacy Policy and Section 17 of this Agreement.
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15. BETA FEATURES & TESTFLIGHT
15.1 Beta Features Defined.
We may offer beta, experimental, preview, early access, or pre-release features ("Beta Features") that are:
(a) Not fully tested, validated, or ready for general release
(b) Subject to change, modification, or removal at any time without notice
(c) Provided "as is" with even more limited warranties than the general Service (i.e., no warranties at all)
15.2 Beta Feature Disclaimers.
BETA FEATURES MAY:
(a) Contain bugs, errors, defects, or security vulnerabilities
(b) Cause crashes, data loss, or corruption
(c) Be incompatible with other App features or devices
(d) Have degraded performance, slow response times, or frequent downtime
(e) Be removed or discontinued without notice
(f) Differ significantly from final release versions
BY USING BETA FEATURES, YOU ACKNOWLEDGE AND ACCEPT THESE RISKS.
15.3 TestFlight Beta Testing.
If you participate in beta testing via Apple's TestFlight program:
(a) You must accept Apple's TestFlight terms and conditions
(b) Beta versions are for testing purposes only and not for production use
(c) Beta versions expire after a limited period (typically 90 days)
(d) We may collect additional diagnostic data, feedback, and crash reports
(e) Beta versions are provided with NO warranty whatsoever
FEEDBACK: By participating in TestFlight, you grant us a perpetual, irrevocable, royalty-free license to use any feedback, suggestions, bug reports, or other information you provide, without compensation or attribution.
15.4 No Liability for Beta Features.
THE FURTHER THEORY PARTIES ARE NOT LIABLE FOR ANY DAMAGES, LOSSES, OR HARM ARISING FROM YOUR USE OF BETA FEATURES OR TESTFLIGHT BETA VERSIONS, INCLUDING BUT NOT LIMITED TO DATA LOSS, SECURITY BREACHES, OR SERVICE DISRUPTIONS.
All limitations of liability in Section 12 apply with even greater force to Beta Features.
15.5 No SLA or Support.
Beta Features are not covered by any service level agreement (SLA) or uptime guarantee. Technical support for Beta Features may be limited or unavailable.
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16. PRIVACY & DATA PROTECTION
16.1 Privacy Policy.
Our collection, use, storage, processing, and sharing of your personal information is governed by our Privacy Policy, which is incorporated by reference into this Agreement.
Privacy Policy available at: plotwings.com/app-privacy-policy
And accessible in-app via: Settings → Legal → Privacy Policy
By using the App, you consent to our data practices as described in the Privacy Policy.
16.2 Key Privacy Points.
WHAT WE COLLECT:
(a) Limited information from Apple via Sign in with Apple (user identifier, email, name)
(b) Subscription and purchase data (via Apple and subscription management services)
(c) Usage data and reading history (stories viewed, time spent, progress)
(d) Analytics data (screens viewed, features used, device information)
(e) Customer support communications
WHAT WE DO NOT COLLECT:
(a) Your Apple ID password
(b) Payment information (Apple handles this)
(c) Precise geolocation (GPS coordinates)
(d) Health, medical, or biometric data (except as processed by Apple - see Section 20)
(e) Contacts, photo library, or other sensitive device data (unless you grant permission for specific features)
HOW WE USE DATA:
(a) Provide, operate, and improve the Service
(b) Enable Premium Features based on subscription status
(c) Personalize content and recommendations
(d) Conduct analytics and research
(e) Prevent fraud and ensure security
(f) Comply with legal obligations
See our Privacy Policy for comprehensive details.
16.3 Third-Party Data Sharing.
WE SHARE DATA WITH:
(a) Service providers (cloud hosting, analytics, subscription management, AI services)
(b) Apple (via Sign in with Apple and In-App Purchase)
(c) Legal authorities (when required by law or legal process)
(d) Business transaction parties (in connection with merger, acquisition, or sale)
WE DO NOT SELL YOUR PERSONAL DATA TO THIRD PARTIES.
See Privacy Policy for details.
16.4 Your Privacy Rights.
Depending on your location, you may have rights including:
ALL USERS:
• Access your information
• Correct inaccurate information
• Delete your Account and data
• Opt out of marketing communications
• Opt out of analytics tracking
EEA/UK USERS (GDPR):
• Right to erasure ("right to be forgotten")
• Right to restrict processing
• Right to data portability
• Right to object to processing
• Right to withdraw consent
U.S. STATE RESIDENTS (CCPA, CPRA, VCDPA, CPA, CTDPA, UCPA):
• Right to know what data is collected
• Right to delete
• Right to correct (where applicable)
• Right to opt out of "sale" or "sharing" (we don't sell data)
• Right to non-discrimination
See Privacy Policy for details on exercising rights.
16.5 Children's Privacy.
We comply with the Children's Online Privacy Protection Act (COPPA), General Data Protection Regulation (GDPR), and other applicable children's privacy laws.
See Privacy Policy for comprehensive children's privacy information.
16.6 Data Security.
We implement reasonable technical, administrative, and physical security measures to protect your data. However, no method of transmission or storage is 100% secure.
See Privacy Policy for details.
16.7 For Privacy Questions.
Contact: Online Form: plotwings.com/support (subject: "Privacy Inquiry")
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17. CHANGES TO THIS AGREEMENT
17.1 Right to Modify.
We may update, modify, or revise this Agreement from time to time at our sole discretion to reflect:
(a) Changes in our practices, features, or offerings
(b) Legal or regulatory requirements
(c) Security or technical improvements
(d) User feedback or best practices
(e) Business needs
Changes are effective prospectively unless earlier implementation is required by law.
17.2 Notice of Changes.
FOR MATERIAL CHANGES, we will provide advance notice:
NOTICE METHODS:
(a) Email to your registered email address (including private relay addresses)
(b) In-app notification or message
(c) Prominent notice on our website
(d) Update to "Last Updated" date at the top of this Agreement
NOTICE PERIOD:
• Typically 15-30 days before the effective date
• Shorter period if required by law or urgent circumstances (e.g., security threats, legal compliance)
WHAT CONSTITUTES A MATERIAL CHANGE:
• Changes expanding our rights or reducing your rights
• Changes to arbitration, dispute resolution, or class action waiver provisions
• Changes to refund, payment, or subscription terms
• Changes to intellectual property licenses
• Significant changes to data practices (see Privacy Policy)
17.3 Acceptance & Continued Use.
Your continued use of the App after the effective date of changes constitutes acceptance of the modified Agreement.
If you do not agree to changes:
(a) You must stop using the App before the effective date
(b) You should delete the App from your devices
(c) You may cancel your subscription (see Section 8.4)
(d) Cancellation does not entitle you to refunds except as provided in Section 8.10
17.4 Changes to Arbitration Provisions.
Changes to Section 22 (arbitration and class action waiver) do NOT apply to disputes or claims that were:
(a) Already filed with a court or arbitrator before the change
(b) Formally noticed to us in writing before the change (per Section 22.1 pre-arbitration notice requirement)
(c) Subject to active informal resolution efforts before the change
The previous version of the arbitration provisions applies to such pre-existing disputes.
17.5 Version History.
Prior versions of this Agreement may be available upon request for your records. Online Form: plotwings.com/support to request previous versions (subject to reasonable limitations).
17.6 Review Regularly.
We encourage you to review this Agreement periodically. The "Last Updated" date at the top indicates the most recent revision.
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18. TERMINATION & SUSPENSION
18.1 Termination by You.
You may terminate your Account at any time by:
ACCOUNT DELETION:
• In-app: Settings → Account → Delete Account
• Online Form: plotwings.com/support (subject: "Delete My Account")
We process deletion requests within 30 days.
IMPORTANT:
• Account termination does NOT automatically cancel subscriptions
• You must separately cancel subscriptions via Apple (see Section 8.4)
• Account termination does NOT entitle you to refunds (see Section 8.10)
18.2 Termination or Suspension by Us.
We may suspend or terminate your Account and access to the App immediately, with or without notice, if:
(a) You violate this Agreement or our policies
(b) Your Account is associated with fraudulent, illegal, or abusive activity
(c) We are required to do so by law, legal process, or government request
(d) Continued access poses security, safety, or legal risks
(e) You violate Apple's terms, policies, or guidelines
(f) Your subscription payment fails or is reversed (Apple will notify you)
(g) We detect unauthorized access or account compromise
(h) You engage in conduct that harms or threatens harm to us, other users, or third parties
(i) We determine your use is harmful to the Service or other users
(j) You attempt to circumvent suspension or create multiple accounts after termination
18.3 Effect of Termination.
Upon termination (by you or us):
YOUR OBLIGATIONS:
(a) Your license to use the App terminates immediately
(b) You must cease all use of the App
(c) You must delete the App from all devices
(d) You must cease use of any PlotWings Content, AI Content, or other materials obtained through the App
(e) Your unpaid obligations (if any) become immediately due
OUR ACTIONS:
(f) We may disable your Account and access
(g) We may delete your Account data, User Content, and records in accordance with our Privacy Policy (see Section 4.7 and Privacy Policy)
(h) We may take technical measures to prevent future access
(i) We may retain data as required for legal, tax, or regulatory purposes
NO REFUNDS: Termination does not entitle you to refunds except as provided in Section 8.10.
18.4 Survival.
The following provisions survive termination and continue in full force and effect:
• Section 2 (Acceptable Use - for past conduct)
• Section 5 (Intellectual Property)
• Section 6 (AI Content - ownership and restrictions)
• Section 7 (User Content Licenses - per Section 7.3)
• Section 8.7 (Price Changes already effected)
• Section 10 (Trademarks & Copyright)
• Section 11 (Disclaimers)
• Section 12 (Limitation of Liability)
• Section 13 (Indemnification)
• Section 18.4 (this subsection)
• Section 21 (Time Limit to Bring Claims)
• Section 22 (Dispute Resolution & Arbitration)
• Section 24 (General Provisions)
• Section 25 (Governing Law)
• Any other provisions that by their nature should survive
18.5 No Obligation to Retain Data.
Following termination, we have NO OBLIGATION to:
(a) Retain or provide access to your data, User Content, or Account information
(b) Forward or export your data (except as required by law or our Privacy Policy)
(c) Maintain backups or copies
Except as required by law, retained for legal/tax purposes, or stated in our Privacy Policy.
18.6 Disputes After Termination.
Termination does NOT waive or affect:
(a) Claims or causes of action that accrued before termination
(b) Our right to seek remedies for your violations
(c) Your indemnification obligations (Section 13)
(d) Dispute resolution provisions (Section 22)
(e) Any amounts you owe us
18.7 Reactivation.
If your Account was terminated for violations, you may not create a new Account without our express written permission. We may permanently ban you from the Service.
If your Account was terminated by you (voluntary deletion), you may create a new Account after 90 days, subject to standard eligibility requirements.
We reserve the right to refuse service to anyone at any time for any lawful reason.
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19. ACCOUNT INACTIVITY & DORMANCY
19.1 Inactive Accounts.
If your Account remains inactive for an extended period, we may:
INACTIVE ACCOUNT ACTIONS:
(a) Send warning emails notifying you of upcoming Account closure
(b) Disable or close the Account after continued inactivity
(c) Delete Account data in accordance with our data retention policies (see Privacy Policy)
INACTIVE PERIOD: Accounts inactive for 12 consecutive months may be subject to closure. We will provide at least 30 days' notice before closing an inactive Account.
WHAT CONSTITUTES ACTIVITY:
• Logging into the App
• Using any App features
• Active subscription (including trial periods)
• Communications with customer support
19.2 Data Retention for Inactive Accounts.
For inactive Accounts:
(a) We may retain minimal data for legal, regulatory, or business purposes (e.g., preventing fraud, resolving disputes)
(b) User Content and reading history may be deleted earlier than active Accounts
(c) See Privacy Policy for detailed retention schedules
19.3 Reactivation.
To reactivate a closed inactive Account:
(a) Contact Online Form: plotwings.com/support within 90 days of closure
(b) We will attempt to restore your Account if technically feasible
(c) Some data may be permanently deleted and unrecoverable
(d) No guarantee of full data restoration
After 90 days, inactive Accounts may be permanently deleted and unrecoverable.
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20. BIOMETRIC AUTHENTICATION
20.1 Optional Biometric Features.
If the App offers biometric authentication features (e.g., Face ID, Touch ID) to lock or unlock the App:
IMPORTANT: Biometric authentication is provided by Apple's iOS operating system, NOT by our App. We do NOT collect, store, process, or have access to your biometric data.
20.2 How Biometric Features Work.
(a) You enable biometric authentication in App Settings (revocable consent)
(b) When you attempt to unlock the App, iOS prompts you for Face ID or Touch ID
(c) iOS performs biometric verification locally on your device
(d) iOS notifies our App whether authentication succeeded or failed
(e) We NEVER receive your biometric data
20.3 Biometric Data Privacy.
• Your biometric data (facial mapping, fingerprints) is stored securely in the Secure Enclave on your device
• Apple controls biometric data processing per Apple's privacy policy
• We do NOT have access to biometric data
• Biometric authentication can be disabled at any time in App Settings
20.4 Security Limitations & Your Responsibility.
Biometric authentication enhances security but is not foolproof:
(a) May be bypassed if your device is compromised
(b) Depends on iOS security (we do not control this)
(c) Can be disabled if you know the device passcode
You are responsible for:
• Device security and passcode confidentiality
• Your device's biometric security settings
• Notifying Apple if biometric authentication is compromised
20.5 No Liability for Biometric Failures.
WE ARE NOT LIABLE for unauthorized access resulting from:
• Biometric authentication failures or false accepts
• Compromise of your device or passcode
• Third parties who can unlock your device via biometrics
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21. TIME LIMIT TO BRING CLAIMS
21.1 One-Year Limitation Period.
ANY CLAIM ARISING OUT OF OR RELATING TO THE APP, SERVICE, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE OF ACTION ACCRUES.
OTHERWISE, THE CLAIM IS PERMANENTLY BARRED.
21.2 Accrual.
A cause of action accrues when the party knew or reasonably should have known of the facts giving rise to the claim.
21.3 Tolling.
This limitation period is tolled (paused) ONLY:
(a) During the mandatory 60-day pre-arbitration informal resolution period (Section 22.1), OR
(b) To the extent tolling is MANDATED by applicable law
Voluntary tolling agreements must be in writing and signed by both parties.
21.4 Jurisdictional Variations.
Some jurisdictions prescribe longer or shorter limitation periods by law. Where a mandatory longer period applies, that period controls. Where a mandatory shorter period applies (rare), we will comply.
21.5 Discovery Rule.
For claims involving fraud or concealment, the limitation period may begin when you discover or reasonably should have discovered the fraud or concealment, to the extent required by applicable law.
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22. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER (U.S.)
**IMPORTANT: THIS SECTION CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THIS SECTION CAREFULLY.**
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22.1 PRE-ARBITRATION NOTICE & INFORMAL RESOLUTION (MANDATORY)
Before filing any arbitration demand, lawsuit, or legal claim, you MUST:
STEP 1 - SEND WRITTEN NOTICE:
Online Form: plotwings.com/support
AND
Postal Mail: 6 Liberty Square
#2327
Boston, MA 02109
United States
Attn: Legal Department / Notice of Dispute
STEP 2 - INCLUDE REQUIRED INFORMATION:
(a) Your full name and contact information
(b) Your Account email address or user identifier
(c) Detailed description of the dispute, including relevant facts, dates, and circumstances
(d) Specific relief requested (e.g., refund amount, specific actions, damages sought)
(e) Legal basis for the claim (statutes, Agreement provisions, legal theories)
STEP 3 - ENGAGE IN GOOD FAITH NEGOTIATION:
The parties will use good faith efforts to resolve the dispute informally for SIXTY (60) DAYS after the Notice is received.
MANDATORY PREREQUISITE: You may NOT file arbitration, litigation, or any legal proceeding until:
• You have provided proper Notice as described above, AND
• 60 days have elapsed since we received your Notice, AND
• The dispute has not been resolved to your satisfaction
STATUTE OF LIMITATIONS TOLLED: Any applicable statute of limitations (including the 1-year limit in Section 21) is tolled (paused) from the date of the Notice until the earlier of: (a) expiration of the 60-day period, or (b) either party declares in writing that informal resolution has failed.
PURPOSE: This requirement provides an opportunity to resolve disputes amicably and cost-effectively, saving both parties time and expense.
EXCEPTIONS: This pre-arbitration notice requirement does NOT apply to:
• Requests for temporary or preliminary injunctive relief to prevent irreparable harm (Section 22.9)
• Intellectual property infringement claims brought in court (Section 22.10)
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22.2 Agreement to Arbitrate.
If informal resolution fails, you and Further Theory agree that any and all disputes, claims, or controversies arising out of or relating to:
(a) This Agreement (including its formation, performance, breach, interpretation, validity, or enforcement)
(b) The App or Service
(c) Your relationship with Further Theory
(d) Privacy or data practices
(e) Marketing or communications
(f) Any other aspect of our relationship
Shall be resolved EXCLUSIVELY by BINDING INDIVIDUAL ARBITRATION, except as provided in Sections 22.8-22.10.
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22.3 Arbitration Rules & Administrator.
Arbitration will be administered by the **American Arbitration Association (AAA)** under its Consumer Arbitration Rules in effect at the time the arbitration is filed, except as modified by this Agreement.
AAA CONSUMER ARBITRATION RULES:
Available at: www.adr.org or by calling 1-800-778-7879
AAA FILING: File arbitration with AAA at www.adr.org or by mail to: American Arbitration Association, Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043
ALTERNATIVE ADMINISTRATOR: If AAA is unavailable, unwilling, or unable to arbitrate, the parties will select an alternative arbitration administrator that applies similar consumer-focused arbitration rules (e.g., JAMS, ADR Services). If the parties cannot agree, a court will appoint the administrator.
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22.4 Governing Law (Federal Arbitration Act).
**FEDERAL ARBITRATION ACT GOVERNS**: This arbitration agreement and its interpretation and enforcement are governed by the **Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16**, and not by state law.
SUBSTANTIVE LAW: For all other provisions of this Agreement not relating to arbitration, the laws of the State of Delaware, United States, govern, without regard to its conflict-of-laws principles.
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22.5 Arbitration Location & Hearing.
SEAT OF ARBITRATION: Delaware, United States
HEARING LOCATION (if hearing is required):
(a) Your U.S. county or parish of residence (if in the U.S.), OR
(b) Delaware, OR
(c) By video conference or telephone (if mutually agreed or ordered by arbitrator)
REMOTE HEARINGS: You have the right to participate remotely via video conference or telephone unless an in-person hearing is required by law or deemed necessary by the arbitrator.
LANGUAGE: English
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22.6 Arbitrator Selection & Authority.
SELECTION: The arbitrator is selected in accordance with AAA Consumer Arbitration Rules.
QUALIFICATIONS: The arbitrator must be:
(a) A retired judge or attorney licensed to practice law
(b) Knowledgeable about consumer law and this type of dispute
(c) Neutral and independent
EXCLUSIVE AUTHORITY: The arbitrator has EXCLUSIVE authority to:
(a) Resolve all disputes regarding the interpretation, applicability, enforceability, and scope of this arbitration agreement
(b) Determine arbitrability (whether a dispute is subject to arbitration)
(c) Determine jurisdiction and procedural matters
(d) Resolve disputes about compliance with the pre-arbitration notice requirement (Section 22.1)
(e) Award any relief that would be available in a court of law, consistent with this Agreement and applicable law
WRITTEN DECISION: The arbitrator must issue a written decision with findings of fact and conclusions of law sufficient for judicial review under the FAA.
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22.7 Relief & Remedies.
INDIVIDUAL RELIEF ONLY: The arbitrator 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.
The arbitrator MAY NOT:
(a) Award relief benefiting or affecting other users or non-parties
(b) Order Further Theory to change policies or practices for all users
(c) Issue "public" injunctive relief (except as provided in Section 22.13 for California residents)
DAMAGES: The arbitrator may award compensatory damages, costs, attorneys' fees (if authorized by law or this Agreement), and other relief permitted by law, subject to the limitation of liability in Section 12.
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22.8 CLASS ACTION AND JURY TRIAL WAIVER.
**YOU AND FURTHER THEORY AGREE TO THE FOLLOWING WAIVERS:**
(a) **CLASS ACTION WAIVER**: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
(b) **REPRESENTATIVE ACTION WAIVER**: THERE WILL BE NO CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR OTHER REPRESENTATIVE PROCEEDINGS.
(c) **CONSOLIDATION PROHIBITION**: The arbitrator MAY NOT consolidate claims of multiple parties or preside over any form of joint, consolidated, or representative proceeding.
(d) **JURY TRIAL WAIVER**: YOU WAIVE YOUR RIGHT TO A JURY TRIAL FOR ALL DISPUTES COVERED BY THIS ARBITRATION AGREEMENT.
(e) **JUDICIAL PROCEEDING WAIVER**: Except as provided in Sections 22.8-22.10, YOU WAIVE YOUR RIGHT TO BRING CLAIMS IN COURT.
**BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU ARE GIVING UP THESE RIGHTS.**
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22.9 Small Claims Court Exception.
Either party may bring an individual claim in small claims court as an alternative to arbitration if:
(a) The claim qualifies for small claims court jurisdiction under applicable law
(b) The claim is filed in Delaware OR your county or parish of U.S. residence
(c) The claim remains in small claims court and is not removed, transferred, or appealed to a court of general jurisdiction
If removed or appealed, the arbitration agreement applies.
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22.10 Temporary or Preliminary Injunctive Relief.
Either party may seek temporary restraining orders, preliminary injunctions, or other interim or conservatory relief in a court of competent jurisdiction to:
(a) Preserve the status quo pending arbitration
(b) Prevent irreparable harm or ongoing violations
(c) Protect intellectual property rights
(d) Prevent disclosure of confidential information
Such court proceedings do not waive the arbitration agreement and any final determination of the merits must be in arbitration (unless otherwise agreed or the dispute falls within Sections 22.9 or 22.11).
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22.11 Intellectual Property Claims.
Claims related to infringement, misappropriation, or validity of intellectual property rights (patents, copyrights, trademarks, trade secrets) may be brought in a court of competent jurisdiction rather than arbitration, at either party's election.
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22.12 Arbitration Fees & Costs.
FEE ALLOCATION: AAA Consumer Arbitration Rules govern allocation of arbitration fees and costs.
FURTHER THEORY'S PAYMENT: Further Theory will pay:
(a) All AAA arbitration fees required under AAA Consumer Arbitration Rules
(b) The arbitrator's compensation and expenses as required by AAA rules
(c) Administrative fees required for filing and conducting the arbitration
YOUR RESPONSIBILITY: You are responsible for:
(a) Your own attorneys' fees and costs UNLESS:
• The arbitrator awards you attorneys' fees based on applicable law, OR
• Further Theory must pay your fees under AAA rules or law
(b) Any required filing fees up to the amount you would pay to file a lawsuit in court (AAA rules cap consumer filing fees)
FEE HARDSHIP: If you cannot afford required filing fees or arbitration costs, you may request that Further Theory pay them or you may apply for a fee waiver under AAA rules.
COST-SHIFTING: The arbitrator may award attorneys' fees and costs to the prevailing party if authorized by law, applicable statutes, or this Agreement.
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22.13 30-Day Opt-Out Right.
**YOU HAVE THE RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT.**
TO OPT OUT:
(a) Online Form: plotwings.com/support
Subject: "Arbitration Opt-Out"
(b) Send written notice by postal mail to:
6 Liberty Square
#2327
Boston, MA 02109
United States
Attn: Legal Department / Arbitration Opt-Out
(c) Your opt-out notice must include:
• Your full name
• Account email address
• Clear statement: "I opt out of the arbitration agreement in the PlotWings Terms of Service"
• Your signature (physical or electronic)
(d) Send your opt-out notice WITHIN THIRTY (30) DAYS of:
• Your first acceptance of this Agreement, OR
• First download or use of the App, OR
• Account creation (whichever is earliest)
EFFECT OF OPT-OUT:
• If you opt out, all other terms of this Agreement still apply
• You and Further Theory may pursue claims in court subject to applicable law and jurisdiction (Section 25)
• Opting out does not affect any prior arbitration agreements between you and Further Theory
CANNOT RETROACTIVELY OPT OUT: Once the 30-day window expires, you cannot later opt out of the arbitration agreement.
NEW USERS: This opt-out right applies to new users or users accepting this Agreement for the first time. If you previously accepted an earlier version with arbitration, you may have already used or foregone your opt-out right.
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22.14 California Public Injunctive Relief (McGill Carve-Out).
If you are a California resident, nothing in this Section 22 prevents you from seeking public injunctive relief under California law in a court of competent jurisdiction to the extent:
(a) Such relief cannot be obtained through individual arbitration, AND
(b) The claim is brought in the public interest (not for individual relief)
This provision is consistent with McGill v. Citibank, N.A., 2 Cal. 5th 945 (2017).
**STAY PENDING ARBITRATION**: Any court claim for public injunctive relief under California law shall be **STAYED** pending the arbitrator's determination of the parties' individual claims. This prevents dual proceedings in court and arbitration.
For individual injunctive relief (relief benefiting only you), arbitration still applies.
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22.15 Mass Arbitration Protocol.
If **TWENTY-FIVE (25) OR MORE** substantially similar arbitration demands are filed against Further Theory by or with the assistance of the same law firm, organization, or coordinated group ("Mass Filing"), the following protocol applies:
**BELLWETHER PROCEEDINGS**:
(a) The parties will select **TEN (10) cases** to serve as "bellwether" test cases to proceed first
• Each side selects FIVE (5) cases
• If the parties cannot agree, AAA will randomly select
(b) **ALL OTHER CASES ARE STAYED** (held in abeyance) pending resolution of the bellwether cases
(c) Bellwether cases proceed to arbitration under standard AAA Consumer Arbitration Rules
(d) AAA will assign each bellwether case to a separate arbitrator
**MANDATORY MEDIATION**:
(e) After the bellwether arbitrations conclude, the parties will engage in a **SINGLE MEDIATION SESSION** for all stayed claims
(f) Mediation to occur within **60 DAYS** of the last bellwether award
(g) The mediator will be selected by mutual agreement or appointed by AAA
(h) Each side bears its own mediation costs
**GLOBAL SETTLEMENT FRAMEWORK**:
(i) Bellwether results inform settlement discussions for all stayed claims
(j) Any global settlement applies to all claimants who opt in
(k) Opt-out claimants may proceed in subsequent batched phases
**SUBSEQUENT PHASES (if mediation fails)**:
(l) Remaining stayed claims proceed in batches of **TEN (10) cases** at a time
(m) Same bellwether selection process applies to each batch
(n) Process repeats until all claims are resolved
**STATUTE OF LIMITATIONS TOLLED**:
(o) The statute of limitations is **TOLLED** for all stayed claims during the stay period
**FEE ALLOCATION FOR MASS FILINGS**:
(p) Further Theory will pay AAA filing fees and arbitrator compensation for bellwether cases per AAA Consumer Arbitration Rules
(q) For stayed claims, AAA may **defer assessment of fees** until the claim proceeds or settles
(r) Claimants' counsel bears responsibility for coordinating with claimants regarding fee obligations for stayed claims
(s) If bellwether results do not establish liability, claimants pursuing stayed claims may be responsible for additional fees per AAA rules
**VENUE/SEAT CONSOLIDATION**:
(t) All bellwether arbitrations will use the **same seat** (Delaware) unless AAA determines individual hearings are necessary
(u) Hearings may be conducted remotely to reduce costs
**AAA ADMINISTRATION**:
(v) AAA has discretion to modify this protocol in consultation with the parties to ensure efficient, fair administration
(w) AAA's decisions regarding protocol administration are binding
**PURPOSE**: This protocol prevents overwhelming AAA's system, provides efficient resolution of mass claims through representative test cases, and ensures due process for all claimants.
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22.16 Severability of Arbitration Provisions.
IF THE CLASS ACTION WAIVER IN SECTION 22.8 IS FOUND TO BE UNENFORCEABLE BY A COURT OR ARBITRATOR, then the ENTIRE arbitration agreement in this Section 22 is UNENFORCEABLE, and any dispute will be resolved in court per Section 25.
IF ANY OTHER PORTION of this Section 22 is found invalid or unenforceable (other than the class action waiver), that portion will be severed and the remainder of the arbitration agreement remains enforceable.
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22.17 Survival of Arbitration Agreement.
This arbitration agreement survives:
(a) Termination of your Account
(b) Termination of this Agreement
(c) Changes to this Agreement (for disputes that arose before the change - see Section 22.18)
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22.18 Modification of Arbitration Terms.
Changes to this Section 22 do NOT apply to disputes or claims that were:
(a) Already filed with a court or arbitrator before the change
(b) Formally noticed in writing to Further Theory before the change (per Section 22.1 pre-arbitration notice requirement)
(c) Subject to active informal resolution efforts under Section 22.1 before the change
The version of Section 22 in effect when the dispute arose or when the pre-arbitration notice was sent governs that dispute.
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22.19 No Admission of Liability.
Entry into informal resolution, mediation, or arbitration is not an admission of liability, fault, or wrongdoing by either party.
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23. APPLE-SPECIFIC TERMS (iOS APP)
23.1 Acknowledgement.
You acknowledge and agree that:
(a) This Agreement is concluded between you and Further Theory, LLC, NOT between you and Apple, Inc.
(b) Further Theory, not Apple, is solely responsible for the App and its content, maintenance, support, and services.
(c) Apple has NO OBLIGATION to furnish any maintenance or support services with respect to the App.
(d) Apple is NOT responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including but not limited to:
• Product liability claims
• Any claim that the App fails to conform to any applicable legal or regulatory requirement
• Claims arising under consumer protection, privacy, or similar legislation
• Intellectual property infringement claims
23.2 Third-Party Beneficiary.
Apple and its subsidiaries are THIRD-PARTY BENEFICIARIES of this Agreement.
Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
Apple may enforce Sections 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), and 23 (Apple-Specific Terms) directly against you.
23.3 Intellectual Property & Compliance.
You represent and warrant that:
(a) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country
(b) You are not listed on any U.S. Government list of prohibited or restricted parties, including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List
(c) You will not use the App in violation of any U.S. export laws or regulations (see Section 24.14)
(d) You will comply with applicable third-party terms of agreement when using the App (including, without limitation, your wireless data service agreement)
23.4 Product Claims.
Further Theory, not Apple, is responsible for addressing any claims relating to:
(a) The App itself
(b) Your possession or use of the App
(c) Product liability
(d) Failure of the App to conform to applicable legal or regulatory requirements
(e) Consumer protection laws or similar legislation
23.5 Apple Contact Information.
For questions, complaints, or claims with respect to the App, contact:
FURTHER THEORY: Online Form: plotwings.com/support
For App Store, Apple ID, or In-App Purchase issues, contact:
APPLE SUPPORT: https://support.apple.com
23.6 Apple EULA.
If you downloaded the App from the Apple App Store, you also agree to the Apple Licensed Application End User License Agreement (EULA).
This Agreement serves as a custom EULA for the App. In the event of conflict between this Agreement and Apple's standard EULA, this Agreement controls with respect to the App.
Apple's standard EULA is available at: https://www.apple.com/legal/internet-services/itunes/dev/stdeula/
23.7 App Store Terms.
Your use of the App must comply with the App Store Terms of Service: https://www.apple.com/legal/internet-services/itunes/
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24. GENERAL PROVISIONS
24.1 Entire Agreement.
This Agreement, together with our Privacy Policy (incorporated by reference) and any other policies or guidelines incorporated by reference, constitutes the ENTIRE AGREEMENT between you and Further Theory regarding the App and Service.
This Agreement supersedes all prior or contemporaneous agreements, understandings, representations, warranties, and communications (whether written or oral) regarding the subject matter hereof.
24.2 Severability.
If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court or arbitrator:
(a) The remaining provisions will remain in full force and effect to the fullest extent permitted by law
(b) The invalid provision will be modified to the minimum extent necessary to make it enforceable while preserving the intent of the parties, OR
(c) If modification is not possible, the provision will be severed and the remainder of the Agreement will continue in effect
EXCEPTION: See Section 22.16 regarding severability of arbitration provisions (class waiver severability results in entire arbitration provision being unenforceable).
24.3 No Waiver.
Our failure or delay in exercising any right, power, or privilege under this Agreement does NOT constitute a waiver of such right, power, or privilege.
A waiver of any provision or breach is effective ONLY if:
(a) In writing, AND
(b) Signed by an authorized representative of Further Theory
A waiver of one provision or breach does NOT waive any other provision or breach (past, present, or future).
24.4 Assignment.
YOU MAY NOT:
(a) Assign, transfer, or delegate this Agreement or any rights or obligations hereunder WITHOUT our prior written consent
(b) Assign by operation of law (e.g., merger, sale of business) without our consent
Any attempted assignment in violation of this provision is VOID and of no effect.
WE MAY ASSIGN:
(a) This Agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets
(b) This Agreement to an affiliate or subsidiary
(c) Our rights or obligations under this Agreement to any third party
24.5 Relationship of the Parties.
You and Further Theory are INDEPENDENT CONTRACTORS. This Agreement does NOT create:
• A partnership
• A joint venture
• An employment relationship
• An agency relationship
• A franchise relationship
• Any other special relationship
Neither party has authority to bind the other or to incur obligations on the other's behalf.
24.6 No Third-Party Beneficiaries.
Except for:
(a) Apple and its subsidiaries (Section 23.2), and
(b) Indemnified parties (Section 13)
(c) Service providers, licensors, and suppliers (Sections 12.7, 13)
This Agreement does NOT confer any rights or remedies upon any person or entity other than you, Further Theory, and our respective permitted successors and assigns.
No other third parties are intended beneficiaries of this Agreement.
24.7 Section Headings.
Section headings and the table of contents are for convenience and reference only and do NOT affect the interpretation or construction of this Agreement.
24.8 Interpretation.
(a) "Including" means "including without limitation"
(b) "May" means discretionary; "shall" or "will" means mandatory
(c) Singular includes plural and vice versa
(d) "Or" is not exclusive unless context requires
(e) This Agreement will not be construed against either party as the drafter (mutual drafting)
24.9 Electronic Communications & Notices.
ELECTRONIC COMMUNICATIONS: You consent to receive communications from us electronically, including:
(a) Email to your registered email address (or private relay address)
(b) In-app messages or notifications
(c) Notices posted in the App or on our website
Electronic communications satisfy any legal requirement that communications be "in writing."
NOTICES TO US: Legal notices to Further Theory must be sent to BOTH:
(a) Online Form: plotwings.com/support
Subject: "Legal Notice - [Your Name]"
(b) Postal mail:
6 Liberty Square
#2327
Boston, MA 02109
United States
Attn: Legal Department
Notices are deemed received:
• Email: When we send confirmation of receipt (or 3 business days after sending if no confirmation)
• Postal mail: When received or 5 business days after mailing (whichever is earlier)
NOTICES TO YOU: We will send notices to the email address associated with your Account. You are responsible for keeping your email address current.
24.10 Governing Language.
This Agreement is drafted in English. If translated into another language, the ENGLISH version controls in the event of any conflict or inconsistency.
24.11 Mandatory Consumer Protections.
To the extent that mandatory consumer protection laws of your country, state, province, or jurisdiction of residence provide rights that conflict with or cannot be waived by provisions of this Agreement, those MANDATORY RIGHTS PREVAIL and this Agreement is modified to the minimum extent necessary to comply with such laws.
Mandatory consumer protection laws include but are not limited to:
• EU Consumer Rights Directive 2011/83/EU
• UK Consumer Rights Act 2015
• Australian Consumer Law (ACL)
• New Zealand Consumer Guarantees Act 1993
• Similar laws in other jurisdictions
24.12 Bankruptcy & Insolvency.
If Further Theory becomes subject to bankruptcy, insolvency, receivership, or similar proceedings:
(a) Your personal data will be handled in accordance with our Privacy Policy, applicable privacy laws, and bankruptcy law
(b) Your personal data may be treated as an asset in bankruptcy proceedings
(c) We will make reasonable efforts to notify you if your personal data may be transferred to a third party as part of bankruptcy proceedings
(d) You may have the right to request deletion of your data under applicable privacy laws, subject to bankruptcy law constraints
(e) Outstanding subscription fees are not refundable in bankruptcy unless required by bankruptcy law
24.13 Government & Law Enforcement Relationship.
TRANSPARENCY: We may publish transparency reports disclosing aggregate statistics about government or law enforcement requests for user data (without identifying individual users).
NO BACKDOORS: We do not provide "backdoor" access to user data or systems to any government or law enforcement agency.
LEGAL PROCESS REQUIRED: We require valid legal process (subpoena, court order, warrant) before disclosing user data to government or law enforcement, and we evaluate the legality and scope of requests.
NOTICE TO USERS: Where legally permitted, we will notify affected users of government requests for their data.
See our Privacy Policy for information on legal disclosures.
24.14 Export Controls & Sanctions.
You agree to comply with all applicable U.S. and international export control laws, trade sanctions, and regulations, including but not limited to:
• **U.S. Export Administration Regulations (EAR)**, 15 C.F.R. Parts 730-774
• International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130
• **Office of Foreign Assets Control (OFAC)** sanctions programs, 31 C.F.R. Chapter V
You represent and warrant that you are not:
(a) Located in, under the control of, or a national or resident of any country subject to U.S. embargo, sanctions, or designated as a "terrorist supporting" country (including but not limited to Cuba, Iran, North Korea, Syria, Russia, Belarus, and regions of Ukraine)
(b) On any U.S. government list of prohibited or restricted parties, including:
• OFAC Specially Designated Nationals (SDN) List
• U.S. Commerce Department Denied Persons List
• U.S. Commerce Department Entity List
• U.S. State Department Debarred List
• Any other restricted parties list
(c) Otherwise prohibited from receiving U.S. exports under applicable laws
You will not:
(a) Export, re-export, or transfer the App, Content, or any related technical data in violation of applicable laws
(b) Use the App or Content in any embargoed or sanctioned country or region
(c) Provide access to the App or Content to any prohibited or restricted party
(d) Use the App or Content for any prohibited end use (e.g., development of weapons of mass destruction)
We reserve the right to suspend or terminate access for users in restricted jurisdictions or for violations of export control laws.
24.15 Government Users.
If you are a U.S. federal, state, or local government entity, the App and related documentation are "Commercial Items" as defined in FAR 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202.
Use, reproduction, and disclosure are subject to this Agreement. Any use, modification, reproduction, release, performance, display, or disclosure by the U.S. Government is prohibited except as expressly permitted by this Agreement.
The U.S. Government's rights are limited to those expressly granted herein.
24.16 Force Majeure.
Further Theory is NOT LIABLE for any failure or delay in performing obligations under this Agreement due to events beyond our reasonable control, including but not limited to:
(a) Acts of God (earthquakes, floods, hurricanes, fires, natural disasters)
(b) War, terrorism, civil unrest, riots, insurrection
(c) Government actions, laws, regulations, orders
(d) Labor disputes, strikes, lockouts
(e) Pandemics, epidemics, public health emergencies
(f) Internet outages, telecommunications failures, infrastructure failures
(g) Power outages, utility failures
(h) Failures of third-party service providers, suppliers, or contractors (including cloud hosting, APIs, or essential services)
(i) Cyber attacks, hacking, denial-of-service attacks
(j) Changes to or discontinuation of third-party services or APIs
(k) Other unforeseeable circumstances beyond our reasonable control
OBLIGATIONS SUSPENDED: Our obligations under this Agreement are suspended during the period of force majeure.
TERMINATION: If a force majeure event continues for more than sixty (60) days, either party may terminate this Agreement upon written notice.
NOTIFICATION: We will make reasonable efforts to notify you of force majeure events affecting the Service.
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25. GOVERNING LAW & JURISDICTION
25.1 Governing Law.
ARBITRATION: This arbitration agreement (Section 22) and its interpretation and enforcement are governed by the **Federal Arbitration Act (FAA), 9 U.S.C. §§ 1-16**, and not by state law. The FAA preempts state law to the extent of any conflict.
ALL OTHER PROVISIONS: For all other provisions of this Agreement not relating to arbitration, the laws of the **State of Delaware, United States**, govern, without regard to its conflict-of-laws principles.
FEDERAL LAW PREEMPTION: To the extent federal law applies or preempts state law (e.g., Copyright Act, patent law, export control laws), federal law governs.
25.2 Exclusive Jurisdiction & Venue (Non-Arbitration Matters).
For any disputes NOT subject to arbitration (e.g., if you opt out per Section 22.13, if the arbitration clause is found unenforceable per Section 22.16, or for matters excluded from arbitration per Sections 22.9-22.11):
EXCLUSIVE JURISDICTION: You agree to the exclusive jurisdiction of the state and federal courts located in **Delaware, United States**.
EXCLUSIVE VENUE: You agree that exclusive venue for any such dispute is in **Delaware**.
WAIVER: You irrevocably waive any objection to venue in Delaware, including any objection based on inconvenient forum.
EXCEPTION: Small claims court actions may be brought in Delaware or your county/parish of U.S. residence per Section 22.9.
25.3 Waiver of Jury Trial.
FOR ANY DISPUTES RESOLVED IN COURT (not arbitration), YOU AND FURTHER THEORY WAIVE THE RIGHT TO TRIAL BY JURY.
This waiver applies to all claims, whether based in contract, tort, statute, or any other legal theory.
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26. CONTACT INFORMATION
For questions, concerns, or notices regarding this Agreement:
FURTHER THEORY, LLC
GENERAL INQUIRIES:
Online Form: plotwings.com/support
Website: plotwings.com
LEGAL NOTICES:
Online Form: plotwings.com/support (subject: "Legal Notice")
Postal Mail:
6 Liberty Square
#2327
Boston, MA 02109
United States
Attn: Legal Department
SPECIFIC ISSUES:
• Privacy inquiries: Online Form: plotwings.com/support (subject: "Privacy")
See Privacy Policy at plotwings.com/app-privacy-policy
• Copyright (DMCA) notices: Online Form: plotwings.com/support (subject: "DMCA")
Postal:
6 Liberty Square
#2327
Boston, MA 02109
United States, Attn: Copyright Agent/DMCA
• Account deletion: In-app (Settings → Account → Delete Account)
Or Online Form: plotwings.com/support (subject: "Delete My Account")
• Subscription management: iOS Settings → [Your Name] → Subscriptions
• Refund requests: Contact Apple at https://reportaproblem.apple.com
• Apple ID or App Store issues: https://support.apple.com
• Pre-arbitration notice of dispute: Online Form: plotwings.com/support AND postal mail to address above (Section 22.1)
• Arbitration opt-out: Online Form: plotwings.com/support (subject: "Arbitration Opt-Out")
AND postal mail within 30 days to address above (Section 22.13)
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END OF TERMS OF SERVICE
By downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Agreement serves as the custom End User License Agreement (EULA) for the App as required by Apple's App Store guidelines.
Last Updated: October 28, 2025