Terms of Service

Welcome to MahjMatch™. These Terms of Service (“Terms”) are a legal agreement between you (“you,” “your,” or “User”) and Celebrate Everything, LLC (“we,” “us,” or “our”) governing your use of the MahjMatch™ mobile application, the MahjMatch™ website located at celebrate-everything.com/mahjmatch, and any and all related services, features, content or functionality thereto (collectively, “MahjMatch™” or “the app”).

By downloading, installing, accessing or using MahjMatch™, you acknowledge that you have read, understood and agree to be bound by these Terms, our Privacy Policy (the “Privacy Policy”), and any additional terms, policies and/or guidelines referenced herein, all of which are incorporated by reference into these Terms. If you do not agree to these Terms, you must not use the app and you must immediately cease all use of the app.

1. What is MahjMatch™?

MahjMatch™ is a personal inventory app that lets you catalog mahjong table accessories you own, such as mats, tiles, racks, dice dishes, lamps, and tablecloths, add photos and details for each item, and see suggested combinations of your items based on color and style. MahjMatch™ is intended as a personal organization and reference tool. Combination suggestions are generated on your device and are offered for convenience and inspiration only. They reflect general color and style rules, not professional design advice, and are not guaranteed to match your taste. MahjMatch™ is not affiliated with, endorsed by, or sponsored by the National Mah Jongg League or any other mahjong organization, nor by any maker of mahjong accessories.

2. The app is free

MahjMatch™ is free to download and use. It contains no advertising, and it does not offer in-app purchases or subscriptions. The app does not require an account or a login. We reserve the right to introduce optional paid features in the future; if we ever do, any charges will be clearly disclosed and optional, and these Terms will be updated accordingly.

3. Who can use MahjMatch™

You must be at least 13 years old to use MahjMatch™. If you are between the ages of 13 and 18 (or the applicable legal age of majority in your jurisdiction), you may only use the app with the consent of a parent or legal guardian who agrees to be bound by these Terms and our Privacy Policy on your behalf. By using the app, you represent that you meet this age requirement and that you have the legal capacity to agree to these Terms and our Privacy Policy. If you do not meet these requirements, you must not use the app and you must immediately cease all use of the app.

4. License to use the app

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use MahjMatch™ on devices you own or control, solely for your personal, non-commercial use, and subject to these Terms, our Privacy Policy, and the Apple App Store’s terms of service, as applicable.

You may not:

●        Copy, modify, distribute, loan, sell, resell, license, sublicense, rent, lease, or otherwise transfer access to or any part of MahjMatch™;

●        Reverse engineer, translate, adapt, decompile, disassemble, or attempt to extract the source code of the app;

●        Use the app in any manner that could damage, disable, overburden, or impair the app or interfere with any other party’s use of the app;

●        Probe, scan, or test the vulnerability of, or breach the security measures of, the app or any related systems;

●        Use automated means (bots, scripts, scrapers) to access or interact with the app;

●        Remove, alter, or bypass any copyright, trademark, or other proprietary notice;

●        Use MahjMatch™ to build a competing product or service; or

●        Use MahjMatch™ in any way that violates any applicable law, rule, or regulation.

You are responsible for any violation of these Terms by anyone using the app with your permission or on your device.

5. Your content and camera use

MahjMatch™ lets you add photos of your items, either by choosing them from your device’s photo library or by capturing them with your device’s camera. As described in our Privacy Policy, these photos and all other information you enter are stored only on your device and are not transmitted to us. By adding a photo, you represent and agree that you have the right to photograph the items and surroundings shown in the image.

6. Suggestions are provided “as is”

MahjMatch™ generates combination suggestions using simple color and style rules that run on your device. These suggestions are provided for convenience and personal preference only. You acknowledge and agree that the suggestions may not match your taste and are not a substitute for your own judgment. We are not responsible for any decisions you make based on the app’s suggestions.

7. Intellectual property

MahjMatch™, including but not limited to its proprietary information, intellectual property, name, logo, design, code, copy, and all associated branding, is owned by Celebrate Everything, LLC and is protected by copyright, trademark, and other intellectual property laws. The MahjMatch™ name and logo are trademarks of Celebrate Everything, LLC. You may not use any of our intellectual property without our written permission.

Any product names, brand names, or pattern names you enter to describe your own items remain the property of their respective owners. MahjMatch™ does not claim any rights in third-party marks, and reference to them within your personal inventory is for your identification purposes only.

8. Third-party services

MahjMatch™ relies on the Apple App Store for distribution. Your download and use of the app through the Apple App Store is governed by Apple’s applicable terms, which you should review at apple.com/legal. Our website is hosted on a third-party website platform. The app itself does not send your information to any third-party service. We are not responsible for the practices, availability, or content of third-party services.

9. No warranties

MahjMatch™ is provided “as is” and “as available,” without warranties of any kind, express or implied. We do not promise that the app will be error-free or uninterrupted, or that its suggestions will suit your preferences. You agree that your use of the app is at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We assume no liability or responsibility for any: (i) errors or inaccuracies in the app; (ii) personal injury or property damage resulting from your use of the app; (iii) any interruption or cessation of the app; or (iv) the conduct of any third party. The app is made available solely for general personal use and is not intended to provide professional advice.

10. Limitation of liability

To the fullest extent permitted by law, Celebrate Everything Apparel & Design, LLC, and its owners, directors, officers, employees, agents, and affiliates, will not be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or related to your use of MahjMatch™, including but not limited to loss of data or any reliance on the app’s output.

Because MahjMatch™ is provided free of charge, our total liability to you for any claim arising out of or related to MahjMatch™ or these Terms will not exceed fifty U.S. dollars ($50). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

11. Indemnification

You agree to defend, indemnify, and hold harmless Celebrate Everything, LLC and its owners, directors, officers, employees, contractors, partners, affiliates, successors, and assigns from any and all claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of your use of MahjMatch™, your violation of these Terms or our Privacy Policy, or your violation of any rights of another person or entity.

12. Changes to the app and these Terms

We reserve the right, at our sole discretion, to update, change, or discontinue MahjMatch™, or any part of it, at any time. We also reserve the right to change these Terms from time to time. When we do, we will update the “Last updated” date at the top of these Terms. Your continued use of MahjMatch™ after changes to these Terms means you accept and agree to the updated Terms.

13. Termination

We may suspend or terminate your access to MahjMatch™ at any time if we believe, in our sole discretion, that you have violated these Terms or for any other reason. Upon such suspension or termination, you must immediately discontinue use of the app. You may stop using MahjMatch™ at any time by deleting it from your device.

14. Governing law

These Terms and your use of the app are governed by the laws of the State of California, without regard to its conflict of law principles.

15. Dispute resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.

15.1 Informal resolution.

As a condition precedent to initiating any arbitration or court proceeding, both you and we agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the app (a “Dispute”) informally. The party asserting the Dispute shall send written notice to the other party describing the facts and circumstances of the Dispute. For notices to us, please send to info@celebrate-everything.com. The receiving party shall have 30 days from receipt of such notice to respond. Neither party may initiate arbitration or court proceedings until this 30-day period has expired.

15.2 Binding arbitration.

If a Dispute cannot be resolved through informal resolution, the Dispute shall be exclusively and finally resolved by final and binding individual arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes. The arbitration may be conducted in person at a location in Contra Costa County, California, through the submission of documents, by phone, or online. If for any reason a Dispute proceeds in court rather than arbitration, it shall be commenced in the state or federal courts located in Contra Costa County, California, and both you and we consent to jurisdiction and venue there.

You and we agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (i) no arbitration shall be joined with any other proceeding; and (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or in a representative capacity. In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

16. Apple-specific terms

If you downloaded MahjMatch™ from the Apple App Store, the following additional terms apply, as required by Apple:

●        These Terms are between you and Celebrate Everything, LLC only, not with Apple. Apple is not responsible for MahjMatch™ or its content.

●        Apple has no obligation to provide maintenance or support for MahjMatch™.

●        In the event MahjMatch™ fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to MahjMatch™.

●        Apple is not responsible for addressing any claims by you or a third party relating to MahjMatch™, including product liability, consumer protection, or intellectual property claims.

●        Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

If MahjMatch™ is later made available on other platforms (such as Google Play), equivalent platform-specific terms will apply to those distributions.

17. Electronic communications

When you send electronic communications to us (including by email), you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. Compliance with laws

You represent that, in using the app, you are not violating and will not violate any governmental laws, rules, regulations, or orders applicable to your use of the app, including applicable export control and trade sanctions laws.

19. Privacy Policy; cookies; other contracts

Our Privacy Policy applies to your access and use of the app and is incorporated into these Terms by this reference. Our use of cookies on our website is described in the Privacy Policy. If these Terms or our Privacy Policy conflict with any language in any other contract we enter into with you (the “Contracts”), then the language in those Contracts shall govern with respect to their subject matter.

20. Survival

Sections that by their nature should survive termination (including but not limited to intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law) will survive.

21. Miscellaneous

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us with respect to the app. If any provision is held to be invalid, illegal, or unenforceable, it shall be modified to accomplish its objective to the greatest extent possible, and the remaining provisions shall continue in full force and effect. Our failure to exercise any right shall not operate as a waiver. You may not assign these Terms without our prior written consent; we may assign them without restriction. We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control. The section headings are for convenience only, and these Terms shall be construed as if drafted jointly by the parties.

22. Contact us

Questions about these Terms? Reach out:

Lori Lowell – CEO

Celebrate Everything, LLC

Email: info@celebrate-everything.com