By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must immediately discontinue use of all Services.
1. Eligibility
You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to use the Services. By using the Services, you represent and warrant that you meet this requirement. If you are using the Services on behalf of a business entity, you represent that you have the authority to bind that entity to these Terms.
2. Accounts and Registration
Certain Services may require you to create an account. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your information; (c) maintain the security of your password and accept all risks of unauthorized access; and (d) immediately notify the Company of any unauthorized use of your account. You are solely responsible for all activity under your account.
3. License Grant and Restrictions
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal or internal business purposes. You shall not: (a) copy, modify, distribute, sell, lease, or create derivative works of the Services; (b) reverse engineer, decompile, or disassemble any portion of the Services; (c) remove, alter, or obscure any proprietary notices; (d) use the Services to build a competing product or service; (e) use automated systems (bots, scrapers, crawlers) to access the Services without express written permission; or (f) use the Services for any unlawful purpose.
4. Intellectual Property
All right, title, and interest in and to the Services, including all software, code, algorithms, designs, graphics, trademarks, service marks, trade names, logos, and content (collectively, “Company IP”), are and shall remain the exclusive property of MiceBalls, LLC. Nothing in these Terms grants you any right to use the Company’s trademarks, logos, or brand features without prior written consent. Any feedback, suggestions, or ideas you provide regarding the Services (“Feedback”) shall become the sole and exclusive property of the Company, and you hereby irrevocably assign all right, title, and interest in such Feedback to the Company without additional compensation.
5. User Content
You retain ownership of any content you submit, upload, or transmit through the Services (“User Content”). By submitting User Content, you grant the Company a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such User Content solely for the purpose of operating and improving the Services. You represent and warrant that you own or have the necessary rights to grant this license and that your User Content does not infringe any third-party rights.
6. Payment Terms
Certain Services may be offered on a subscription or one-time purchase basis. All fees are stated in U.S. dollars and are non-refundable except as expressly provided herein or required by applicable law. Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date. The Company reserves the right to change pricing upon thirty (30) days’ written notice. For purchases made through the Apple App Store or Google Play Store, the respective platform’s refund policies apply.
7. Disclaimers and Limitation of Liability
The Services are provided “as is” and “as available” without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Company does not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
To the maximum extent permitted by applicable law, in no event shall MiceBalls, LLC, its members, managers, officers, employees, agents, licensors, or suppliers be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, arising out of or in connection with your access to or use of (or inability to use) the Services, regardless of the theory of liability (contract, tort, strict liability, or otherwise), even if the Company has been advised of the possibility of such damages.
The Company’s total aggregate liability arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the amounts you have paid to the Company in the twelve (12) months preceding the claim; or (b) one hundred U.S. dollars ($100.00).
8. Indemnification
You agree to indemnify, defend, and hold harmless MiceBalls, LLC, its members, managers, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of a third party.
9. Mandatory Arbitration and Class Action Waiver
Please read this section carefully. It affects your legal rights.
Agreement to Arbitrate. You and MiceBalls, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (“Dispute”) shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights.
Arbitration Rules. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules or, if applicable, its Consumer Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The seat of arbitration shall be St. Clair County, Illinois. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You and the Company agree that each 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, consolidated, or representative action. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to the Company within thirty (30) days of your first use of the Services. The notice must include your name, mailing address, and a clear statement that you wish to opt out of the arbitration clause.
10. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law provisions. To the extent that litigation is permissible under these Terms, the exclusive venue shall be the state or federal courts located in St. Clair County, Illinois, and you consent to the personal jurisdiction of such courts.
11. Termination
The Company may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your license to use the Services immediately ceases. Sections 4, 5, 7, 8, 9, 10, and this Section 11 shall survive termination.
12. Modifications to Terms
The Company reserves the right to modify these Terms at any time. Material changes will be communicated by posting the updated Terms on the Company’s website or within the applicable Service with a revised “Effective Date.” Your continued use of the Services after such changes constitutes acceptance of the updated Terms.
13. Miscellaneous
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Entire Agreement. These Terms, together with the Privacy Policy and any applicable EULA, constitute the entire agreement between you and the Company regarding the Services. Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Assignment. You may not assign or transfer these Terms without the Company’s prior written consent. The Company may assign these Terms without restriction. Force Majeure. The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, riots, government action, or failure of third-party infrastructure.