Terms of Use

1) Acceptance of Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you and Hoo Hoo Studios ("Hoo Hoo Studios," "we," "our," or "us") governing your use of our mobile applications and other software (the "Apps"), our website at hoohoo.studio, and related services (collectively, the "Services").

By downloading, installing, accessing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

2) License Grant

Subject to your compliance with these Terms, Hoo Hoo Studios grants you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install our Apps on devices you own or control
• Access and use the Services for your personal or internal purposes, subject to these Terms

This license does not include the right to sublicense, sell, resell, or commercially exploit any part of the Services. Additional or different license terms may apply to a particular App or feature and will be presented with it.

3) Restrictions

You agree not to:

• Copy, modify, distribute, sell, or lease any part of the Services
• Reverse engineer, decompile, or disassemble the software, except where permitted by law
• Attempt to extract source code from the Services
• Remove, alter, or obscure any copyright, trademark, or proprietary notices
• Use the Services for any illegal, harmful, or unauthorized purpose
• Use the Services to harass, abuse, deceive, defame, or impersonate any person
• Transmit unlawful, infringing, or harmful content using the Services
• Interfere with or disrupt the Services, or any systems or networks connected to them
• Use automated means to access, scrape, or extract data from the Services

Additional restrictions may apply to a particular App or feature and will be presented with it.

4) Fees and Purchases

Some Services are offered free of charge. Others may be offered for a one-time price, on a subscription basis, or with optional purchases available inside an App. The price and any terms applicable to a paid Service are disclosed at the point of purchase.

Purchases of our Apps, and purchases made inside them, are processed by Apple through the App Store and are subject to Apple's terms. We do not collect, receive, or store your payment details. Refund requests are handled by Apple in accordance with its policies. Where a subscription is offered, it renews and may be cancelled through your Apple account settings.

Where a Service is offered free of charge, we may change, limit, or discontinue it at any time.

5) Your Content

You retain all rights in the content you create, import, or send using the Services ("Your Content"). We claim no ownership of Your Content and acquire no license to it beyond what is necessary to provide the Service you are using.

Except as described in our Privacy Policy or in the materials accompanying a particular App, Your Content is stored locally on your device and is not transmitted to us. Where an App transmits Your Content — for example, to send a message through a service operated by Apple or another provider — that transmission is handled by the provider concerned and is subject to that provider's terms.

You are responsible for Your Content and for ensuring that you hold the rights necessary to create, use, and transmit it. Where we do not host Your Content, we cannot review, moderate, retrieve, or remove it, including content that has already been sent to another person. Complaints about content sent to you by another person are a matter for that person, the provider carrying it, or the relevant authorities.

If you contact us for support, we retain your message for the purpose of responding, as described in our Privacy Policy.

6) Third-Party Services and Content

Certain Services may retrieve, display, or link to data, maps, imagery, or other content supplied by third parties, including public data sources and open data projects. That content belongs to its respective owners, may be subject to its own license terms and attribution requirements, and may be inaccurate, incomplete, outdated, or unavailable.

We do not control third-party content or services and make no representations or warranties about them. Your use of a third-party service may be governed by a separate agreement between you and that provider. We are not responsible for the availability, accuracy, legality, or content of any third-party service.

Services that present third-party data are provided for general informational purposes only. You should not rely on them where accuracy is essential, and any reliance you place on such data is at your own risk.

7) Intellectual Property

The Services and all content, features, and functionality (including but not limited to text, graphics, logos, icons, images, audio, video, software, and code) are owned by Hoo Hoo Studios or our licensors and are protected by copyright, trademark, and other intellectual property laws.

The Hoo Hoo Studios name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Hoo Hoo Studios. You may not use these marks without our prior written permission.

8) Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

• The Services will be uninterrupted, secure, or error-free
• Defects will be corrected
• The Services or servers are free of viruses or harmful components
• The Services will meet your requirements or expectations
• Any data or content presented through the Services is accurate, complete, or current

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

9) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOO HOO STUDIOS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.

In no event shall our total liability to you for all claims exceed the greater of (a) the amount you paid for the Service giving rise to the claim in the twelve (12) months preceding the claim, or (b) fifty US dollars ($50).

Some jurisdictions do not allow limitations on implied warranties or liability, so some of the above may not apply to you.

10) Indemnification

You agree to indemnify, defend, and hold harmless Hoo Hoo Studios and its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create, use, or send through the Services

11) Termination

The license granted in Section 2 terminates automatically if you fail to comply with these Terms. You may terminate at any time by ceasing to use the Services and uninstalling our Apps.

We may modify, suspend, or discontinue any Service, in whole or in part, at any time. An App already downloaded to your device may continue to function after we cease distributing or supporting it, and Apple may remove it from the App Store under its own terms.

Uninstalling an App deletes the data that App stored on your device. Sections that by their nature should survive termination (including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law) will survive.

12) Governing Law & Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of California and the federal laws of the United States applicable therein, without regard to conflict of law principles.

Any dispute arising from these Terms or the Services shall be brought exclusively in the state or federal courts located in California, and you and Hoo Hoo Studios each consent to the personal jurisdiction of those courts. Either party may instead bring a qualifying claim in small claims court, and either party may seek injunctive relief in any court of competent jurisdiction.

Nothing in these Terms limits any right you may have under the mandatory consumer protection laws of the jurisdiction in which you reside.

13) Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the new Terms on this page and updating the Effective Date above.

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.

14) Apple App Store

Our Apps are distributed through the Apple App Store. The following terms are required by Apple and apply to your use of any App obtained from the App Store:

• These Terms are concluded between you and Hoo Hoo Studios only, and not with Apple. Apple is not responsible for the Apps or their content.
• Your license to use an App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the App Store Terms of Service.
• We are solely responsible for providing any maintenance and support for the Apps. Apple has no obligation to furnish maintenance or support.
• We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If an App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you, if any. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Apps.
• We, not Apple, are responsible for addressing any claim by you or a third party relating to an App or your possession and use of it, including product liability claims, claims that an App fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation.
• We, not Apple, are responsible for the investigation, defense, settlement, and discharge of any third-party claim that an App or your possession and use of it infringes that third party's intellectual property rights.
• You must comply with any applicable third-party terms of agreement when using an App.
• You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

15) Contact Us

If you have questions about these Terms, contact: