Terms of Service for Duckie

Welcome to Duckie! These Terms of Service ("Terms") govern your access to and use of the Duckie mobile application (the "App") provided by Maximus Labs, Inc. ("Maximus Labs," "we," "us," or "our"). Please read these Terms carefully before using our App.

By downloading, accessing, creating an account, or using the App, you agree to be bound by these Terms and our Privacy Policy (which is incorporated herein by reference). If you do not agree to these Terms, you may not access or use the App.

1. Description of the App

The Duckie App helps users evaluate the potential safety of baby products by allowing you to scan product barcodes and review ingredient information and safety scores. The App provides information based on our proprietary scoring methodology.

2. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to create an account and use the App. By using the App, you represent and warrant that you meet these eligibility requirements. The App is intended for use by parents and adult caregivers.

3. User Accounts

• Account Creation: To access certain features, such as saving "Favorites" or viewing "Scan History," you may need to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• Account Responsibility: You are responsible for safeguarding your account password and for any activities or actions under your account, whether or not you have authorized such activities or actions. You agree to notify us immediately of any unauthorized use of your account.
• Account Termination by Us: We reserve the right to suspend or terminate your account and access to the App at our sole discretion, without notice or liability, for any reason, including but not limited to your breach of these Terms.
• Account Cancellation by You: You may cancel your account at any time by contacting us or through the account settings within the App, if available.

4. License to Use the App

Subject to your compliance with these Terms, Maximus Labs grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App for your personal, non-commercial use on a mobile device that you own or control.

5. Restrictions on Use

You agree not to, and will not permit others to:

• License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the App or make the App available to any third party.
• Copy, modify, decompile, reverse engineer, disassemble, attempt to derive the source code of, or create derivative works of the App or any part thereof.
• Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Maximus Labs or its affiliates, partners, suppliers, or the licensors of the App.
• Use the App for any illegal purpose, or in violation of any local, state, national, or international law.
• Use the App to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party.
• Introduce viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the App, the server on which the App is stored, or any server, computer, or database connected to the App.

6. Subscriptions and Premium Features

• Premium Features: Duckie may offer certain enhanced features and content through a paid subscription ("Premium Features").
• Billing: If you choose to subscribe to Premium Features, your subscription will be processed through the Apple App Store or Google Play Store (the "App Store Provider") from which you downloaded the App. Billing, payment, and subscription management are handled by the App Store Provider according to their terms and conditions.
• Auto-Renewal: Subscriptions may automatically renew unless auto-renew is turned off at least 24 hours before the end of the current subscription period. You can manage your subscriptions and turn off auto-renewal through your App Store Provider account settings.
• Price Changes: We reserve the right to change our subscription fees. Any price changes will be communicated to you in advance, typically through the App Store Provider, and will take effect at the start of the next subscription period following the date of the price change.
• Free Trials: We may offer free trials for Premium Features. The terms of any free trial will be specified at the time of the offer. If you do not cancel before the end of the free trial period, you may be automatically charged the applicable subscription fee.

7. Intellectual Property Rights

The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Maximus Labs, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. The Duckie name and logo are trademarks of Maximus Labs, Inc.

8. Third-Party Services and Links

The App may integrate with or contain links to third-party websites, applications, or services that are not owned or controlled by Maximus Labs (e.g., Supabase, RevenueCat, Superwall, App Store Providers). We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the App, you do so at your own risk, and you understand that these Terms and our Privacy Policy do not apply to your use of such sites.

9. Disclaimers

THE APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP ARE PROVIDED BY MAXIMUS LABS ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, MAXIMUS LABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MAXIMUS LABS DOES NOT WARRANT THAT: (A) THE APP WILL FUNCTION UNINTERRUPTED, SECURELY, OR BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP, INCLUDING ANY PRODUCT INFORMATION, INGREDIENT ANALYSIS, OR SAFETY SCORES, WILL BE ACCURATE, RELIABLE, COMPLETE, OR MEET YOUR REQUIREMENTS OR EXPECTATIONS.

THE INFORMATION PROVIDED BY THE APP, INCLUDING SAFETY SCORES AND INGREDIENT ASSESSMENTS, IS FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL, ALLERGENIC, OR SAFETY ADVICE. PRODUCT FORMULATIONS CAN CHANGE. ALWAYS READ PRODUCT LABELS AND CONSULT WITH QUALIFIED PROFESSIONALS IF YOU HAVE CONCERNS. RELIANCE ON ANY INFORMATION PROVIDED BY THE APP IS SOLELY AT YOUR OWN RISK.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAXIMUS LABS, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP OR ANY CONTENT OR SERVICES THEREIN, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAXIMUS LABS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL MAXIMUS LABS'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE APP OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO MAXIMUS LABS FOR USE OF THE APP DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (II) ONE HUNDRED U.S. DOLLARS (USD $100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless Maximus Labs, Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the App; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your use of the App caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the App.

12. Governing Law and Dispute Resolution

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

You agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the App (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii.TBD - insert any other exceptions to arbitration, e.g., for injunctive relief).

[CONSULT LEGAL COUNSEL for specific arbitration clause language, including rules (e.g., AAA), location of arbitration, arbitrator selection, and whether to include a class action waiver. The following is placeholder language:]

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

You agree that, by entering into these Terms, you and Maximus Labs are each waiving the right to a trial by jury or to participate in a class action. Any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

13. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be provided within the App or by other means. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.

14. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Maximus Labs, Inc. regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

16. Waiver

No waiver by Maximus Labs of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Maximus Labs to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Contact Information

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

Maximus Labs, Inc.
Email: hi@duckieapp.com