EULA

END USER LICENSE AGREEMENT (EULA)

Ink'd Mayhem

Last updated: 6/2/24

1. Introduction

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Ink'd Mayhem ("Company", "we", "our", or "us") for the use of the Ink'd Mayhem mobile application ("App"). By downloading, installing, or using the App, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, or use the App.

2. License Grant

Ink'd Mayhem grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, subject to the terms and conditions of this Agreement.

3. Description of the App

Ink'd Mayhem is an iMessage app that allows users to play a Rock Paper Scissors (RPS) game with metal music-inspired design elements. Users can unlock original metal music songs by winning RPS games. Additionally, users can subscribe to the Anthology to stream all the songs immediately without the need to win games.

4. Subscription and In-App Purchases

a. Anthology Subscription: Users can subscribe to the Anthology to gain immediate access to all songs. The subscription is available on a monthly basis and will automatically renew unless canceled.

b. In-App Purchases: Users can unlock individual songs by winning RPS games. These songs can also be unlocked through in-app purchases.

5. User Conduct

You agree not to use the App in any way that:

a. Violates any applicable law or regulation. b. Infringes the rights of any third party, including intellectual property rights. c. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable. d. Interferes with the operation of the App or the servers or networks used to make the App available.

6. Intellectual Property

All content, features, and functionality in the App, including but not limited to text, graphics, logos, images, and software, are the exclusive property of Ink'd Mayhem and are protected by copyright, trademark, and other intellectual property laws. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material in the App without the prior written consent of Ink'd Mayhem.

7. Termination

Ink'd Mayhem reserves the right to terminate or suspend your access to the App at any time, without notice, for conduct that we believe violates this Agreement or is harmful to other users, us, or third parties, or for any other reason.

8. Disclaimer of Warranties

The App is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Ink'd Mayhem does not warrant that the App will be uninterrupted or error-free, that defects will be corrected, or that the App is free of viruses or other harmful components.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Ink'd Mayhem be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the App; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through our App by any third party; (iv) any errors or omissions in any content or for any loss or damage incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available through the App; and/or (v) the defamatory, offensive, or illegal conduct of any third party.

10. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in San Luis Obispo, California, and the parties hereby consent to the personal jurisdiction and venue therein.

11. Changes to this Agreement

Ink'd Mayhem reserves the right to modify this Agreement at any time. We will notify you of any changes by posting the new Agreement on the App. You are advised to review this Agreement periodically for any changes. Your continued use of the App after any changes constitutes your acceptance of the new Agreement.

12. Contact Information

If you have any questions about this Agreement, please contact us here.