1.1. These Terms of Use (the “Agreement”), together with all the documents referred to in it, constitute a legally binding contract made between you as a natural person ("you", "your" or "user") and LOGIC FUSION LLC, a company registered and acting under the laws of the United States, having its registered office at 4713 Southern Breeze Dr, Naples, FL, US 34114 (“Logic Fusion”, "we" "us" or "our"), concerning your access to and use of Heartics: Pulse & HRV Analyzer software application for mobile devices (“App”). The App's title may vary in countries outside the U.S. and is subject to change without prior notice.
1.2. In this Agreement, a reference to the services and content available via the App is the “Services”.
1.3. Please read this Agreement carefully before you download, install, or use the App. If you use our App, you agree to be bound by this Agreement, unless we specifically ask for your consent.
1.4. If you do not accept this Agreement or disagree with any provision, you are not authorized to access or use the App. You must promptly discontinue using the App and remove (delete) it from any mobile device you possess or control.
1.5. This Agreement is not concluded with Apple, Inc., its subsidiaries, or any other entity as may apply. However, you acknowledge and agree that, with regard to the App, Apple and Apple's subsidiaries are the third-party beneficiaries of this Agreement, and that upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as a third-party beneficiary thereof.
1.6. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the App.

2.1. To use the App and Services, you must be at least thirteen (13) years old, or at least sixteen (16) if you are a resident of the European Union or the United Kingdom.
2.2. Any person under thirteen (13) years old is prohibited from using our Services.
2.3. Users who are minors in their jurisdiction (generally under the age of 16) must have the permission of and be directly supervised by their parent or guardian to use the App. If you are between the ages of thirteen (13) and sixteen (16) and wish to use the App or Services, you must: (a) ensure that your parent or guardian has read and agreed to this Agreement prior to your use of the App; and (b) have the legal capacity to enter into a binding contract with us and not be prohibited from doing so under any applicable laws.

3.1. Our App provides information on various health matters, fitness, and well-being. The App is designed to offer you a range of insights regarding your heart indicators based on measurements you take using the App's functionality or share with us via available APIs. You can find the complete list of features on the App's page at https://apps.apple.com/. The Services are intended solely for your personal, non-commercial use.
3.2. While we strive to provide credible and verified information, please note that your use of our Services is subject to our medical and liability disclaimers. We are not a healthcare organization, and you are solely responsible for your health.

4.1. The App is provided for educational and entertainment purposes only and is not intended to diagnose, cure, or treat any medical condition or serve as a substitute for professional medical care. The App is not a clinical pulse oximeter. If knowing your pulse rate (heart rate) is critical to your health, you should have it measured by a medical professional.
4.2. LOGIC FUSION LLC IS NOT A LICENSED MEDICAL CARE PROVIDER. NOTHING IN THE SERVICES PROVIDED BY THE APP SHOULD BE CONSIDERED MEDICAL ADVICE OR ASSISTANCE, NOR SHOULD IT SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. PLEASE CONSULT A LICENSED PHYSICIAN OR QUALIFIED HEALTHCARE PROVIDER BEFORE MAKING ANY HEALTH-RELATED DECISIONS OR TAKING ACTIONS THAT MAY AFFECT YOUR HEALTH OR THE HEALTH OF YOUR FAMILY. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH THE APP. WE DISCLAIM LIABILITY FOR ERRORS, OMISSIONS, TECHNICAL INACCURACIES, OR TYPOGRAPHICAL ERRORS IN THE MATERIALS PROVIDED, AS WELL AS FOR VIOLATIONS OF ANY ETHICAL OR MORAL STANDARDS RELATED TO FITNESS AND HEALTH EDUCATION IN YOUR COMMUNITY. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.

Your privacy is important to us. We have created a Privacy Policy to explain how we process, use, and store personal data. Please read our Privacy Policy carefully.

6.1. As long as you use the App and/or Services under this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and revocable right to install and use the App on wireless electronic devices that you own or control. You may access and use the App on these devices strictly according to the terms and conditions of this Agreement.
6.2. You may use our Services solely for your own non-commercial purposes. You are bound to respect the copyrighted material within the Services.
6.3. The source code, design, and content — including information, photographs, illustrations, artwork, graphic materials, sounds, music, and video (collectively referred to as "Works") — as well as names, logos, and trademarks (collectively referred to as "Intellectual Property") within the Services are protected by copyright laws and other relevant laws and/or international treaties. These rights belong to us, our partners, or contracted third parties, as applicable.
6.4. These Works and Intellectual Property may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, whether in whole or in part unless expressly permitted by us and/or our partners and/or contracted third parties, as the case may be.
6.5. All rights, title, and interest in and to the Services and their content, Works and Intellectual Property, as well as its functionalities, (1) are the exclusive property of Logic Fusion LLC and/or our partners and/or contracted third parties, (2) are protected by the applicable international and national legal provisions, and (3) are under no circumstances transferred (assigned) to you in full or in part within the context of the license therewithin.
6.6. We will take legal action against any unauthorized use of our trademarks, names, or symbols to protect and restore our rights. All rights not expressly granted herein are reserved. Additionally, other product and company names mentioned may be trademarks of their respective owners.
6.7. For clarity, we own all text, images, photos, audio, video, software, code, and all other forms of data or communication created and made available in connection with the App. This includes, but is not limited to, visual interfaces, interactive features, graphics, design, compilations of User Content (as defined below), and aggregate user review ratings, as well as all other elements and components of the App, excluding User Content. Except as expressly stated herein, we do not grant any express or implied rights; all rights in and to the App, Works, and Intellectual Property are retained by us and/or our partners and/or contracted third parties.

7.1. The Services may enable you to share your measurements, post feedback and reviews (including to public areas), and log certain information into the App (“User Content”).
7.2. By providing your User Content to the Services, you (a) grant us a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, exploit, modify, edit, adapt, reproduce, translate, publicly display, publicly perform, create derivative works from, incorporate it into other works, change, reformat, and distribute your User Content in connection with providing and operating the App and related services and/or for our promotional purposes (for example, by displaying on our website, within the App, in social media, on any website or platform on the Internet as we may deem appropriate), or for our internal business purposes by communicating it to businesses, sub-contractors, officers, employees, agency workers, consultants or any other workers, full or part time, overseen by Logic Fusion LLC, subject to the Privacy Policy; and (b) you agree to indemnify Logic Fusion LLC and its affiliates, directors, officers, and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with the terms described in this Agreement. However, our rights to use your information related to your health (heart indicators and measurement data) are limited to those directly connected to your use of our Services; we will not disclose it or make it public for our promotional purposes without your explicit permission.
7.3. Unless explicitly stated otherwise, any communications you send to us or publish in app stores are considered non-confidential. You agree that we may choose to publicize such content at our discretion. By doing so, you authorize us to use this content without compensation, and to revise, modify, adjust, or change it contextually as we see fit.
7.4. Subject to permissions herein, you retain all rights to such User Content that you post, share, or log in to the Services.
7.5. We reserve the right to review all User Content before it is submitted to the App and to remove any content or media for any reason, at any time, without prior notice, at our sole discretion.
7.6. For the avoidance of any doubt, you acknowledge and agree that we may:

• continue to use all or part of User Content even if you change your mind and want us to remove it and/or you no longer use the Services;
• reproduce your trademarks, trade names, service marks, logos, domain names, or other identifying signs or images;
• modify your User Content in any way at our sole discretion.

7.7. You acknowledge that we are not responsible for checking, monitoring, or moderating any User Content, and you remain solely responsible for all User Content you submit.
7.8. By submitting User Content to the Services, you warrant and represent that you are the sole author of and owner of all proprietary rights in the User Content. If the User Content includes any material proprietary to a third party, you warrant that you have obtained the permission of such third-party owners to use their material by the provisions of this Agreement.
7.9. You warrant and represent that your User Content will not be inappropriate. Without limitation, User Content will be considered inappropriate if:

• It is defamatory, plagiarized, abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic or hateful
• It is in breach of confidentiality or another person’s privacy
• It prejudices any active legal proceedings of which you are aware
• It contains accusations of impropriety or personal criticism of our staff
• It infringes any intellectual property rights proprietary to us or any other third party
• It is technically harmful (including without limitation computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct)
• It advertises or promotes any product or service or makes any requests for donations or financial support
• It is spam or junk content
• It impersonates another person or otherwise misrepresents your identity, affiliation or status
• It would be considered a criminal offense, or gives rise to civil liability, or is otherwise unlawful; and/or
• is in breach of this Agreement.

7.10. Unless you have our express permission, you must not re-submit any User Content or other material or applications that have previously been removed.

8.1. We are not responsible for how you use the App. If you suspect you may have a medical emergency, please call your doctor or emergency services immediately. As a condition of using the Services, you agree not to use the App and other Services for any purposes prohibited by this Agreement.
8.2. UNLESS OTHERWISE STATED IN THIS AGREEMENT OR AGREED WITH US IN WRITING, YOU MUST NOT (WHETHER DIRECTLY OR INDIRECTLY):

• distribute, transmit, syndicate, sell or offer to sell or otherwise make available all or any part of the Services or any content, files, feeds, or data from the Services, whether publicly available or not, to any third parties;
• use or access our Services to provide any kind of services to third parties;
• use the Services to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail, or repetitive messages to anyone;
• modify any file or any other part of the Services that we do not specifically authorize you to modify;
• modify or translate our App or Services or any related documentation in whole or in part, or combine or merge our App with any other object code or program;
• distribute, sub-license, assign, share, timeshare, sell, rent, lease, grant a security interest in, use for service bureau purposes, or otherwise transfer our App or Services or your right to use our Services, including under paid subscription;
• include or copy any of App`s files or content to AI learning databases;
• remove, modify, block, disable, obscure, or impair any copyright, trademark, or other proprietary notices, material, or advertising belonging to us, our licensors, or other third parties contained within our Services;
• incorporate our App into another service or website or make it available via framing or mirrors;
• reverse engineer, decompile, disassemble, reduce the object code of our App to source code form or create (or attempt to create) derivative works based on the whole or any part of our App, except to the extent permitted by applicable law, and provided that the information obtained by you during such activities:
• is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in accordance with applicable law; and
• is not used to create any software that is substantially similar in its expression to our Apps
• is kept secured; and
• is used only in accordance with applicable law;
• copy, download, or store any content, files, feeds, or data from the Services, whether publicly available or not, to make or populate a database or publication of any kind whatsoever, provided that, for the avoidance of doubt, this is not intended to restrict the copying of an insubstantial part of any such material or where you are able to show ‘fair dealing’ with it, in each case in accordance with the applicable law (this provision doesn`t apply to User Content allowed to share by the functionality of the Services);
• use the App, Services or Services` content for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
• use any robot, spider, or other automated device or process to access the Services for any purpose or copy any material;
• use or distribute unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, “cheat utility” software programs or applications, exploits, cheats, or any other hacking, altering, or cheating software or tool;
• upload, post, publish, or otherwise make available information and/or materials, the rights to which belong to third parties, without obtaining the appropriate consent from such third parties;
• attempt to gain unauthorized access to our Services, the server on which our Services are hosted, or any server, computer, or database connected to our Services or to attack our Services via a denial of service attack. By breaching the provisions of this clause, you may be committing a criminal offense. We shall report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them, and your right to use our Services shall immediately and automatically cease;
• attempt to avoid or undermine any protections we put in place for the security and operation of the Services;
• use data, content, or features from the App to diagnose, treat, or mitigate any health conditions;
• do anything that may cause damage to our App;
• do other actions prohibited by applicable law, that violate the moral principles and/or any rights of third parties, as well as that could damage the reputation of the Services or otherwise discredit it, the Services` users, third parties, and/or Logic Fusion LLC or any of our products and services, employees, subcontractors, representatives, or affiliates.

8.3. Without prejudice to our rights and remedies, we reserve the right to promptly suspend your access to any of our Services if, in our reasonable opinion, you breach any provisions of this Agreement. We may take any legal measures available to us against a user who violates this Agreement, in accordance with applicable laws.

9.1. In order to use the App, you are required to have a compatible mobile phone or a tablet, and internet access.
9.2.The App is available for downloading and installing on handheld compatible mobile devices running Apple iOS Operating System 16.0 or later.
9.3. We do not guarantee that the App will be compatible with all hardware and software configurations. Additionally, we make no assurances that your access to the App will be uninterrupted, timely, or free from errors.
9.4. Our App measures heart rate and heart rate variability using a software program based on the Photoplethysmography (PPG) method, an optical technique that detects volumetric changes in blood flow in the peripheral circulation. While we continuously strive to improve the accuracy of the measurements provided by the App, we do not guarantee absolute precision or the absence of errors. We recommend following the instructions within the App to achieve the most accurate results. However, please note that our App is not a clinical device for measuring heart indicators. If knowing your health indicators is critical, we advise consulting a medical professional.
9.5. You acknowledge the App is provided via the Internet and mobile networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
9.6. We reserve the right to change, expand, and improve the App, modify its user interface, and add new features and functions — available on both free and paid bases — periodically and without prior notice. The App version may be upgraded to support new functions and services, and we may change or update the App and its content without notifying you. By using any new features or subscribing to relevant services, you agree to abide by this Agreement.
9.7. We have the right at any time to discontinue part or all of the App, selectively disable certain features, or cease providing any other services, in whole or in part. Your use of the App does not guarantee its continued availability. Any modifications or discontinuations of the App or other services will be at our sole discretion, without ongoing obligation or liability to you.
9.8. If you decide not to use the App for any reason, you should uninstall the App.

10.1. The App is available for download on a free basis. However, certain features are offered for a fee.
10.2. Features and content in the App may vary by country, language, version, or device.
10.3. Subscriptions. You may subscribe to our premium services within the App. Paid subscriptions are billed through the in-app purchase functionality provided by Apple. By providing your payment information, you authorize us and the third-party payment system to charge the applicable fees to your submitted payment card. Subscriptions continue indefinitely and will be automatically billed for ongoing charges until canceled. We will inform you about ongoing fees, payment frequency, and the cancellation process before your purchase.
10.4. Trial. Subscriptions may include a trial period (“Trial”), allowing you to use the Services for free or at a reduced price for a limited time. If you don’t cancel at least 24 hours before the Trial ends, you will be automatically charged the price shown on the payment screen for the chosen subscription period. If a Trial is available, it will be indicated before checkout. It's your responsibility to track when the Trial ends. We may modify or end any Trial offer or your access to the Services during a Trial without notice or liability. We also reserve the right to limit your access to multiple Trials.
10.5. Price. We may change the prices, content, and structure of subscriptions, including recurring fees. Price changes will take effect at the start of the next subscription period after the change date. By continuing to use the subscription after the price change, you accept the new price. If you do not agree with the price change, you can unsubscribe before it takes effect.
10.6. Taxes. Tax rates or other fees are based on the rates applicable at the time of your monthly charge. These amounts can change over time with local tax requirements in your country, state, territory, county, or city. Any change in tax rate may be automatically applied based on the account information you provide.
10.7. Renewal. Your payment will automatically renew at the end of the applicable subscription period unless you cancel it before the end of the then-current subscription period. To avoid being charged you must affirmatively cancel your subscription or a trial at least 24 hours before the end of the free trial or the current subscription period.
10.8. Cancellation. To cancel a subscription, please, change the subscription settings of your Apple account. Learn more about managing subscriptions (and how to cancel them) on Apple support page.
10.9. If you uninstall the App, your subscription will not stop automatically. You must cancel the automatic renewal of your subscription in order not to be charged with the cost of the new subscription.
10.10. Refunds in the App. Purchases made through the Apple App Store follow its refund policy. We do not have access to your billing information and cannot issue refunds. If you believe you are eligible for a refund, please contact Apple Support directly to request it. Follow the provided instructions to initiate a refund request with Apple:

• Sign in to reportaproblem.apple.com.
• Tap or click "I'd like to", then choose "Request a refund".
• Choose the reason why you want a refund, then choose Next.
• Choose the app, subscription or other item, then choose Submit.

10.11. If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. You may not be eligible for a refund unless the digital content is defective. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU.
10.12. Other charges. Your mobile service provider may charge you for downloading or accessing the App on your device. Check your agreement with them, as this may include data roaming fees if you're outside your home area. You are responsible for all these charges. If you use someone else's device, we assume you have their permission to incur these costs.
10.13. By using our Services, you agree that your purchase is not dependent on the future availability of any features or functionality, and is not influenced by any statements we make about them, either verbally or in writing.

The App may include features that encourage physical activity. Please consider the risks and consult your medical professional before participating in any physical activity. Logic Fusion is not responsible for any injuries or damages resulting from your use or inability to use the App’s features.

12.1. Our Services may include links to other websites and third-party services. We do not control and are not responsible for the content of these sites (unless we provide them). These links are provided for your convenience only, without any warranty regarding the information on those sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.
12.2. You shall not link to our App, content, or Services in a way that is: (i) illegal, (ii) suggests any form of association, approval, or endorsement with or by us where none exists, (iii) damages our reputation or takes advantage of it, or (iv) is unfair.

13.1. YOU AGREE THAT YOUR USE OF THE APP AND OUR SERVICES SHALL BE AT YOUR SOLE RISK. THE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, AND CONTENT INTEGRATED IN THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING ERRORS, OMISSIONS, AVAILABILITY, TECHNICAL COMPATIBILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SERVICE, PRODUCTS, OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT. ALL WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE ARE EXPRESSLY DISCLAIMED, EXCEPT AS REQUIRED BY LAW. NEITHER LOGIC FUSION LLC NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR CONTENT PROVIDERS WARRANT, AND EACH OF THEM HEREBY EXPRESSLY DISCLAIMS, THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS; OR (E) THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT, TEXT, IMAGES, SOFTWARE, GRAPHICS, OR COMMUNICATIONS PROVIDED BY US OR THIRD PARTIES THROUGH THE APP, INCLUDING IN PUBLIC AREAS. SOME STATES/COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.2. Our Services and the App do not guarantee any health-related improvements or outcomes. Your use of the Services, along with any information or predictions provided, is at your own risk. We do not guarantee the accuracy of the data or estimates provided through the App, and you acknowledge that the App is not a substitute for medical devices or healthcare providers.

IN NO EVENT SHALL WE OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE APP AND SERVICES PROVIDED BY THE APP. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES (INCLUDING BUT NOT LIMITED TO LOSS OF USE OR LOSS OF DATA), EVEN IF WE HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD-PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS. YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF OUR SERVICES IN ANY COUNTRY. IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO LOGIC FUSION LLC FOR USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO LOGIC FUSION LLC, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHERE ANY PROVISION IS EXPRESSED TO EXCLUDE OR LIMIT LIABILITY TO A GREATER EXTENT THAN PERMITTED BY APPLICABLE LAW, THAT PROVISION SHALL BE DEEMED TO ONLY EXCLUDE OR LIMIT OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

15.1. You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product or products derived from or based on such technology received from us under this Agreement thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
15.2. We reserve the right to restrict access to our App or some features of our Services in any geographical area at our own discretion.

16.1. Pre-judicial disputes. If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the App and the Services provided by the App or this Agreement, then you and we agree to send a written notice to each other providing a reasonable description of the dispute, along with a proposed resolution of it. The notice shall be sent based on the most recent contact information. For a period of sixty (60) days from the date of receipt of notice from the other party, you and us will engage in a dialogue in order to attempt to resolve the dispute, though nothing will require either you or us to resolve the dispute on terms which either you or us, in each of our sole discretion, are uncomfortable with.
16.2. Mandatory Arbitration of Disputes. You and Logic Fusion agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Logic Fusion agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Logic Fusion are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
16.3. Exceptions. We both may seek to resolve a Dispute in local court if it qualifies; and we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
16.4. Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778- 7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
16.5. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
16.6. Injunctive and Declaratory Relief. Except as provided above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
16.7. Class Action Waiver. YOU AND LOGIC FUSION AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then entire Section 16 shall be null and void.

You agree to indemnify and hold Logic Fusion, along with its affiliates, suppliers, licensors, partners, and their respective officers, directors, employees, and agents, harmless from any claims or demands made by third parties arising from (i) your use of the Services, (ii) your User Content, or (iii) your violation of this Agreement. Logic Fusion may take over the defense of any claim at your expense, and you agree to assist in our defense. You also agree not to settle any claim without our written consent. We will make reasonable efforts to inform you of any claims we become aware of.

18.1. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA.
18.2. Unless otherwise set out in this Agreement, any dispute related to this Agreement is not resolved through arbitration, both parties agree to submit to the exclusive jurisdiction of the courts in the USA for settlement. Any legal proceedings must be initiated in these courts, and both parties waive any claims of improper venue or forum non-convenience.
18.3. Without prejudice to any other rights or remedies that we may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of this Agreement by you. Accordingly, we shall be entitled to the remedies of injunction, specific performance, or other equitable relief for any threatened or actual breach of this Agreement.
18.4. If you are a resident of the EU: Nothing in this Agreement shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
18.5. If you have a complaint, please contact us at support@logicfusion.net. If you feel your complaint is not adequately addressed you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in the Agreement, Logic Fusion does not participate in any alternative dispute resolution scheme.
18.6. You may bring any dispute arising under this Agreement to the competent court in your country of habitual residence, provided it is an EU Member State, which will have exclusive jurisdiction. Logic Fusion will also bring any disputes to that same court. You agree that the Services, this Agreement, and any disputes between you and Logic Fusion will be governed by the laws of the Republic of Cyprus, without regard to its choice of law provisions.

19.1. If you believe that any materials on the Services infringe your copyright, you can request their removal by contacting us. Please provide the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and, where possible, include a copy or the location of an authorised version of the work.
2. Identify the material you believe is infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained use of the materials is not authorised by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, indicating that “under penalty of perjury,” you are the copyright owner or are authorised to act on the copyright owner’s behalf.
6. A signature or the electronic equivalent from the copyright holder or authorised representative.

19.2. We will review and respond to your inquiry within 30 (thirty) calendar days.

We reserve the right to modify this Agreement at any time. Changes will be communicated by updating the Agreement. If we make significant changes that affect your rights, we will notify you through the App or by presenting a new version for your acceptance. We encourage you to review this Agreement regularly to stay informed. By continuing to use the App after the revised Agreement is posted or after you have been notified of changes, you accept and agree to the modifications.

We can terminate this Agreement at any time and for any reason. Upon termination: (a) your rights and licenses to use the App will end; and (b) you must stop using the App. If you violate any provisions of this Agreement, we may also block your access to our Services or take other appropriate actions at our discretion.

If any provision of this Agreement is or becomes illegal, invalid, or unenforceable in any respect, that provision shall be read down to become illegal, invalid, or unenforceable or, if this is not possible, deleted. The other terms of this Agreement shall continue to apply with full force and effect.

23.1. Any delay or failure by us to exercise our rights due to your noncompliance with this Agreement does not waive those rights. Additionally, if Logic Fusion waives any part of this Agreement, it does not mean we will waive any future breaches or other terms.
23.2. We may transfer or assign our rights and obligations under this Agreement to anyone, in any manner, including through novation. By accepting this Agreement, you consent to such transfers. You acknowledge that if we post a version of this Agreement indicating another party, it serves as valid notice of the transfer of Logic Fusion's rights and obligations under this Agreement (unless stated otherwise).
24.3. You shall not assign, transfer, or purport to assign or transfer the contract between you and us to any other person.
24.4. All information communicated through our Services is considered electronic communication. When you interact with us via the Services or other electronic media, such as email, you are communicating electronically. You agree to this method of communication, acknowledging that electronic messages, notices, agreements, and disclosures are equivalent to written communications and hold the same legal weight. By clicking buttons labeled "SUBMIT," "CONTINUE," "CREATE ACCOUNT," "I AGREE," or similar, you are providing a legally binding electronic signature and entering into a contract. Your electronic submissions signify your agreement to and intent to be bound by this Agreement. YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH OUR APP OR EMAIL.
24.5. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

If you have questions about this Agreement or the Services, or if you need to submit a support request, please contact us at support@logicfusion.net.