End User License Agreement
This End User License Agreement (this “Agreement”) is a binding legal agreement between you (“you” or “user”) and Mouseios, Inc., a Delaware corporation (“Mouseios,” “we,” “us,” or “our”), with its principal place of business at 9431 Haven Ave, Suite 100 PMB 1048, Rancho Cucamonga, CA 91730.
The “Service” means, collectively: (a) the Mouseios mobile application (the “App”), available on the Apple App Store (iOS) and Google Play (Android); and (b) the Mouseios website and web-based platform located at mouseios.com, including subscription and checkout pages at mouseios.com/pro (the “Website”). Mouseios is a sketch-to-image creative platform.
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE SERVICE.
1. LICENSE GRANT
Subject to your compliance with this Agreement, Mouseios grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) download, install, and use the App on mobile devices that you own or control; and (ii) access and use the Website through a standard web browser; in each case solely for your personal, non-commercial purposes.
You must be at least thirteen (13) years of age to use the App. If you are between the ages of 13 and the age of legal majority in your jurisdiction, you may only use the App with the consent and under the supervision of a parent or legal guardian who agrees to be bound by this EULA. If you are a parent or legal guardian granting consent for a minor, you are fully responsible for that minor’s use of the App.
1(a). Apple Devices
If you download or use the App on an Apple-branded device, your use of the App is limited to use on Apple-branded products that you own or control and as permitted by the Apple Media Services Terms of Service, including the Usage Rules set forth therein. See section 11 for more information.
1(b). Android Devices
If you download or use the App on an Android device, your use of the App is limited to use on Android devices in accordance with Google Play Terms of Service. See section 12 for more information.
1(c). Scope of License
This license applies to the Service, including all software and platform components thereof. Rights in any output generated through the Service (“Outputs”) are governed by the Mouseios Terms of Service. The App may update automatically on your device. The Website may be modified, updated, or discontinued at any time in Mouseios’s sole discretion. All rights not expressly granted herein are reserved by Mouseios. The Service is licensed, not sold.
1(d). Ownership
The Service, including all software, artificial intelligence and machine learning models, website content, and the “Mouseios” and “MOo” marks, is and remains the exclusive property of Mouseios and its licensors. Nothing in this Agreement transfers any ownership interest in or to the Service to you.
1(e). Zero Tolerance for Objectionable Content
Mouseios enforces a zero-tolerance policy for objectionable, abusive, or illegal content. You must not use the App to create, upload, generate, or share content that is sexually explicit, depicts or promotes violence or self-harm, is hateful or harassing, sexualizes or otherwise harms minors, infringes others’ rights, or is otherwise unlawful. Without limiting the foregoing, you strictly agree not to use the App to upload inputs or generate outputs that contain, depict, or promote:
- child exploitation material (CSAM) or non-consensual sexually explicit content;
- hate speech, systematic harassment, or severe violence;
- deceptive, defamatory, or fraudulent content (including malicious "deepfakes"); or
- intentional copyright mimicry or dangerous weapon blueprints.
Violators will have their access to the App blocked and accounts permanently terminated with zero refunds. We have no obligation to pre-screen content but reserve the right to, and we may remove any content and suspend or terminate any account, in our sole discretion and without notice, for any actual or suspected breach. You can report objectionable content or abusive users in-app; we review reports and take the action we determine appropriately (which can include removing content and ejecting the responsible user) within a reasonable time.
1(f). Reporting
The Service provides in-app and on-platform reporting mechanisms for users to report objectionable content or abusive behavior. Mouseios will review reports within twenty-four (24) hours and may, in its sole discretion, remove content and terminate accounts of users who violate this Agreement.
1(g). AI-Generated Content
Outputs are generated by machine learning models and are provided “as is.” Outputs may be inaccurate, unexpected, or may resemble existing works. Mouseios makes no representations or warranties regarding the accuracy, completeness, originality, or fitness for any purpose of any Outputs. You are solely responsible for your use of any Outputs generated through the Service.
2. ACCOUNT CREATION
Certain features of the App may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify Mouseios immediately of any unauthorized use of your account. Mouseios is not liable for any loss or damage arising from your failure to maintain the security of your account.
3. ACCEPTABLE USE
You shall not, and shall not permit any third party to:
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, AI models, model weights, algorithms, or underlying structure of the Service
- Use the App in any way that violates any applicable federal, state, local, or international law or regulation;
- Upload, transmit, or distribute any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, or otherwise objectionable;
- Upload content that you do not have the right to transmit under any law or contractual or fiduciary relationship;
- Upload content containing software viruses, malware, or any other harmful code;
- Interfere with or disrupt the integrity or performance of the App or the data contained therein;
- Attempt to gain unauthorized access to the App or its related systems or networks;
- Use the App to harvest or collect information about other users without their consent;
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
- Use the App for any commercial purpose not expressly permitted under this EULA without prior written consent of Mouseios.
4. WARRANTIES AND DISCLAIMERS
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOUSEIOS AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
MOUSEIOS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL CODE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOUSEIOS OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SHOULD THE SERVICE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
5. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MOUSEIOS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR PERSONAL INJURY, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COMMERCIAL DAMAGES OR LOSSES, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF MOUSEIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOUSEIOS’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (I) THE AMOUNTS YOU HAVE PAID TO MOUSEIOS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) FIFTY UNITED STATES DOLLARS (US $50.00).
In no event shall Mouseios’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
6. INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mouseios and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
- any content, inputs, prompts, or material you submit through the Service;
- your use of the Service or any Outputs generated thereby;
- your violation of this Agreement, any applicable law, or any third-party rights; or
- your violation of any third party’s intellectual property rights, privacy rights, or publicity rights.
7. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The App, including its software, AI models, and the “Mouseios”, “MOo”, and “MOov” marks, is licensed, not sold, and is owned by Mouseios and its licensors. You receive only the license expressly granted above and acquire no other rights in the App. The App, including all copyrights, trademarks, patents, trade secrets, and other intellectual property rights (excluding raw user inputs), is and shall remain the sole and exclusive property of Mouseios. You acknowledge that, in the event of any third-party claim that the App infringes that third party’s intellectual property rights, Mouseios, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You retain all ownership rights in and to any content you upload to the App. By uploading content to the App, you grant Mouseios a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, modify, and display your content solely for the purposes of operating the App, providing the App services and any AI generation services, improving the App and its underlying AI models, and fulfilling Mouseios’s obligations under this EULA. This license survives termination of your account solely to the extent necessary to complete processing already in progress or initiated. If you provide Mouseios with any suggestions, feedback, bug reports, or recommendations regarding the App ("Feedback"), you hereby assign to Mouseios all right, title, and interest in such Feedback, and Mouseios is free to use the Feedback without any obligation to you.
8. ARBITRATION AND CLASS-ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
8(a). Informal Resolution
Before initiating any arbitration or court proceeding, you and Mouseios each agree to attempt to resolve any dispute informally for at least sixty (60) days. The informal negotiation period begins upon receipt of written notice from one party to the other. Notices to Mouseios shall be sent to joe@mouseios.com.
8(b). Binding Individual Arbitration
If the parties are unable to resolve a dispute through informal negotiation within the sixty (60) day period, either party may initiate binding arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration provision. Arbitration shall be conducted by a single arbitrator, in the English language, in San Bernardino County, California, in the county where you reside, or by videoconference, at your election. For claims under twenty-five thousand dollars ($25,000), arbitration shall proceed solely on written submissions unless the arbitrator determines that a hearing is necessary.
8(c). Class-Action Waiver
YOU AND MOUSEIOS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. IF THIS CLASS-ACTION WAIVER IS FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM, THAT CLAIM (AND ONLY THAT CLAIM) SHALL BE SEVERED FROM THE ARBITRATION AND BROUGHT IN A COURT OF COMPETENT JURISDICTION.
8(d). Batch Arbitration
If twenty-five (25) or more similar arbitration demands are filed by or with the assistance of the same law firm or coordinated counsel, the parties agree that these shall be grouped into bellwether batches of no more than ten (10) demands each. A single arbitrator shall preside over each batch. No further batches shall proceed until the bellwether batch is resolved.
8(e). Opt-Out
You may opt out of this arbitration provision by sending written notice to joe@mouseios.com with the subject line “Arbitration Opt-Out” within thirty (30) days of first accepting this Agreement. Your notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration.
8(f). Claim Window
Any claim arising out of or relating to this Agreement or the Service must be filed within one (1) year after the event giving rise to the claim. This limitations period is tolled during the informal resolution period described in Section 8(a) and during any batch arbitration stay described in Section 8(d).
8(g). Exceptions
Notwithstanding the foregoing, either party may bring an individual action in small claims court for claims that qualify. Either party may also seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, or to address security-related claims.
9. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. For any claims not subject to the arbitration provision set forth in Section 8, you and Mouseios consent to the exclusive jurisdiction of the state and federal courts located in San Bernardino County, California. You consent to personal jurisdiction and venue in such courts and waive any objection based on inconvenient forum.
10. DMCA NOTICE-AND-TAKEDOWN
10(a). Designated Agent
Mouseios’s designated agent for receiving notifications of claimed copyright infringement may be reached at: dmca@mouseios.com (subject line: “DMCA Notice”).
10(b). Notice Requirements
To be effective, a DMCA notice must comply with 17 U.S.C. § 512(c)(3) and must include:
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and its location within the Service;
- your contact information, including name, address, telephone number, and email address;
- a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and
- a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
10(c). Actions
Upon receipt of a valid DMCA notice, Mouseios may remove or disable access to the allegedly infringing material and may forward the notice to the user who posted the material.
10(d). Counter-Notices
If you believe that material removed or disabled is not infringing, you may file a counter-notice consistent with the requirements of 17 U.S.C. § 512(g). Mouseios will process counter-notices in accordance with applicable law.
10(e). Repeat Infringers
Mouseios will terminate the accounts of users who are repeat infringers in appropriate circumstances.
11. APPLE-SPECIFIC TERMS
The following terms apply solely with respect to your use of the App on Apple-branded devices:
Apps made available through the App Store are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any Apple App under this Standard EULA or Custom EULA is granted by Apple, and your license to any Third Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that Third Party App. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application.” The Application Provider or Apple as applicable (“Licensor”) reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
11(a). Scope of License
Mouseios grants you a nontransferable license to use the App on any Apple-branded products that you own or control and as permitted by the Usage Rules. The terms of this EULA will govern any content, materials, or services accessible from or purchased within the App as well as upgrades provided by Mouseios that replace or supplement the original App, unless such upgrade is accompanied by a separate end user license agreement. Except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the App and, if you sell your Apple Device to a third party, you must remove the App from the Apple Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App).
11(b). Consent to Use of Data
You agree that Mouseios may collect and use technical data and related information — including but not limited to technical information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. Mouseios may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. For more details, please visit our Mouseios Terms of Service and Privacy Policy.
11(c). Termination
This EULA is effective until terminated by you or Mouseios. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms.
11(d). External Services
The App may enable access to Mouseios's and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Mouseios is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by the App or any External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Mouseios or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of Mouseios or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Mouseios is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Mouseios reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
11(e). NO WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MOUSEIOS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MOUSEIOS OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
11(f). Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MOUSEIOS BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF MOUSEIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Mouseios's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11(g). You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
11(h). The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
11(i). This EULA and the relationship between you and Mouseios shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Mouseios agree to submit to the personal and exclusive jurisdiction of the courts located within San Bernardino County, California, to resolve any dispute or claim arising from this EULA, subject to the arbitration and class-action waiver provisions set forth elsewhere in this Agreement. Specifically excluded from application to this EULA is that law known as the United Nations Convention on the International Sale of Goods.
12. GOOGLE PLAY-SPECIFIC TERMS
- This EULA is between you and Mouseios only, not with Google. Google is not a party to this EULA and is not responsible for the App, its content, or its support. Google has no obligation to furnish any maintenance or support services with respect to the App. Google and its subsidiaries are third-party beneficiaries of this EULA and, upon your acceptance, have the right (and are deemed to have accepted the right) to enforce it against you.
- Your use of Google Play is governed by the Google Play Terms of Service; this EULA supplements (and does not replace) any default license terms that Google Play applies where they cannot be varied.
- Scope of license. The license granted is limited to use of the App on Android devices that you own or control, as permitted by the Google Play Terms of Service.
- Support & claims. Questions, complaints, or claims about the App should be directed to Mouseios at joe@mouseios.com, not to Google.
13. SUBSCRIPTIONS AND IN-APP PURCHASES
- The App may offer digital content, services, or functionality via transaction models known as In-App Purchases ("IAP") or Subscriptions.
- Billing frameworks: All payments, transactions, and payment methods for IAPs are handled entirely by the respective marketplace platform (Apple App Store or Google Play Store) through which you downloaded the application. You agree to comply with all relevant platform terms of service regarding payments. Mouseios may offer free trial periods for subscription services. At the end of a free trial, your subscription will automatically convert to a paid subscription unless you cancel before the end of the trial period. You may be required to provide payment information to initiate a free trial.
- Refund Policies: Mouseios does not directly process payments or issue refunds for IAPs. Any request for a refund must be submitted directly to Apple or Google through your respective marketplace platform account settings.
- Cancellations: Recurring subscriptions automatically renew at the end of each billing cycle unless you disable auto-renewal through your Apple ID or Google Play Account Settings at least 24 hours before the current period ends.
- Price Changes: Mouseios reserves the right to change subscription prices at any time. Price changes for existing subscribers will take effect at the start of the next subscription period following the date of the price change. The applicable platform (Apple or Google) will notify you of any price change in advance and, if required, seek your consent to continue. If you do not agree to the price change, you may cancel your subscription before the change takes effect.
- Virtual Items/Credits: Virtual items, credits, tokens, or other virtual currencies purchased or earned within the App (collectively, "Virtual Items") have no real-world monetary value and cannot be exchanged for cash, redeemed for value outside the App, or transferred to other users or third parties. Virtual Items are non-refundable (except as required by applicable law or platform policies). Mouseios reserves the right to modify, manage, regulate, control, or eliminate Virtual Items at any time, with or without notice.
14. TERM AND TERMINATION
This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice if you fail to comply with any term of this Agreement. Mouseios may suspend or terminate your access to the Service at any time, with or without cause, in its sole discretion. Upon termination, you shall cease all use of the Service and delete all copies of the App in your possession or control. You may delete your account at any time through the account Settings within the Service or by contacting Mouseios at joe@mouseios.com.
15. OTHER GENERAL PROVISIONS
15(a). Severability
If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
15(b). Entire Agreement
This Agreement, together with the Mouseios Terms of Service and Privacy Policy, constitutes the entire agreement between you and Mouseios with respect to the use of the Service and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
15(c). Waiver
No failure or delay by Mouseios in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.
15(d). Updates to Agreement
Mouseios may update this Agreement from time to time. The “Last Updated” date at the top of this Agreement will be revised to reflect the most recent update. Material changes will be communicated to you in accordance with applicable law. Your continued use of the Service after such changes constitutes your acceptance of the revised Agreement. Nothing in this section shall be construed as a waiver of any non-waivable statutory rights you may have under applicable law.
15(e). Contact Information
If you have any questions about this Agreement, please contact us at:
- Mouseios, Inc.
- 9431 Haven Ave, Suite 100 PMB 1048
- Rancho Cucamonga, CA 91730
- Email: joe@mouseios.com