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Terms and Conditions

Last Updated: January 1, 2025

Important: Please read these Terms and Conditions carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our Services.

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Iterative Labs ("Company," "we," "us," or "our") concerning your access to and use of our websites, mobile applications, desktop applications, and all related services (collectively, the "Services").

By accessing or using the Services, you confirm that you:

  • Are at least 18 years of age (or the age of majority in your jurisdiction)
  • Have the legal capacity to enter into these Terms
  • Will comply with these Terms and all applicable laws and regulations

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date at the top of these Terms
  • Sending an email notification to registered users
  • Displaying a prominent notice within our Services

Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must discontinue use of the Services.

3. Account Registration and Security

3.1 Account Creation

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security of your password and account
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities that occur under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for:

  • Violation of these Terms
  • Fraudulent, abusive, or illegal activity
  • Extended periods of inactivity
  • Requests by law enforcement or government agencies

4. Acceptable Use Policy

4.1 Permitted Use

You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use the Services in a professional and responsible manner.

4.2 Prohibited Activities

You agree NOT to:

  • Violate any applicable laws, regulations, or third-party rights
  • Use the Services for any illegal or unauthorized purpose
  • Transmit any harmful code, viruses, or malicious software
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Services or servers
  • Engage in any automated use of the system (scraping, bots, etc.) without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Harass, abuse, or harm other users
  • Collect or store personal data of other users without consent
  • Upload or transmit content that is unlawful, offensive, or inappropriate
  • Reverse engineer, decompile, or disassemble the Services
  • Remove or modify any copyright, trademark, or proprietary notices
  • Use the Services to compete with us or create derivative products

5. Intellectual Property Rights

5.1 Our Intellectual Property

The Services, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, are owned by Iterative Labs and are protected by copyright, trademark, patent, and other intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes, subject to these Terms.

5.2 User Content

You retain ownership of any content you submit, post, or upload to the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, and display your User Content in connection with providing the Services.

You represent and warrant that:

  • You own or have the necessary rights to your User Content
  • Your User Content does not violate any third-party rights
  • Your User Content complies with these Terms and applicable laws

5.3 Feedback

If you provide us with any feedback, suggestions, or ideas about the Services, you grant us the right to use such feedback without any obligation or compensation to you.

6. Purchases and Payments

6.1 Pricing and Payment

Certain features of the Services may require payment. All prices are in U.S. Dollars unless otherwise specified. You agree to pay all applicable fees and charges associated with your use of the Services.

6.2 Subscriptions

Some Services may be offered on a subscription basis. By purchasing a subscription, you authorize us to charge your payment method on a recurring basis until you cancel.

6.3 Refunds

Refund policies vary by product and service. Please refer to the specific product or service documentation for refund terms. Generally, all sales are final unless otherwise stated or required by law.

6.4 In-App Purchases

For mobile applications, purchases are processed through the Apple App Store or Google Play Store. These purchases are subject to the respective platform's terms and refund policies.

6.5 Price Changes

We reserve the right to change our prices at any time. We will provide advance notice of price changes for subscription services.

7. Third-Party Services and Links

Our Services may contain links to third-party websites, applications, or services that are not owned or controlled by us. We are not responsible for the content, privacy policies, or practices of any third-party services.

Your use of third-party services is at your own risk and subject to the terms and conditions of those services.

8. Disclaimers and Limitations of Liability

8.1 No Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability, fitness for a particular purpose, and non-infringement
  • Uninterrupted, timely, secure, or error-free operation
  • Accuracy, reliability, or completeness of content
  • Freedom from viruses or harmful components

8.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ITERATIVE LABS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM:

  • Your use or inability to use the Services
  • Any unauthorized access to or use of our servers and/or personal information
  • Any interruption or cessation of transmission to or from the Services
  • Any bugs, viruses, or harmful code transmitted through the Services
  • Any errors or omissions in content or loss of data

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

8.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

9. Indemnification

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

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your User Content
  • Your negligent or willful misconduct

10. Data Protection and Privacy

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding the collection, use, and disclosure of your personal information.

11. Mobile Applications

11.1 App Store Terms

If you access our Services through a mobile application downloaded from the Apple App Store or Google Play Store, you acknowledge and agree to the applicable platform's terms of service:

  • Apple App Store: Licensed Application End User License Agreement (LAEULA)
  • Google Play Store: Google Play Terms of Service

11.2 Mobile Specific Terms

  • You may use the mobile application only on devices you own or control
  • You are responsible for any data charges incurred while using the application
  • Updates may be required for continued use of the application
  • The application may not be available in all countries or languages

11.3 Platform Fees

Purchases made through mobile applications may be subject to platform fees charged by Apple or Google. These fees are collected by the respective platforms, not by Iterative Labs.

12. Desktop Applications

If you download and install our desktop applications:

  • You are granted a limited, non-exclusive, non-transferable license to use the software
  • You may install the software on devices you own or control
  • You may not distribute, sublicense, or transfer the software to third parties
  • Updates may be provided automatically or manually
  • System requirements may change with updates

13. SaaS Services

For our Software-as-a-Service (SaaS) platforms:

  • We provide access to cloud-based software on a subscription basis
  • We maintain the infrastructure, security, and updates
  • You are responsible for your data and account security
  • Service level agreements (SLAs) may apply for enterprise customers
  • We may perform scheduled maintenance with advance notice
  • Data export options are available upon request

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

  • Using the account deletion feature in your settings
  • Contacting our support team
  • Ceasing to use the Services

14.2 Termination by Us

We may terminate or suspend your access to the Services immediately, without prior notice, for:

  • Breach of these Terms
  • Fraudulent or illegal activity
  • At our discretion for any or no reason

14.3 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease
  • We may delete your account and data after a reasonable period
  • You remain liable for any outstanding payments
  • Provisions that by their nature should survive will remain in effect

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us and attempt to resolve the dispute informally by sending a written notice to legal@iterativelabs.dev.

15.2 Arbitration

Any dispute arising from these Terms or the Services shall be resolved through binding arbitration, except where prohibited by law. You waive your right to a jury trial or to participate in a class action lawsuit.

15.3 Exceptions

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

16. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

You agree to submit to the personal jurisdiction of the courts located in the United States for the purpose of litigating all such claims or disputes.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us, constitute the entire agreement between you and Iterative Labs concerning the Services.

20. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

21. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, pandemics, or government actions.

22. Export Compliance

You agree to comply with all applicable export and import control laws and regulations. You may not use the Services in violation of any export embargo, prohibition, or restriction.

23. Accessibility

We strive to make our Services accessible to all users, including those with disabilities. If you experience any accessibility issues, please contact us at accessibility@iterativelabs.dev.

24. Language

These Terms are provided in English. Any translations are provided for convenience only. In the event of any conflict, the English version shall prevail.

25. App Store and Play Store Acknowledgements

25.1 Apple App Store

If you downloaded our app from the Apple App Store, you acknowledge that:

  • These Terms are between you and Iterative Labs, not Apple
  • Apple has no obligation to provide maintenance or support
  • Apple is not responsible for addressing any claims relating to the app
  • Apple is a third-party beneficiary of these Terms
  • You comply with the Apple Media Services Terms and Conditions

25.2 Google Play Store

If you downloaded our app from Google Play, you acknowledge that:

  • These Terms are between you and Iterative Labs, not Google
  • Google has no obligation or liability with respect to the app
  • You comply with the Google Play Terms of Service

26. Contact Information

Legal Inquiries

If you have any questions about these Terms, please contact us:

Email: legal@iterativelabs.dev
Website: https://iterativelabs.dev

27. Acknowledgement

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

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