These Terms and Conditions ("Terms") are a legal agreement between you and Lakefly Productions ("Lakefly," "we," "us," or "our") governing your download, installation, access, and use of our mobile applications, together with related content, updates, and services (each an "App"). Please read them carefully. By downloading, installing, or using an App, you agree to these Terms and to our Privacy Policy. If you do not agree, do not download or use the App.

Some Apps may have additional terms (for example, for a specific feature or subscription). If those terms conflict with these Terms, the additional terms control for that App or feature.

Contents

1. Eligibility
2. License to use the App
3. Restrictions
4. Accounts
5. User content
6. Acceptable use
7. Purchases and subscriptions
8. Intellectual property
9. Third-party services
10. Apple and Google terms
11. Updates and changes
12. Termination
13. Disclaimers
14. Limitation of liability
15. Indemnification
16. Governing law and disputes
17. Copyright complaints
18. General provisions
19. Contact us

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country, if higher) to use an App. If you are under the age of majority where you live, you may use an App only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf. By using an App, you represent that you meet these requirements, that you are not barred from using it under applicable law, and that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist-supporting" country.

2. License to Use the App

Subject to your compliance with these Terms, Lakefly grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on devices that you own or control, solely for your personal, non-commercial use (unless the App is expressly offered for business use) and as permitted by the usage rules of the applicable app store. The App is licensed, not sold. All rights not expressly granted are reserved by Lakefly.

3. Restrictions

Except to the extent such restriction is prohibited by law, you agree not to:

• copy, modify, translate, adapt, or create derivative works of the App;
• reverse engineer, decompile, disassemble, or attempt to derive the source code of the App;
• rent, lease, lend, sell, sublicense, distribute, or otherwise make the App available to any third party;
• remove, alter, or obscure any proprietary notices, labels, or marks;
• circumvent, disable, or interfere with security, access-control, or digital-rights features of the App;
• use the App to build a competing product or service, or to scrape, harvest, or extract data from it by automated means;
• use bots, cheats, exploits, emulators, or unauthorized third-party software to gain an unfair advantage or alter the App's operation; or
• use the App in violation of any applicable law or regulation.

4. Accounts

Some features may require you to create an account. You agree to provide accurate and current information, keep your credentials confidential, and notify us promptly of any unauthorized use. You are responsible for all activity under your account. We may suspend or require changes to usernames or accounts that we reasonably believe are offensive, misleading, impersonate others, or violate these Terms.

5. User Content

"User Content" means any text, images, files, or other material you submit, upload, or store through the App. You retain ownership of your User Content. You grant Lakefly a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, and display your User Content solely as needed to operate, secure, support, and improve the App and to provide the services to you. You represent that you own or have all necessary rights to your User Content and that it does not violate any law or third-party right. We do not endorse User Content and are not obligated to monitor it, but we may remove or disable access to content that we believe violates these Terms or the law. You are responsible for keeping your own backups of important content.

6. Acceptable Use

You agree not to use the App to:

• upload, transmit, or share content that is unlawful, harassing, hateful, defamatory, obscene, sexually exploitative, or that infringes the rights of others;
• exploit, endanger, or sexualize minors in any way;
• impersonate any person or entity, or misrepresent your affiliation;
• transmit malware, viruses, or any code intended to disrupt, damage, or gain unauthorized access to any system or data;
• probe, scan, or test the vulnerability of the App or our systems, or interfere with their integrity or performance, or overburden our infrastructure;
• send spam or unsolicited promotional messages; or
• encourage or assist anyone else to do any of the above.

7. Purchases, Subscriptions, and Advertising

Paid features. Some Apps or features may be offered for a fee, including paid downloads, in-app purchases, and subscriptions. Prices are shown in the app store at the time of purchase and may change. All purchases are processed by the applicable app store (Apple App Store or Google Play) under its payment terms, and we do not receive or store your full payment card details.

Subscriptions. Unless stated otherwise, subscriptions automatically renew for the same period at the then-current price until you cancel. You can cancel at any time through your app store account settings; cancellation must be completed at least 24 hours (or the period required by the store) before the end of the current period to avoid the next charge. Deleting the App does not cancel a subscription. Free trials, if offered, convert to paid subscriptions unless canceled before the trial ends.

Refunds. Except where required by law, all purchases are final. Refund requests are handled by Apple or Google according to their policies, and you should submit them to the relevant store.

Digital items. Virtual items, credits, or currency have no cash value, are licensed (not sold) to you, are non-transferable, and may be modified or discontinued as the App evolves.

Advertising. Some Apps may display advertising from third parties. We are not responsible for the content of third-party ads or for your dealings with advertisers.

8. Intellectual Property

The App and all related software, code, designs, graphics, audio, text, logos, names (including "Lakefly Productions"), and other content, other than your User Content, are owned by Lakefly or its licensors and are protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any ownership rights to you. If you send us feedback, ideas, or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without any obligation to you.

9. Third-Party Services and Open-Source Software

The App may integrate with or link to third-party services, SDKs, or websites. Your use of them is governed by their own terms and policies, and Lakefly is not responsible for them. The App may include open-source components that are licensed under their own terms; those terms apply to those components to the extent they conflict with these Terms. You are also responsible for any mobile carrier data charges you incur while using the App.

10. Apple and Google Terms

You acknowledge that these Terms are between you and Lakefly only, and not with Apple Inc. or Google LLC (each, an "App Store Provider"). The following applies to Apps downloaded from the respective stores:

• Lakefly, not the App Store Provider, is solely responsible for the App and its content, maintenance, support, and warranty obligations, and for addressing any claims relating to the App, including product liability, legal or regulatory compliance, and intellectual property infringement claims.
• Your license is limited to use on devices you own or control as permitted by the store's usage rules.
• If the App fails to conform to any applicable warranty, you may notify the App Store Provider, which may refund the purchase price (if any); to the maximum extent permitted by law, the App Store Provider has no other warranty obligation regarding the App.
• The App Store Provider has no obligation to provide maintenance or support for the App.
• You represent that you are not located in a country subject to a U.S. embargo and are not on any U.S. government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (such as your wireless service agreement) when using the App.
• Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to Apps downloaded from the Apple App Store, and upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.

11. Updates and Changes

We may release updates, patches, or new versions of the App, some of which may be required for continued use, and may modify, suspend, or discontinue any feature or the App as a whole at any time. We will try to give reasonable notice of material changes where practicable. We may also revise these Terms; we will post the revised Terms with a new "Last updated" date and, for material changes, provide additional notice in the App or by email. Continued use of the App after changes take effect means you accept the revised Terms. If you do not agree, stop using the App and delete it.

12. Termination

You may stop using the App at any time by deleting it and, if applicable, deleting your account. We may suspend or terminate your access immediately, with or without notice, if you violate these Terms, if required by law, or if we discontinue the App. Upon termination, your license ends and you must delete the App. Sections that by their nature should survive termination (including Sections 5, 8, 13 through 16, and 18) will survive.

13. Disclaimers

The app is provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Lakefly does not warrant that the app will be uninterrupted, timely, secure, accurate, or error-free, that defects will be corrected, or that the app or its servers are free of viruses or other harmful components. You use the app at your own risk. Any content or information provided through the app is for general informational or entertainment purposes only and is not professional (medical, legal, financial, or safety) advice. Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.

14. Limitation of Liability

To the maximum extent permitted by law, Lakefly and its owners, officers, employees, contractors, licensors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of or inability to use the app, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability for all claims relating to the app will not exceed the greater of (a) the amount you paid to Lakefly for the app in the twelve (12) months before the event giving rise to the claim, or (b) fifty U.S. dollars ($50). These limitations apply regardless of the legal theory, whether in contract, tort (including negligence), strict liability, or otherwise. Nothing in these Terms excludes liability that cannot be excluded under applicable law, including liability for fraud or for death or personal injury caused by negligence where such exclusion is prohibited.

15. Indemnification

You agree to defend, indemnify, and hold harmless Lakefly and its owners, officers, employees, contractors, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content, your use or misuse of the App, your violation of these Terms, or your violation of any law or third-party right.

16. Governing Law and Disputes

Governing law. These Terms are governed by the laws of the State of Indiana, United States, without regard to its conflict-of-law rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before filing any claim, you agree to contact us at the email below and try in good faith to resolve the dispute informally for at least 30 days.

Venue. Subject to the next paragraph, any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Allen County, Indiana, and you and Lakefly consent to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect intellectual property rights.

Class action waiver. To the extent permitted by law, you and Lakefly each agree that claims may be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Consumers outside the U.S. If you are a consumer residing in the European Union, United Kingdom, or another jurisdiction with mandatory consumer protection laws, nothing in these Terms removes the protection of those laws or your right to bring claims in your local courts.

17. Copyright Complaints

We respect intellectual property rights. If you believe material in or through an App infringes your copyright, send a written notice to the contact below that includes: your name and contact information; a description of the copyrighted work; the location of the allegedly infringing material; a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law; a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner; and your physical or electronic signature. We may remove material and terminate repeat infringers' accounts as appropriate.

18. General Provisions

• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Lakefly regarding the App and supersede prior understandings.
• Severability. If any provision is found unenforceable, it will be limited to the minimum extent necessary and the remaining provisions will remain in effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Export compliance. You agree to comply with all applicable export, re-export, and sanctions laws in using the App.
• Electronic communications. You consent to receive notices from us electronically, including by email or in-app messages.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
• Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.

19. Contact Us

Questions about these Terms, or notices to Lakefly:

Lakefly Productions
Email: info@lakeflyproductions.com
Mailing address: 11020 Ridge Gap Run, Fort Wayne, IN 46845
Website: https://lakeflyproductions.com