Terms of Service

Welcome to MahjCheck™. 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 MahjCheck™ mobile application, the MahjCheck™ website located at celebrate-everything/mahjcheck and/or any and all related services, features, content or functionality thereto (collectively, "MahjCheck™" or "the app")

By downloading, installing, accessing or using MahjCheck™, 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. By using the app, you represent and warrant that you meet the foregoing eligibility requirements and you have the legal capacity to agree to these Terms, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein. If you do not meet these requirements, you must not use the app and you must immediately cease all use of the app. If you don't agree to these Terms, you must not use the app and you must immediately cease all use of the app.

1. What is MahjCheck™?

MahjCheck™ is a tool that uses your device's camera and an AI service to help identify American mahjong tiles and suggest hands from the 2025 and 2026 mahjong cards that your American mahjong tiles may be building toward. MahjCheck™ is intended as a practice and reference aid for mahjong players. MahjCheck™ is not affiliated with, endorsed by, or sponsored by the National Mah Jongg League or any other mahjong organization.

2. Who can use MahjCheck™

You must be at least 13 years old to use MahjCheck™. If you are between the ages of 13 years old and 18 years old (or the applicable legal age of minority 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, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein 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, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein. If you do not meet these requirements, you must not use the app and you must immediately cease all use of the app. If you don't agree to these Terms, you must not use the app and you must immediately cease all use of the app. We reserve the right to request proof of age and to terminate accounts of any User who misrepresents their age.

3. User Account

3.1 User Subscriptions. User subscriptions for MahjCheck™ are offered on a monthly basis or on an annual basis as displayed within the app as noted in the title and the length of the subscription in the app (each, a "User Subscription"), with pricing for the User Subscription as displayed within the app at the time of purchase. We reserve the right to modify subscription pricing at any time at our sole discretion; provided, however, that any price changes will not affect your current billing period. If we change the pricing for your User Subscription, we will provide you with reasonable advance notice of such change and you must affirmatively accept any price increase to continue your User Subscription. Users may only choose between one subscription type (either, a Monthly Subscription and a Yearly Subscription). Users cannot have more than one subscription type (for example, a Monthly Subscription and a Yearly Subscription) at the same time on the same device.

3.1.1 Paid Monthly Subscription with Automatic Renewal. User Subscriptions offered on a monthly basis as noted in the title and the length of the subscription in the app (a "Monthly Subscription"), will be priced at $.99USD per month or have pricing as displayed within the app at the time of purchase. We reserve the right to modify subscription pricing at any time at our sole discretion; provided, however, that any price changes will not affect your current billing period. If we change the pricing for your User Subscription, we will provide you with reasonable advance notice of such change and you must affirmatively accept any price increase to continue your User Subscription.

3.1.2 Paid Yearly Subscription with Automatic Renewal. User Subscriptions offered on a yearly basis as noted in the title and the length of the subscription in the app (a "Yearly Subscription"), will be priced at $4.99USD per year or have pricing as displayed within the app at the time of purchase. We reserve the right to modify subscription pricing at any time at our sole discretion; provided, however, that any price changes will not affect your current billing period. If we change the pricing for your User Subscription, we will provide you with reasonable advance notice of such change and you must affirmatively accept any price increase to continue your User Subscription.

3.2 Billing and Renewal. All User Subscriptions are purchased exclusively through Apple App Store (for iOS) or Google Play Store (for Android) (each, a "Payment Platform"). We are not the payment processor or merchant of record for any subscription transaction; Apple Inc. or Google LLC (as applicable) serves as the merchant of record. All billing and payment processing is handled entirely by the applicable Payment Platform, subject to the terms and conditions of such Payment Platform (for example, Apple App Store payments will be charged to the Apple ID account at confirmation of purchase)

All User Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan selected). Your User Subscription may be managed and auto-renewal may be turned off by going to the User’s Account Settings after the purchase of a User Subscription. Unless you have managed or otherwise turned off auto-renewal by going to the User’s Account Settings after the purchase of a User Subscription, your User Subscription will automatically renew at the end of each billing period and the User’s account will be charged for renewal within twenty-four (24) hours prior to the end of the current User Subscription period at the cost of the chosen User Subscription UNLESS you cancel auto-renewal of the User Subscription at least twenty-four (24) hours prior to the end of the current billing period of that User Subscription. Apple or Google (as applicable) manages all subscription renewal and billing cycles.

3.3 Cancellation. You may cancel your User Subscription at any time. Because User Subscriptions are managed by Apple or Google (as applicable), cancellation must be performed through the subscription management settings on your device: via the Apple App Store (Settings > Apple ID > Subscriptions) for iOS users, or via the Google Play Store (Google Play > Payments & subscriptions > Subscriptions) for Android users. No refunds will be issued for unused time. Cancellation cannot be processed by us directly. Cancellation will take effect at the end of the current billing period of the User Subscription, and you will retain access to User Subscription until that date the User Subscription is set to expire. Uninstalling the app does not cancel your User Subscription.

3.4 Refunds. Refunds are subject to Apple's and Google's applicable refund policies. Because Apple and Google serve as the merchant of record for all subscription transactions, all refund requests must be directed to the applicable Payment Platform in accordance with its refund policies. We do not process payments or refunds directly and is not responsible for the refund policies of any Payment Platform. For Apple, you may request a refund at reportaproblem.apple.com. For Google, you may request a refund through the Google Play Store.

3.5 Platform Fees. You acknowledge that the applicable Payment Platform (Apple, Google, or otherwise) may charge platform fees, commissions, or transaction fees in connection with your User Subscription. Such fees are the sole responsibility of the applicable parties under their respective agreements and are not within our control.

3.6 User Subscription Price Changes. We reserve the right to change User Subscription pricing at any time at our sole discretion; provided, however, that any price changes will not affect your current billing period. If we change the pricing for your User Subscription, we will provide you with reasonable advance notice of such change and you must affirmatively accept any price increase to continue your User Subscription.

3.7 Free Trial. We may from time to time, at our sole discretion, offer a free trial period for a User Subscription on the terms as displayed within the app at the time of download and/or purchase. Free trial eligibility is solely determined by us on the terms as stated within the app at the time of download and/or purchase and the applicable Payment Platform. Free trial eligibility may be limited to one per User or device as stated within the app at the time of download and/or purchase.

4. License to use the app

We grant you a limited, non-exclusive, non-transferable, revocable license to download and use MahjCheck™ on devices you own or control, solely for your personal, non-commercial use, and subject to these Terms, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein on your behalf, and the Apple App Store's terms of service and/or the Google Play terms of service, as applicable.

You may not:

● Copy, modify, distribute, loan, sell, resell, license, sublicense, rent, lease, provide time sharing, or otherwise transfer access to or any part of MahjCheck™

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

● Systematically retrieve data or other content from the app to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us

● Engage in unauthorized framing of or linking to 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 and enjoyment of the app

● Generate or distribute content intended to misinform, misrepresent or mislead, including through misrepresentation of content generated by the AI by claiming such content was created by a human, or represent generated content as original works

● Engage in "High-risk" activities, as defined under applicable AI legislation (including, but not limited to the Colorado AI Act)

● Manipulate the app in any way, shape or form

● Creating deep-links to the app including but not limited to by bypassing the app’s pages, mirroring or similar navigational technology or directly link to any portion of the app

● Probe, scan, test the vulnerability of or breach the authentication measures of the app or any related web pages, apps, networks or systems

● misuse APIs

● Input or upload to the app any information that contains viruses, Trojan horses, worms,time bombs or other computer programming routines that are intended to damage,interfere with, intercept or expropriate any system, the app or information or that infringes the intellectual property rights of another.

●Use or access the app in any way that, in our sole judgment, adversely affects the performance or function of the app or interferes with the ability of authorized parties to access the app

● Circumvent, disable, or otherwise interfere with security-related features of the app

● Disparage, tarnish, or otherwise harm, in our opinion, us, and/or the app

● Make improper use of our support services or submit false reports of abuse or misconduct

● Delete the copyright or other proprietary rights notice from any content

● Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms")

● Use MahjCheck™ to build a competing product or service

● Use MahjCheck™ for the purpose of recruiting, including but not limited to recruiting for another website and/or app and/or service that offers competing functionality to the app

● Use automated means (bots, scripts, scrapers) to access or interact with the app and/or copy and/or redistribute any content, information and/or software on the app

● Use MahjCheck™ in any way that violates applicable law or these Terms, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein on your behalf

● Use MahjCheck™ if your use of the app violates any applicable law, rule or regulation

You are responsible for violations of these Terms, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein by anyone using the app with your permission or using your account on an unauthorized basis. Your use of the app to assist another person in an activity that would violate these Terms, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein if performed by you is a violation of these Terms, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein. These Terms apply to anyone accessing or using the app; however, each provision in these Terms, our Privacy Policy, and any additional terms, policies and/or guidelines referenced herein shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the app, even if such person did not themselves violate the provision

5. Hand identification is not guaranteed to be accurate

MahjCheck™ uses artificial intelligence to identify American mahjong tiles and suggest possible hands. AI-based identification can be wrong. Lighting, camera angle, tile condition, and other factors can affect accuracy.

You acknowledge and agree that the AI-based identification generates responses automatically which may not be subject to human review and may generate responses that are inaccurate and/or incomplete.

You acknowledge and agree that you will not rely on MahjCheck™ as the sole authority on your hand, particularly during live or competitive play. Always verify any and all information provided, including but not limited to verifying your hand against your official mahjong card. We are not responsible for AI-based identification responses, gameplay outcomes, disputes, decisions, loss or damages made based on MahjCheck™ output.

6. Your content and camera us

When you use the scan feature, MahjCheck™ accesses your device's camera to capture photos of your tiles. As described in our Privacy Policy, these photos are sent to our AI provider for identification and are not retained by us.

By using the scan feature, you represent, acknowledge and agree that you have the right to photograph the tiles and surroundings in the image.

7. Intellectual property

MahjCheck™, including but not limited to its proprietary information, intellectual property, name, logo, design, code, copy, and all associated branding ("Celebrate Every Win!" and related marks), are owned by Celebrate Everything Apparel & Design, LLC and are protected by copyright, trademark, and other intellectual property laws.

The MahjCheck™ name and logo are trademarks of Celebrate Everything Apparel & Design, LLC. You may not use any of our intellectual property without our written permission

No part of the app and/or the content therein may be copied, reproduced, recreated, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, modified, sold, licensed, sublicensed, loaned or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the app or any digital rights management mechanism, device, or other content protection or access control measure associated with the app. Doing the foregoing and/or use of the materials for any other purpose is a violation of copyright, trademark, and other intellectual property laws and the use of any such material on any other web site or app or networked computer environment is strictly prohibited.

Official mahjong card content, hand names, and related terminology referenced in the app are the property of their respective owners.

8. Third-party services

MahjCheck™ relies on third-party services, including but not limited to Anthropic's Claude API for American mahjong tile identification, RevenueCat for subscription management, the Apple App Store for distribution, and Google Play for distribution. Your use of these services is governed by the third-party services’ own terms, which you should review:

● Anthropic: privacy.claude.com/en/articles/9190861-terms-of-service-updates

● Apple: apple.com/legal

● Google: transparency.google/intl/en_us/our-policies/product-terms/google-play

● RevenueCat: revenuecat.com/terms

AI Tools may contain derivatives of, or incorporate or be integrated with, third-party tools including but not limited to AI models whose distribution is subject to restrictions. You agree to comply with any and all policies concerning third-party tools. We are not responsible or liable for the practices, availability, or content of third-party services. We do not control and we are not responsible for any video or advertisement you see on a Free Account. The third-party service providers have their own terms, policies, privacy policies and practices about data, which may include (but is not necessarily limited to) what information they share with us, your rights and choices on their third-party services and devices, and where they store information. We encourage you to familiarize yourself with all third-party service providers’ terms, policies, privacy policies, practices about data and all applicable contractual terms.

9. No warranties

MahjCheck™ is provided "as is" and "as available," without warranties of any kind, express or implied. We don't promise the app will be error-free, uninterrupted, or that identification results will be accurate or complete. You agree that your use of the app and any information contained therein will be at your sole risk. No information, whether oral or written, obtained by you from us, the app or through AI shall create any guarantee or warranty of any kind.

You acknowledge and agree that the AI has not been fully tested and may use experimental technology. As such, any content provided by the AI may not meet your desired use. Output from the AI may not account for events or changes to underlying facts occurring after the development of the AI. It is your responsibility to use discretion before relying on or otherwise using the AI or the content produced by the AI. You should not rely on factual assertions in output from the AI without independently fact checking their accuracy.

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, mistakes or inaccuracies of data or information posted, displayed, published or made available for download or use pertaining to the app; (ii) personal injury or property damage, of any nature whatsoever, resulting from use of the app; (iii) any interruption or cessation of transmission to or from the app; including but not limited to those occurring because of maintenance or during maintenance windows; or (iv) the defamatory, offensive or illegal conduct of any third party not under our control. The information provided on the app is made available solely for general information purposes and is neither designed nor intended to provide professional advice.

10. Limitation of liability

To the fullest extent permitted by law, Celebrate Everything, LLC, 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 MahjCheck™ — including but not limited to lost winnings, gameplay disputes, loss of data, or any reliance on the app's output.

Our total liability to you for any claim arising out of or related to MahjCheck™ or these Terms will not exceed the amount you paid us for the app in the twelve months preceding the claim, or $50, whichever is greater.

Some jurisdictions don't 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 Apparel & Design, LLC and its owners, directors, officers, employees, contractors, partners, investors, affiliates, successors and assigns from any and all claims, damages, losses, or expenses (including but not limited to reasonable attorneys' fees), whether known or unknown, whether at law or in equity, whether suspected or unsuspected, whether disclosed and undisclosed, arising out of your use of MahjCheck™, your violation of these Terms, the app, the Privacy Policy, the Contracts and any other agreements, policies or guidelines expressly incorporated by reference 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 MahjCheck™, or any part of it, at any time without notice. We also reserve the right, at our sole discretion, to change, modify, update, add or remove all or portions of these Terms from time to time. When we do, we'll update the "Last updated" date at the top of these Terms. Significant changes will be communicated within the app or on our website. You must periodically review the app for the latest information about our Terms. Unless otherwise indicated, any new material added to the app will also be subject to these Terms.

Your continued use of MahjCheck™ after changes to these Terms means you accept and agree to the updated Terms.

13. Termination

We may suspend or terminate your access to MahjCheck™ at any time if we believe, in our sole discretion, that you've violated these Terms or for any other reason. Upon such suspension or termination, you must immediately discontinue use of the app. Accessing the app after such termination, suspension or discontinuation shall constitute an act of trespass. Further, you agree that we shall not be liable to you or any third party for any termination or suspension of your access to the app. You may stop using MahjCheck™ at any time by deleting it from your device.

14. Governing law and disputes

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 us agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the app, the Privacy Policy, the Contracts and any other agreements, policies or guidelines expressly incorporated by reference (a "Dispute") informally. The party asserting the Dispute shall send written notice to the other party describing the facts and circumstances of the Dispute and shall include any supporting documentation. For Dispute notices to us, please send to support@celebrate-everything.com. For notices to you, we will use the email address associated with your account. The receiving party shall have 30 days from receipt of such notice to respond to or attempt to resolve the Dispute. Neither party may initiate arbitration or court proceedings (if court proceedings are applicable) until this 30-day period has expired.

15.2 Final and Binding Arbitration. If a Dispute cannot be resolved through the informal resolution process described above in Section 15.1, the Dispute shall be exclusively and finally resolved by final and binding individual arbitrationThe arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the American Arbitration Association (AAA) website. The arbitration fees and each party’s share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person at a location in Contra Costa County, California, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested in writing by either you or us. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided herein, you or we may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the final and binding award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state or federal courts located in Contra Costa County, California, and both you and we hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms.

In no event shall any Dispute brought by either you or us to be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither you or us will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the state and federal courts located in Contra Costa County, California or the courts closest in distance thereto, and both you and us hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

You and we both 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; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

You and we both agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of you or us; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither you nor us will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the state and federal courts located in Contra Costa County, California and both you and us agree to submit to the personal jurisdiction of that court.

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16. Apple-specific terms

If you downloaded MahjCheck™ 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 MahjCheck™ or its content.

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

● In the event MahjCheck™ 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 MahjCheck™.

● Apple is not responsible for addressing any claims by you or a third party relating to

MahjCheck™, including but not limited to 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.

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17. Google-specific terms

If you downloaded MahjCheck™ from the Google Play Store, the following additional terms apply, as required by Google:

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

● Google has no obligation to provide maintenance or support for MahjCheck™.

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

● Google is not responsible for addressing any claims by you or a third party relating to

MahjCheck™, including but not limited to product liability, consumer protection, or intellectual property claims.

● Google and its subsidiaries are third-party beneficiaries of these Terms and may enforce

them against you.

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18. Electronic communications

When you visit the app and/or send electronic communications to us (including, but not limited to email), you are communicating with us electronically; and you consent to receive communications from us electronically. We may communicate with you by email or by posting notices on the app or by other form of electronic message. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication. You have a right to withdraw your consent to receive electronic communications at any time, and you acknowledge that such withdrawal of consent may prohibit you from accessing and using core functionalities of the app. If you want to withdraw your consent to receive electronic communications, please contact us at: support@celebrate-everything.com.

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19. Compliance with laws

You represent that, in agreeing to, and performing under these Terms that you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the app ("Applicable Laws"). Without limiting the foregoing, you represent that, in connection with your performance under these Terms, you shall: (i) comply with Applicable Laws relating to anti-bribery and anti-corruption, including, but not limited to the US Foreign Corrupt Practices Act of 1977; (ii) comply with Applicable Laws administered by the U.S. Commerce Bureau of Industry and Security, U.S. Treasury Office of Foreign Assets Control or other governmental entity imposing export controls and trade sanctions (collectively, "Export Laws"); and (iii) not directly or indirectly export, re-export or otherwise deliver any of our software, content or services in violation of any Export Laws, or broker, finance or otherwise facilitate any transaction in violation of any Export Laws. You represent that you are not prohibited from receiving software, Content, or other services pursuant to these Terms under Applicable Laws, including, but not limited to the Export Laws.

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20. Cookies policy

We and our partners may use cookies or similar technologies to optimize the functionality of the app to help us understand how the app is used. For more information about the cookies and similar technologies used on the app, please refer to our Cookie Policy located in our Privacy Policy.

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21. Privacy policy; other contracts

Our Privacy Policy applies to your access and/or use of app and its terms are made a part of and incorporated into these Terms by this reference. The Privacy Policy may be changed from time to time, at our sole discretion, and such changes are effective immediately upon their posting. By accessing and/or using the app, you acknowledge that you have read and agree to our Privacy Policy.

If these Terms and/or our Privacy Policy conflicts with any language in any other contract we enter into with you (the "Contracts"), then the language contained in those Contracts shall govern. Additional terms and conditions may apply to specific portions or features of the app. You acknowledge and agree to abide by all such other terms and conditions. If there is a conflict between these Terms and/or our Privacy Policy and the terms posted for or applicable to any service offered on or through the app, the latter terms shall control with respect to your use of that portion of that specific service. Our obligations, if any, with regard to app are governed solely by the Contracts pursuant to which they are provided, and nothing in the app should be construed to alter such Contracts.

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22. Data processed in the USA

The primary backend database/auth/storage is for the contents and the app is hosted in the United States of America. We process data in the United States of America and other countries where our third-party service providers operate. If you use the app from other locations, you are doing so on your own initiative and are responsible for compliance with applicable local laws regarding your online conduct and acceptable content, if and to the extent local laws apply.

We reserve the right to limit the availability of the app and/or the provision of any content, programs, service, or other feature described or available on the app to any person, entity, geographic area, or jurisdiction, at any time and in our sole discretion.

If you are in a jurisdiction outside the United States of America and nevertheless continue to use the app, your information may be transferred into and processed within the United States of America, and your continued use of the app constitutes your consent to such transfer and processing. Please review our Privacy Policy for additional information on how we process and protect your data.

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23. Copyright infringement and DMCA takedown notices

We respect the intellectual property rights of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), We will respond to notices of alleged copyright infringement that comply with the DMCA and applicable law.

23.1 Reporting Instances of Copyright Infringement. If you believe that any content on the app infringes your copyright, you may submit a DMCA Takedown Notice to us at support@celebrate-everything.com containing the following information:

A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf;

Identification of the copyrighted work claimed to have been infringed;

Identification of the material that is claimed to be infringing and that is to be removed, and

information reasonably sufficient to permit us to locate the material;

Your contact information, including your address, telephone number, and email address;

A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

You acknowledge that in order for us to act on your notice, your DMCA Takedown Notice must comply with all of the requirements of this Section.

Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing content. Additionally, under Section 512(f) of the DMCA and similar regulations in other jurisdictions, anyone who knowingly misrepresents that material or activity is infringing may be liable for damages and attorneys' fees incurred by the alleged infringer or by us.

23.2 Our Response to a DMCA Takedown Notice. Following receipt of a proper written notification, we will promptly remove or disable access to the allegedly infringing content. We will also: (i) notify the user who posted the allegedly infringing material that we have removed the material or disabled access to it; and (ii) provide the user with a copy of the copyright infringement notification. We reserve the right to suspend or terminate the accounts of repeat infringers, at our sole discretion, in appropriate circumstances.

23.3 Submitting a DMCA Counter-Notification. If you believe your content was removed or disabled by mistake or misidentification, you may send us a DMCA counter-notification to us at support@celebrate-everything.com containing the following information:

Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared in the Materials before it was removed or access was disabled;

Your contact information including your name, address, telephone number, and email address;

A statement that you consent to the jurisdiction of the State court and U.S. Federal District Court located in Contra Costa County, California, and that you shall accept service of process from the person who provided the notification of infringement or an agent of such person;

A statement that you swear, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.

You acknowledge that in order for us to act on your notice, your DMCA counter-notification must comply with all of the requirements of this Section.

Please note that under Section 512(f) of the DMCA and similar regulations in other jurisdictions, any person who knowingly misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Upon receipt of a valid DMCA counter-notification, we shall forward it to the person who submitted the infringement notification. The person who submitted the infringement notification or the copyright holder they represent shall then have ten (10) days to notify us that they have filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the material to the app.

23.4 Repeat Infringer Policy. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating access to materials for any users who, in our sole discretion, are deemed to be repeat infringers. We may also and at our sole discretion limit and/or terminate access to the materials of any users who infringe any intellectual property rights of others, whether or not they are repeat infringers.

24. Survival

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

25. Miscellaneous

25.1 Entire Agreement. These Terms, together with the Privacy Policy, the Contracts and any other agreements, policies, or guidelines expressly incorporated by reference, constitutes the sole and entire agreement between you and us with respect to the subject matter hereof and supersede all prior and contemporaneous communications, understandings, agreements, representations, and/or warranties, whether written and oral, with respect to such subject matter.

25.2 Severability. If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

25.3 Waiver. No failure or delay by us in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof. No single or partial exercise of any right or remedy shall preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver must be in writing and signed by us to be effective.

25.4 Assignment. You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without our prior written consent. Any purported assignment in violation of this Section is void. We may freely assign, transfer, or delegate these Terms and its rights and obligations hereunder without restriction. These Terms shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

25.5 Force Majeure. We shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of governmental authorities, fire, floods, epidemics, pandemics, strikes, power outages, internet service provider failures, or telecommunications failures.

25.6 Service Availability. The app may be temporarily unavailable due to scheduled maintenance, upgrades, or technical issues. We will use commercially reasonable efforts to provide advance notice of scheduled maintenance but shall have no liability for any unavailability or downtime, whether planned or unplanned.

25.7 No Third-Party Beneficiaries. Except as expressly provided in Sections 16 and 17, these Terms do not confer any rights, remedies, or benefits upon any person or entity other than the parties hereto and their permitted successors and assigns.

25.8 Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms. You agree that these Terms shall be construed as if drafted jointly by the parties hereto and in the event an ambiguity or question of intent or interpretation arises, no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms.

26. Contact us

Questions about these Terms? Reach out:

Lori Lowell - CEO

Celebrate Everything, LLC

Email: support@celebrate-everything.com