Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fablware, LLC ("Company," "we," "us," or "our") governing your use of the Dancify application, including all features, content, and services offered through the App (collectively, the "Services").

1. Acceptance of Terms

By creating an account, downloading, installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms, regardless of whether you are a registered user of our App. If you do not agree to these Terms, you must not access or use the App.

2. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes to these Terms, we will provide notice through the App, via email, or by other means to provide you the opportunity to review the changes before they become effective. Your continued use of the App after the changes become effective constitutes your acceptance of the changed Terms. If you do not agree to the changes, you must stop using the App and delete your account.

3. Eligibility

You must be at least 13 years of age to use the App. If you are under 18, you represent that you have your parent or guardian's permission to use the App and that they have read and agree to these Terms on your behalf. If you are a parent or legal guardian of a user under 18, you agree to be fully responsible for the acts or omissions of such user in connection with the App.

4. Account Registration

4.1 Account Creation

To use certain features of the App, you must register for 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.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this Section.

4.3 Account Termination

We reserve the right to suspend or terminate your account and access to the Services at any time for any reason without notice, including for security incidents or suspected unauthorized access. You may terminate your account at any time by following the instructions in the App or by contacting us.

4.4 Security Incidents

We reserve the right to temporarily suspend or restrict access to the App or specific account functions in response to actual or suspected security incidents, data breaches, or threats to protect user data, system integrity, and other users. We will make reasonable efforts to restore access promptly once security concerns are resolved.

5. Privacy

Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you.

6. User Conduct

6.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Use the Services for any illegal purpose or in violation of any local, state, national, or international law.
• Violate or encourage others to violate the rights of third parties, including intellectual property rights.
• Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Harvest, collect, or gather user data without permission.
• Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Services.
• Attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
• Develop or use any applications that interact with the Services without our prior written consent.
• Use the Services for any commercial purpose without our consent.
• Use automated means or interfaces not provided by us to access the Services or extract data.
• Attempt to gain unauthorized access to our systems, networks, or data.
• Introduce viruses, malware, or other malicious code.
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm us or users of the Services or expose them to liability.

6.2 Content Guidelines

You are solely responsible for all content that you post, upload, or otherwise transmit via the App. We reserve the right, but are not obligated, to remove any content at any time for any reason or no reason, including content that we believe violates these Terms or our policies.

7. Intellectual Property Rights

7.1 Company Intellectual Property

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 the Company, 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.

7.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the App for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our App, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the App for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

7.3 User Content

By posting, uploading, or otherwise transmitting content to or through the App, you grant us a non-exclusive, perpetual, irrevocable, transferable, sublicensable, royalty-free, worldwide license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, and distribute such content for the purposes of operating, providing, and improving the App and our offerings.

8. DMCA / Copyright Policy

We respect the intellectual property rights of others. If you believe that any content on the App infringes your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. If it is determined that user content violates copyright law, we will remove the content and may terminate the accounts of repeat infringers.

9. Third-Party Links and Content

The App may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. 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 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.

10. Payments and Subscriptions

10.1 Billing

If you choose to purchase any paid features or subscriptions offered through the App:

• You agree to pay all fees and applicable taxes in connection with your use of the App.
• We may change the price for the paid features or subscriptions from time to time, and will communicate any price changes to you in advance.
• If you do not accept the price change, you may cancel your subscription before the change takes effect.

10.2 Subscription Terms

• Subscriptions automatically renew for the same subscription period unless you cancel before the renewal date.
• You may cancel your subscription at any time through your account settings or by contacting us.
• Cancellation will be effective at the end of your current billing period.

10.3 Refunds

• All purchases are final and non-refundable unless otherwise required by applicable law.
• No refunds will be issued for partial subscription periods or for periods in which you did not use the paid features.

11. Disclaimers

11.1 "As Is" Basis

11.2 Functionality

11.3 Data Security

12. Limitation of Liability

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Contributions, any use of the App's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.

14. Dispute Resolution

14.1 Governing Law

These Terms and your use of the App shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any choice or conflict of law provision or rule.

14.2 Arbitration

14.3 Class Action Waiver

14.4 Small Claims Court

Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

14.5 Injunctive Relief

Notwithstanding the foregoing, the Company shall have the right to seek injunctive or other equitable relief whenever the facts or circumstances would permit a party to seek such equitable relief in a court of competent jurisdiction.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and us concerning your use of the App.

15.2 Severability

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

15.3 Waiver

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

15.4 Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

15.5 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials, cyber attacks, or widespread internet or technology failures.

15.6 Survival

Any provision of these Terms that contemplates performance or observance subsequent to termination or expiration of these Terms shall survive termination or expiration and continue in full force and effect.