Terms of Service
Last Updated April 10, 2025
General Information
IF YOU ARE EXPERIENCING AN EMERGENCY, IMMEDIATELY DIAL 911. NO INFORMATION MADE AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE INTERPRETED TO BE, PROFESSIONAL HEALTHCARE ADVICE.
Welcome to My Maru. These Terms governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and Maru Interactive, Inc. Read these Terms carefully before using the Services. By accessing or using the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTION THEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend these Terms at any time by posting a revised version on the Website. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date of such revision constitutes your acceptance of the revised Terms.
These Terms include, by reference, Company’s Privacy Policy, as amended from time to time.
THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. BY ACCEPTING THESE TERMS, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND COMPANY AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND COMPANY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BY USING THE SERVICES, YOU CONFIRM THAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICES UNDER APPLICABLE LAW.
THE SERVICES ARE NOT DIRECTED TO CHILDREN UNDER 13 AND YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER 13 YEARS OLD. BY ACCESSING AND/OR USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OR OTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OF RESIDENCE, YOU MAY ONLY USE THE SERVICES WITH PERMISSION FROM AND UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 4 OF THESE TERMS.
1. Definitions
“Account” means any individual User account that you may create in order to use the Services.
“Company” means Maru Interactive, Inc. References to “us” “we,” or “our” means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“App” means the mobile application My Maru inclusive of all underlying images, characters, literary works, source code, object code, musical compositions, sound recordings, audiovisual works, and any other materials and Intellectual Property Rights therein as well as any updates, expansions, or other DLC.
“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means a delivered writing by email, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.
“Privacy Policy” means our policy regarding data collection and processing, which also governs your use of the Services and is incorporated herein by reference.
“Protected Content” means all content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.
“Services” means the Website, the App, and all other applications, content, tools, features, and functionality offered on or through our Website and the App and any associated services or materials thereon.
“Terms” means these terms of service and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“User,” “you” or “your” means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
“User Generated Content” means any photos, images, likenesses, logos, marks, literary works, sound recordings, musical composition, audiovisual works and programs, modes, animations, names, and any other content or materials uploaded or shared via the Services by participating in forums or communicating with Company on social media platforms.
“Website” means the online website “https://www.maruinteractive.com/” including all sub-pages, sub-domains, and associated domains thereof.
2. License
The Services are licensed to you for your personal use and entertainment only. Company hereby grants you a personal, limited, non-transferable, fully revocable, and non-exclusive license to use the Services for your non-commercial use, subject to your compliance with these Terms and subject to the limitations set forth in Section 3. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.
3. License Restrictions and Prohibited Conduct
As a condition of your use of the Services, you represent and warrant to Company that you will not use the Services for any purpose that is unlawful or prohibited by these Terms. Further, you agree that you will comply with these Terms and will not:
a. Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
b. Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in these Terms;
c. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
d. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or by applicable law notwithstanding this limitation;
e. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services;
f. Access any of the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;
g. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
h. Harvest or collect the email addresses or other contact information of other Users;
i. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy;
j. Use the Services in any manner which could damage, disable, overburden, or impair the Website, App or Website/App servers, or otherwise interfere with any other party’s use and enjoyment of the Services;
k. Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
l. Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
m. Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
n. Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose; and
o. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy.
Company also reserves all available legal rights and remedies to prevent the unauthorized use of the Services, including, but not limited to, technological barriers, IP mapping, and contacting your internet service provider.
4. Children Under 18
a. By using the Services, you warrant and represent that you: (1) are at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement; or (2) are a minor who has been authorized under the provisions of Section 4(b) below.
b. If you are the legal guardian of a minor, you can choose to allow use of the Services by that minor instead of yourself subject to the following provisions:
i. You acknowledge, and further agree that the aforementioned minor is entering into an agreement with your consent;
ii. You acknowledge, and further agree you are entirely responsible for all the provisions in these Terms;
iii. You acknowledge, and further agree, you are legally responsible for all actions of that minor, including but not limited to any payments, damages, and/or liabilities related to the actions of that minor;
iv. In consideration of Company allowing access to the Services by a minor, and in addition to the indemnification provisions set forth herein, the foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Company with respect thereto.
5. Account
You must have a valid Account to use the Services. You may create an Account by logging into your Apple or Google account and connecting the App to your Apple Health app account.
You acknowledge and agree that by using Apple or Google to create an Account, you may be subject to an agreement(s) with Apple or Google. For your reference, Apple’s terms and conditions are available here and Google’s terms and conditions are available here.
You acknowledge and agree that Company is not a party to any of the foregoing agreements or any other agreements between you Apple or Google, and compliance with such agreements is not monitored, enforced, or controlled by Company. If Company receives notice that your activity violates any of the foregoing or any similar agreement between you and Apple, Google, or any other third party, Company may, in our sole discretion, take action to bring you into compliance with such agreements. Such actions may include suspending or terminating your Service privileges.
You further acknowledge and agree that by accessing the Services via your existing Apple or Google account, you are providing Company with limited access any information including any personal information about you contained within in your Apple or Google account and associated credentials for the purpose of logging into the Services.
You may disactivate your Account at any time by selecting “deactivate profile” in the Profile/User section of the App and clicking “confirm.”
6. Electronic Communication
Each and every time you send an email or other electronic communication to Company, such communication will constitute an electronic communication. By using the Services, you consent to receive electronic communications and you agree that all agreements, Notices, disclosures and other communications that Company provides to you via electronic communication, individually and collectively, satisfy any legal requirement that such communications be in writing.
7. Intellectual Property Ownership
All Protected Content is the property of Company or its third-party suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright, trademark and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Protected Content, in whole or in part, found within the Services. Your use of the Services does not entitle you to make any unauthorized use of any of the Protected Content, and in particular you shall not delete or alter any proprietary rights or attribution notices in any Protected Content. You shall use Protected Content solely for your personal use, as outlined in these Terms, and will make no other use of the Protected Content without the express written permission of Company and/or Protected Content’s third-party owner, if applicable. You acknowledge and agree that you do not acquire any ownership rights in any Protected Content. Except as provided for herein, these Terms do not grant any licenses, express or implied, to the Protected Content or any other intellectual property of Company, our licensors, or any third party.
8. User Generated Content
You may provide us with User Generated Content as part of the Services. You represent and warrant that (i) you own or otherwise have the necessary rights to use and to grant us the right to use the User Generated Content you provide to us, and (ii) the User Generated Content will not infringe or violate any third-party rights including, without limitation, any publicity, copyright, trademark, or intellectual property rights.
You agree that any feedback will not be treated as confidential, and nothing in these Terms will restrict Company’s right to use, modify, publish, or otherwise exploit any feedback, without compensation to you. By creating any User Generated Content, you hereby grant Company a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, paid-up, fully transferable and sublicensable license to reproduce, modify, host, copy, display, publicly perform, create derivative works of, publicly display, transfer, or otherwise use or exploit such User Generated Content, in whole or in part.
9. Service Availability and Termination
You acknowledge and agree that:
a. Company has the discretion to immediately terminate or restrict access to the Services or any portion thereof, at any time, for any reason, without Notice and without liability to you;
b. Access to the Services may be interrupted for reasons within or beyond the control of Company and that Company cannot and does not guarantee you will be able to use the Services whenever you wish to do so; and
c. The Services may not be offered in all countries or geographic locations.
10. Company Disclaimer and Limitation of Liability and Remedies
COMPANY IS NOT A HEALTHCARE PROVIDER, BROKER, FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.
All information and content provided by Company through the Services is for informational and entertainment purposes only and Company does not guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. All information and content provided by Company through the Services is for informational and purposes only. Medical knowledge and practices are constantly evolving, and while we strive for accuracy, we cannot guarantee the accuracy, completeness, or timeliness or reliability of any such information or content. The Services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. It is always recommended that you consult with qualified healthcare professionals or medical experts with respect to any medical or health advice. Each individual’s health circumstances are unique, and professional medical advice tailored to the individual’s specific situation is vital. The Services are not intended for emergency medical needs.
No content or information is intended to provide financial, legal, tax, or other professional advice. Before making any decisions regarding use of the Services or the purchase of any other good or service, whether virtual or tangible, offered by the Services or any third party, you should consult your financial, legal, tax, or other professional advisers as appropriate. You acknowledge that you access content or information through the Services at your own risk and you are solely responsible for making the final determination as to the value and appropriateness of using the same.
USERS ARE NOT EMPLOYEES, PARTNERS, AGENTS, JOINT VENTURES, OR FRANCHISEES OF COMPANY. COMPANY DOES NOT PROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL OUR USERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF GOOD AND WORKMANLIKE QUALITY, WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THE NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT THERE ARE RISKS INVOLVED WITH AND INHERENT TO PLAYING ANY COMPUTER GAME OR APPLICATION INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, REPETITIVE STRESS INJURY, OR SIMILAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY WILL NOT BE RESPONSIBLE TO ANY USER FOR ANY PHYSICAL INJURIES, LOSS OF LIFE, DISMEMBERMENT, OR SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITY, AND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BE LIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHIN THE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN THE EVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BE LIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENT SHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE IN ANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BE IRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OR OBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
11. Representations and Warranties
In addition to any other representations and warranties made herein, you hereby represent and warrant that (a) you are not prohibited from receiving or using any aspect of the Services under applicable laws and (b) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements.
12. Links to Third Party Sites
The Services may contain links to third-party websites including those that may allow you to purchase certain goods and services related to the Services. The third-party websites are not under the control of Company and Company is not responsible for the contents of the same, including without limitation any link contained therein. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the third-party website or any association with its operators.
13. Use of Unreal® Engine from Epic Apps, Inc.
The App includes the Unreal® Engine code and other code, materials, and information (the “Epic Materials”) from Epic Apps, Inc. (“Epic”). All Epic Materials are provided on an “as is” and “as available” basis, “with all faults” and without warranty of any kind. Company, Epic, and Epic’s affiliates disclaim all warranties, conditions, common law duties, and representations (express, implied, oral, and written) with respect to the Epic Materials, including without limitation all express, implied, and statutory warranties and conditions of any kind, such as title, non-interference with your enjoyment, authority, non-infringement, merchantability, fitness or suitability for any purpose (whether or not Epic knows or has reason to know of any such purpose), system integration, accuracy or completeness, results, reasonable care, workmanlike effort, lack of negligence, and lack of viruses, whether alleged to arise under law, by reason of custom or usage in the trade, or by course of dealing. Without limiting the generality of the foregoing, Company, Epic, and Epic’s affiliates make no warranty that (1) any of the Epic Materials will operate properly, including as integrated in the App, (2) that the Epic Materials will meet your requirements, (3) that the operation of the Epic Materials will be uninterrupted, bug free, or error free in any or all circumstances, (4) that any defects in the Epic Materials can or will be corrected, (5) that the Epic Materials are or will be in compliance with a platform manufacturer’s rules or requirements, or (6) that a platform manufacturer has approved or will approve this App, or will not revoke approval of this App for any or no reason. Any warranty against infringement that may be provided in Section 2-312 of the Uniform Commercial Code or in any other comparable statute is expressly disclaimed by Company and Epic. Company, Epic, and Epic’s affiliates do not guarantee continuous, error-free, virus-free, or secure operation of or access to the Epic Materials. This paragraph will apply to the maximum extent permitted by applicable law.
To the maximum extent permitted by applicable law, neither Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers, shall be liable in any way for loss or damage of any kind resulting from the use or inability to use the Epic Materials or otherwise in connection with these Terms, including but not limited to loss of goodwill, work stoppage, computer failure, or malfunction, or any and all other commercial damages or losses. In no event will Company, Epic, Epic’s licensors, nor its or their affiliates, nor any of Company’s or Epic’s service providers be liable for any loss of profits or any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages arising out of or in connection with these Terms or the Epic Materials, or the delay or inability to use or lack of functionality of the Epic Materials, even in the event of Company’s, Epic’s, or Epic’s affiliates’ fault, tort (including negligence), strict liability, indemnity, product liability, breach of contract, breach of warranty, or otherwise and even if Company, Epic or Epic’s affiliates have been advised of the possibility of such damages. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Company, Epic, Epic’s licensors, its and their affiliates, and any of Company’s or Epic’s service providers shall be limited to the full extent permitted by law.
14. Device and Internet Connection
Use of and access to the Services may require the use of your personal computer, laptop, tablet, or mobile device, as well as communication with or use of space on such device. You are solely responsible for all internet and/or mobile data connection and all associated fees that you incur when accessing the Services.
15. International Users
The Services are controlled, operated and administered by Company from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
16. Release
You hereby agree to release Company from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs, and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services and any content therein. In furtherance of the foregoing, you hereby waive any applicable law or statute, which says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
17. Indemnification
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, agents and assigns from and against any and all claims, losses, costs, debt, liabilities and expenses (including, but not limited to attorney’s fees) arising from (i) your misuse of and access to the Services; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, intellectual property, or privacy right; (iv) your use of or inability to use the Services; and (v) any claim that you caused damage to a third party.
18. Dispute Resolution
In the event the parties are not able to resolve any Dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then, except as provided below, the parties hereby agree to submit any Dispute they cannot resolve informally to final and binding arbitration. The arbitration will be conducted remotely unless the arbitrator believes an in-person hearing is required, in which case the location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow California law in adjudicating the Dispute. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Interpretations of these Terms, including determinations of unconscionability, will be determined by the arbitrator selected through this provision. The arbitrator shall determine the scope and enforceability of this agreement to arbitrate, including whether any Dispute is subject to arbitration and shall rule on any defense, raised by a party hereto, that the claim(s) in question is exempt from this arbitration requirement. As part of the arbitration, the parties shall engage in the exchange and/or discovery of non-privileged information relevant to the Dispute, in accordance with JAMS rules.
The foregoing shall not apply to any claims that fall under the auspices of a small claims court of competent jurisdiction and either party may seek appropriate relief therein. The parties acknowledge and agree that any action with respect to your infringement or alleged infringement of any Intellectual Property Rights, claims that can be tried in small claims court, any action in which Company seeks equitable relief, or any other action that may not be submitted to arbitration under applicable law, including the enforcement of any arbitration ruling, shall be tried by a court of competent jurisdiction located in Los Angeles County, California. For that limited purpose, you hereby consent to the jurisdiction of the State of California and agree that its laws will be used to resolve any Disputes hereunder.
19. Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
20. Access Restriction
Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
21. Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
22. Apple App Store
The App is available for download via the Apple App Store on products made commercially available by Apple, Inc. (“Apple”). To the extent that you download and use the App on an Apple-branded product, the following terms and conditions apply:
a. You and Company acknowledge that these Terms operate between you and Company, and not with Apple;
b. Company, not Apple, is solely responsible for the Services and content thereof;
c. Your license to use the Services is limited to a non-transferable license to use the App on an Apple-branded product that you own or control, as permitted by the Apple App Store rules and conditions;
d. You acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Services;
e. In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple, via the methods described in the Apple App Store, and Apple will refund the purchase price for the Services to you, if any;
f. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Services, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, to the extent that it cannot be disclaimed under applicable law;
g. You and Company acknowledge that Company, not Apple, is responsible for addressing any claims of you or any third party relating to the Services or your possession and/or use of the Services, including but not limited to (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;
h. In the event of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
i. You represent and warrant that (i) you are not located in any 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, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
j. If you have any complaints, questions, comments, or concerns with respect to the Services, you should direct them to: support@maruinteractive.com;
k. You agree to comply with applicable third-party terms of agreement when using the Services; and
l. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
23. Miscellaneous
Company’s performance of the obligations described herein is subject to existing laws and legal process, and nothing contained in these Terms are in derogation of Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Company with respect to such use.
These Terms, the Privacy Policy, and any other document incorporated herein by reference constitute the entire agreement between you and Company with respect to the Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to the Services. A printed version of these Terms and of any Notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
These Terms are non-transferable, and you may not assign your rights and obligations under these Terms without the express written consent of Company.
If you have any questions regarding your use of the Services or compliance with these Terms, please contact us at support@maruinteractive.com.