Terms and condition

Terms and Conditions of Use for Rabbit Hole Mobile Application

Effective Date: [Insert Effective Date]
App Name: Rabbit Hole
Jurisdiction: Arizona, United States

1. INTRODUCTION

1.1 Agreement and Binding Effect

These Terms and Conditions (the “Terms”) constitute a legally binding agreement between you (the “User,” “you,” or “your”) and Jordan Mychal-Kennedy Smith, the founder, intellectual property owner, and sole proprietor of the proprietary mobile application known as Rabbit Hole (the “App,” “Platform,” **“we,” **“us,” or “our”), and govern your access to and use of the App, including all related software, algorithmic engines, databases, user interfaces, trademarks, and backend functionalities.

By accessing, installing, registering, or otherwise using the App — including but not limited to creating a user profile, submitting personal content, engaging with the App’s user-matching system, or interacting with the App’s proprietary Virtual Hashtag Filtering Layer and psychographic profiling algorithms — you expressly acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other incorporated policies or notices (collectively, the “Agreement”). This Agreement governs both your rights and your responsibilities with respect to the App and its associated services.

1.2 Scope of the Agreement

This Agreement applies to all users, whether casual visitors, registered users, verified contributors, or Premium Tier subscribers, and governs the entire lifecycle of user interaction with the Rabbit Hole Platform, including but not limited to:

• Access to proprietary algorithmic matching functions;
  
  
• Use of patent-pending UX/UI elements;
  
  
• Submission of identity-verifying content (e.g., government-issued ID, videos, geolocation data);
  
  
• Engagement with Rabbit Hole’s psychographic filters, 16-category virtual content labeling engine, and profile personalization architecture;
  
  
• Access to any paid features or in-app monetized services (if applicable in future updates);
  
  
• Transmission, storage, and display of any user-generated content (“UGC”) as defined herein.
  
  

1.3 Eligibility and Jurisdiction

You represent and warrant that you are at least 18 years of age, possess the legal capacity to enter into this Agreement, and are not prohibited from using the App under any applicable law. This App is operated from the United States and is intended for use by individuals located within the U.S. or other jurisdictions where its use is legally permitted. You agree that this Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law principles, and that the courts located in Maricopa County, Arizona shall have exclusive jurisdiction over any disputes arising from or relating to this Agreement.

1.4 Updates and Modifications to Terms

We reserve the right to amend, modify, supplement, or replace these Terms at any time, in our sole discretion, with or without prior notice to you. Any changes shall become effective immediately upon publication via the App interface or our official website. Your continued use of the App following such modifications constitutes your binding acceptance of the revised Terms. If you do not agree to any modification, your sole remedy is to discontinue use of the App and terminate your account.

1.5 Supplemental Agreements

Certain features of the App (e.g., future subscription services, third-party integrations, or identity verification mechanisms) may be subject to additional terms, licenses, or agreements. In the event of a conflict between those supplemental terms and these Terms, the supplemental terms shall govern with respect to the specific service to which they apply, unless expressly stated otherwise.

2. ELIGIBILITY AND VERIFICATION

2.1 Age and Legal Capacity Requirements.
Access to and use of the Rabbit Hole™ mobile application (the “App”) is strictly limited to individuals who are at least eighteen (18) years of age and who possess the legal capacity to enter into a binding agreement under applicable law. By registering for or accessing the App, you represent and warrant that you (a) are at least 18 years of age; (b) are not barred from using the App under any applicable laws of the United States, including but not limited to sanctions, export restrictions, or residency-based prohibitions; and (c) have full authority and capacity to agree to these Terms of Use on your own behalf or on behalf of the entity you represent, if applicable.

2.2 Identity Verification and Authentication Protocols.
In order to access and utilize the App's full suite of features, including any algorithm-driven social matchmaking or profile discovery functionality, all Users must undergo a multi-step, mandatory identity verification process (the “Verification Process”), which includes, but is not limited to:

(a) Government-Issued Identification: Submission of a clear, legible, and valid government-issued photo ID (such as a passport, driver’s license, or state-issued ID card), which will be retained in encrypted form in accordance with our [Privacy Policy].

(b) Biometric Confirmation: Submission of biometric media such as facial selfies and/or brief selfie videos for AI-assisted verification, facial match scoring, and anti-fraud detection. All biometric data is processed in compliance with ARS §44-1373 (Arizona Biometric Information Privacy Act) and applicable federal privacy standards, including the Biometric Information Privacy Act (BIPA) and the California Consumer Privacy Act (CCPA), as applicable.

(c) CAPTCHA & Behavioral Verification: Completion of image-based CAPTCHA protocols, behavioral input detection, and time-gated authentication challenges to confirm the presence of a human user and assess interaction fidelity.

(d) Geolocation Confirmation: Use of real-time or session-based location data (with user permission) to assess regional access eligibility and support jurisdiction-specific compliance.

2.3 Truthful, Accurate, and Current Information.
You agree, represent, and warrant that all registration and verification information you provide to us — including personal, contact, demographic, psychographic, or biometric data — is truthful, accurate, current, and complete to the best of your knowledge at the time of submission. You further agree to update your account information promptly should any of it change during the course of your use of the App. The Company reserves the right to suspend or terminate your account, without notice or liability, in the event that any information provided is found to be false, misleading, incomplete, or fraudulent.

2.4 Ongoing Re-Verification.
To preserve platform integrity and deter impersonation or identity-based fraud, Rabbit Hole™ reserves the right to require Users to re-verify their identity at any time, including but not limited to: (a) account recovery events; (b) suspicious activity detection; (c) reactivation after prolonged inactivity; or (d) access to sensitive, advanced, or premium features.

2.5 Use Restrictions for Ineligible Persons.
The App may not be accessed or used by individuals who are subject to any criminal background that includes identity theft, digital impersonation, or offenses involving fraud, misrepresentation, or sexual exploitation, nor by individuals who have previously been removed from the App by the Owner. By using the App, you affirm that you are not subject to any of the foregoing restrictions.

2.6 Audit and Enforcement Rights.
The Owner reserves the right to employ third-party services and internal audits to confirm the integrity and compliance of identity verification submissions. Any attempt to circumvent or manipulate the Verification Process, including the use of synthetic identities, deepfake media, or proxy registrations, shall constitute a material breach of this Agreement and may result in permanent suspension, civil enforcement, and/or referral to law enforcement authorities.

3. INTELLECTUAL PROPERTY

3.1 Ownership and Reservation of Rights

(a) Exclusive Ownership: The Rabbit Hole mobile application (the “App”), including without limitation all software code (object and source), user interface and experience elements, visual and audiovisual components, metadata frameworks, the proprietary 16-Category Virtual Hashtag Filtering and Labeling System, the "Tunnel Vision" Spotlight Discovery Algorithm, psychographic and behavioral segmentation engines, backend filtering architectures, and all documentation, designs, concepts, data models, source files, and related intellectual property (“App IP”), are and shall remain the sole and exclusive property of Jordan Mychal-Kennedy Smith (“Licensor,” “we,” “us,” or “our”).

(b) Intellectual Property Protections: The App IP is protected under applicable U.S. and international laws, including without limitation, the U.S. Copyright Act of 1976, the Lanham Act, the Defend Trade Secrets Act of 2016, the Digital Millennium Copyright Act (DMCA), and other statutes governing patents, trade dress, moral rights, and unfair competition. All rights not expressly granted to the user under this Agreement are expressly reserved by the Licensor.

3.2 Patent Status and Public Notice

(a) Filing Status: As of June 3, 2025, a non-provisional utility patent application encompassing the App’s novel filtering methods, algorithmic logic, and user categorization systems has been duly filed with the United States Patent and Trademark Office (USPTO), and currently holds the status “Patent Pending.”

(b) No License by Implication: Nothing in this Agreement or the use of the App shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any patents, patent applications, or patentable concepts embodied in the App, other than as explicitly permitted herein.

(c) Infringement Warning: Unauthorized access, replication, distribution, or commercialization of any patent-pending components may constitute willful patent infringement under 35 U.S.C. § 271 and may subject the infringer to injunctive relief, treble damages, and attorneys’ fees.

3.3 End-User License Grant

(a) Scope of License: Subject to your strict and ongoing compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to download, install, and use the App solely in executable object code format via authorized distribution platforms (e.g., Apple App Store, Google Play) and exclusively for your personal, non-commercial use.

(b) Territorial and Platform Restrictions: This license is limited to jurisdictions in which the App is lawfully offered and may not be accessed or used in any country where such use would violate local laws or export restrictions.

(c) Access Method Restrictions: You shall not attempt to access or use any part of the App, its databases, APIs, source code, or proprietary components other than through the published graphical user interface provided by us. Any circumvention, scraping, probing, or emulation of the App's architecture or systems is strictly prohibited.

3.4 License Limitations and Prohibited Activities

Except as expressly permitted herein, you shall not, and shall not permit or authorize any third party to:

(a) Reverse Engineering: Decompile, disassemble, translate, reverse engineer, or otherwise attempt to derive the source code, algorithms, structure, or organizational flow of the App or its components;

(b) Derivative Works: Modify, adapt, translate, or create derivative works based on the App or any part thereof, including for training, simulation, or machine learning purposes;

(c) Copying and Distribution: Copy, rent, lease, sublicense, transfer, publish, disclose, or otherwise make available the App, in whole or in part, to any third party, whether for commercial gain or otherwise;

(d) Trademark Misuse: Use the App’s trade names, logos, service marks, or branding elements in any way that implies endorsement, affiliation, or partnership without our express prior written consent;

(e) IP Removal or Obfuscation: Remove, obscure, or alter any copyright notices, trademarks, patent legends, or other proprietary rights notices appearing in the App;

(f) Misuse for Competitive Purposes: Use the App to develop, enhance, or operate a competing product or service, or for any benchmarking or comparative analysis without our express written authorization.

3.5 Feedback

You may voluntarily provide us with suggestions, enhancement requests, or other feedback regarding the App (“Feedback”). All such Feedback shall be deemed non-confidential and become our exclusive property. We shall be free to use such Feedback without restriction or obligation of compensation.

3.6 Third-Party Content and Open Source

(a) Open Source Notice: The App may utilize certain third-party or open-source libraries which are subject to separate licensing terms. A list of such components and applicable licenses is available upon request and shall be deemed incorporated by reference herein.

(b) Non-Assertion: You agree not to assert any intellectual property right you may have arising from your use of the App against us, our licensors, or our affiliated developers.

4. SUBSCRIPTION AND PAYMENT TERMS

4.1 Access Tiers and Scope of Services

(a) Basic Access: The App may offer limited features or content under a no-cost, ad-supported or feature-restricted Basic Access Plan (“Free Tier”). Access to this tier is granted at the sole discretion of the Company and may be modified, suspended, or discontinued without prior notice.

(b) Premium Access: Enhanced functionality, including but not limited to full access to proprietary systems such as the Virtual Hashtag Filtering and Labeling System, Tunnel Vision™ Spotlight Algorithm, psychographic filters, advanced metadata analytics, and deep-customization UI/UX elements, is available exclusively through a Paid Subscription Plan (“Premium Tier”).

4.2 Subscription Plans and Pricing

(a) The following subscription plans are available to Users, denominated in U.S. Dollars (USD), exclusive of applicable sales tax, VAT, or other governmental charges unless otherwise stated:

• Quarterly Plan: $29.99 for three (3) months of uninterrupted access
  
  
• Semi-Annual Plan: $59.99 for six (6) months
  
  
• Tri-Annual Plan: $89.99 for nine (9) months
  
  
• Annual Plan: $99.99 for twelve (12) months
  
  

(b) Price Changes: We reserve the right to modify subscription pricing at any time for new subscription terms. Price changes will not apply retroactively to active subscriptions but will become effective upon renewal. Users will be notified of material price changes prior to their next billing cycle.

4.3 Payment Processing and Billing Terms

(a) Authorized Payment Methods: Payments for all subscription plans must be completed via authorized in-app mobile payment platforms (e.g., Apple App Store, Google Play Store), or other third-party processors as may be designated by the Company from time to time (“Payment Processors”).

(b) Billing Authorization: By purchasing a subscription, you authorize the Company and its Payment Processor(s) to charge your chosen payment method for the applicable fees, including recurring payments if applicable, and any applicable taxes and fees.

(c) Subscription Activation: All subscriptions are activated immediately upon successful payment confirmation. The initial term begins on the date of activation and shall continue for the period selected.

(d) Auto-Renewal: Unless canceled by the User in accordance with Section 4.5 below, subscriptions shall automatically renew at the conclusion of each billing cycle, for an identical duration and at the prevailing rate for that tier. You hereby expressly consent to such automatic renewal.

4.4 Taxes and Currency

All fees are payable in United States Dollars unless otherwise indicated. Users are solely responsible for any local taxes, duties, currency conversion fees, or financial charges incurred in connection with their subscription purchase.

4.5 Cancellation Policy

(a) User-Initiated Cancellation: Users may cancel their subscription at any time through the applicable platform’s account settings. Cancellations will take effect at the end of the current billing period, and Users shall retain access to Premium features until that time.

(b) No Prorated Refunds: Canceling a subscription does not entitle the User to a refund for any unused portion of the term.

4.6 Refunds and Chargebacks

(a) Finality of Transactions: Except where otherwise required by applicable law, all purchases and subscription fees are final, non-refundable, and non-creditable, regardless of usage, satisfaction, or early termination.

(b) Unauthorized Transactions: If you believe a payment was made in error or without authorization, you must notify us within seven (7) days of the transaction date. Filing a chargeback or payment dispute without first contacting our support team may result in the immediate suspension or termination of your account.

(c) Legal Remedies: Users who initiate fraudulent chargebacks or violate our billing policies may be subject to civil and/or criminal liability, including the recovery of costs, legal fees, and damages.

4.7 Suspension for Non-Payment

The Company reserves the right to suspend or terminate access to Premium features without notice in the event of payment failure, chargeback, or suspected fraud. Reinstatement may be subject to a reactivation fee.

4.8 Promotions and Trials

Any promotional offers, free trial periods, or discounted rates are provided at our sole discretion, subject to additional terms and may be withdrawn or modified at any time. Users shall not attempt to exploit promotions through multiple accounts, circumvention, or manipulation of the billing system.

5. USER CONDUCT AND CONTENT

5.1 Ownership and Licensing of User-Generated Content

5.1.1 Ownership. Subject to the license granted herein, you retain all ownership rights, title, and interest in and to any content, materials, communications, data, profile information, images, audio, video, filters, text, or any other material that you create, upload, publish, transmit, or otherwise make available through the App ("User-Generated Content" or "UGC").

5.1.2 Limited License Grant. By submitting or posting any UGC to or through the App, you hereby grant Rabbit Hole Inc. and its affiliates, successors, and assigns a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, adapt, publicly perform, publicly display, transmit, index, store, cache, modify, and create derivative works of such UGC in connection with:

• (i) the operation, improvement, or marketing of the App;
  
  
• (ii) any related services, tools, algorithms, or promotional initiatives;
  
  
• (iii) compliance with applicable legal requirements or to respond to legal process.
  
  

5.1.3 Waiver of Moral Rights. To the fullest extent permitted under applicable law, you hereby waive any and all moral rights or similar rights of attribution, integrity, or disclosure with respect to such UGC, and you warrant that you have obtained the same waiver from any third parties who may claim moral rights in your content.

5.1.4 UGC Representations and Warranties. You represent and warrant that:

• (a) you own or have obtained all rights necessary to grant the licenses above;
  
  
• (b) your UGC does not infringe or misappropriate any third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or trade secrets;
  
  
• (c) your UGC complies with all applicable laws and regulations.
  
  

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5.2 Prohibited Conduct

You agree to use the App only in accordance with these Terms and applicable law, and you shall not engage in, encourage, or facilitate any of the following Prohibited Activities:

5.2.1 Identity and Impersonation. Creating a false identity, misrepresenting your identity or affiliation, impersonating any person or entity, or falsely claiming an endorsement or affiliation with Rabbit Hole Inc. or any other third party.

5.2.2 Harassment and Abuse. Engaging in stalking, intimidation, harassment, abusive speech, doxing, threats of violence, hate speech, or any conduct intended to harm or intimidate another user.

5.2.3 Automation and Scraping. Using bots, spiders, scripts, data mining tools, scraping technologies, automated systems, or any method to access, copy, monitor, or reverse engineer any part of the App, its algorithms, or underlying code without our express prior written consent.

5.2.4 Inappropriate or Unlawful Content. Uploading, posting, transmitting, or sharing any content that is:

• (a) pornographic, sexually explicit, or obscene;
  
  
• (b) defamatory, libelous, or otherwise harmful to reputation;
  
  
• (c) discriminatory or offensive on the basis of race, gender, religion, national origin, sexual orientation, or disability;
  
  
• (d) illegal under U.S. federal, state, or international laws;
  
  
• (e) infringing upon the intellectual property or proprietary rights of others.
  
  

5.2.5 Security Violations. Attempting to circumvent, disable, or interfere with security-related features of the App or any related service, including features that prevent or restrict use or copying of content, or enforce limitations on use of the App.

5.2.6 Spam and Malicious Activity. Uploading, distributing, or disseminating any viruses, worms, malware, adware, ransomware, spyware, or other harmful code, or engaging in spam, phishing, or other fraudulent schemes.

5.3 Content Moderation and Enforcement

5.3.1 Monitoring. Rabbit Hole Inc. reserves the right, but not the obligation, to monitor, screen, review, or pre-approve any UGC uploaded to the App at its sole discretion. However, we do not guarantee the accuracy, integrity, or quality of such UGC.

5.3.2 Removal and Restriction. We may remove, block, disable access to, or modify any UGC or account, without notice, if such content or behavior violates these Terms, is reported by other users, is subject to a legal complaint, or poses a risk to our users, systems, or reputation.

5.3.3 Repeat Offenders and Termination. Users who repeatedly violate these provisions, or whose conduct is deemed egregious, may have their accounts permanently terminated and may be subject to civil or criminal liability. We reserve the right to refer such cases to appropriate law enforcement authorities.

5.3.4 Reporting. Users may report violations of this Section using the in-app reporting features or by contacting us at [[email protected]].

6. PRIVACY AND DATA USE

6.1 Categories of Data Collected
In connection with your use of the Rabbit Hole mobile application (“App”), we collect, process, and store the following categories of personal data (collectively, “User Data”):

• Identity Data: Legal name, email address, mobile phone number, government-issued identification (including photographic ID), and date of birth.
  
  
• Biometric and Visual Data: Selfies, short-form videos, and facial recognition inputs collected for identity verification and fraud prevention purposes.
  
  
• Demographic and Psychographic Data: Information voluntarily disclosed by you or inferred by the App’s proprietary behavioral algorithms, including but not limited to gender, age, ethnicity, preferences, personality traits, and engagement patterns.
  
  
• Location Data: Geolocation coordinates (collected via device GPS or network-based triangulation) for proximity-based features.
  
  
• Usage and Device Metadata: Device identifiers, operating system, IP address, access times, feature interaction logs, and in-app activity metrics used for diagnostics, analytics, and security.
  
  

6.2 Purpose of Data Collection and Processing
Rabbit Hole collects and processes User Data for the following lawful and limited purposes:

(a) Identity Verification & Trust Framework:
To validate users through facial ID matching and document verification using proprietary and third-party tools, ensuring the authenticity of App participants in accordance with applicable biometric and identity verification laws.

(b) Profile Personalization & Algorithmic Matching:
To enable accurate content filtering and user-matching through the App’s patent-pending “Virtual Hashtag Filtering System,” which relies on inferred psychographic categories, user-submitted tags, and behavioral signals.

(c) Access Control & Feature Enablement:
To enable or restrict access to specific features, subscription tiers, or location-based services depending on eligibility or profile completion status.

(d) User Safety & Moderation:
To detect, investigate, and respond to potentially harmful or inappropriate content, fake profiles, fraud, harassment, or other violations of our Terms of Use.

(e) Statistical, Analytical, and Operational Use:
To improve the App’s functionality, measure engagement effectiveness, and develop new features based on aggregated and de-identified usage trends.

6.3 Consent and Legal Basis for Processing
By using the App, you provide express and informed consent to our collection, use, and storage of your User Data, including sensitive personal data and biometric identifiers, as described herein. Our legal basis includes:

• Performance of a contract (i.e., delivering App functionality as described in these Terms);
  
  
• Compliance with legal obligations;
  
  
• Protection of vital interests (e.g., fraud prevention); and
  
  
• Legitimate interest in operating and improving the App.
  
  

6.4 Biometric Information and State-Specific Compliance
To the extent the App captures, collects, stores, or utilizes biometric data—such as facial geometry or ID images—you acknowledge and agree as follows:

(a) We comply with the Arizona Revised Statutes § 44-1373, which governs the collection, storage, and disclosure of biometric identifiers.

(b) Biometric data will not be disclosed, sold, leased, traded, or otherwise transferred to third parties without your express written consent, unless required by law or pursuant to a lawful subpoena or warrant.

(c) Biometric identifiers are retained for no longer than three (3) years from the date of your last interaction with the App or as required by law, whichever is sooner, after which such data is securely deleted or irreversibly anonymized.

(d) Access to biometric data is restricted to authorized personnel and protected by industry-standard encryption, secure key management protocols, and multi-factor authentication.

6.5 Data Security and Storage Practices
All User Data is processed and stored using SOC 2-compliant infrastructure, including AES-256 encryption at rest and TLS 1.3 for data in transit. Rabbit Hole maintains comprehensive data governance policies, access controls, and breach response protocols aligned with NIST and ISO/IEC 27001 standards.

6.6 Data Sharing and Third-Party Disclosure
We may share certain User Data with vetted third-party service providers strictly as necessary to perform specific functions on our behalf (e.g., payment processors, facial recognition vendors, analytics providers). All such vendors are contractually bound to data protection obligations at least as restrictive as this Agreement.

We do not sell or rent User Data to any third party.

6.7 User Rights and Controls
In accordance with applicable U.S. state laws, including but not limited to the California Consumer Privacy Act (CCPA) and the Arizona Consumer Data Privacy Act (pending), users may exercise the following rights:

• Right to Access: Request a copy of the personal data we hold about you.
  
  
• Right to Rectification: Request correction of inaccurate or incomplete data.
  
  
• Right to Deletion: Request deletion of your User Data, subject to legal and technical limitations.
  
  
• Right to Withdraw Consent: Withdraw previously given consent to processing.
  
  
• Right to Opt-Out: Decline targeted advertising or data sales, where applicable.
  
  

To exercise these rights, please email us at [email protected]. We may require identity verification before processing your request.

6.8 Data Retention
User Data is retained only for as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations, resolve disputes, and enforce agreements. Data not subject to lawful retention will be deleted or anonymized in accordance with our Data Retention Policy.

6.9 Children’s Privacy
The App is not intended for users under the age of 18. We do not knowingly collect or process data from children. If we become aware that data from a child has been collected, we will promptly delete it.

6.10 Changes to Privacy Practices
We reserve the right to update or modify our data practices and this Section 6 at any time. Substantive changes will be communicated via email and/or in-app notice at least 14 days prior to taking effect. Continued use of the App after such notice constitutes your acceptance of the revised terms.

7. LICENSE AND ACCESS LIMITATIONS

7.1 Limited, Revocable, Non-Transferable License

Subject to your continued compliance with these Terms and all applicable laws, Rabbit Hole, LLC ("Licensor") hereby grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable, and revocable license to access and use the Rabbit Hole mobile application (the “App”) solely for your individual, lawful, non-commercial, and personal use.

• License Scope: This license does not permit any resale, commercial use, public performance, or distribution of the App or any portion thereof, nor does it allow for any derivative works or reverse-engineering unless expressly permitted under applicable law or by Licensor in writing.
  
  
• Ownership: All rights not expressly granted herein are reserved by Licensor. You acknowledge that Licensor retains all right, title, and interest, including all intellectual property rights, in and to the App, its underlying source code, trademarks, logos, visual interfaces, user experience features, and proprietary algorithms.
  
  

7.2 Geographic Scope of License and Jurisdictional Limitations

The App is designed, intended, and licensed primarily for use by individuals residing in the State of Arizona and other U.S. jurisdictions. While the App may technically be accessible in other regions, you acknowledge and agree that:

• Legal Compliance: It is your responsibility to ensure that your access and use of the App complies with local laws and regulations applicable in your jurisdiction, including but not limited to consumer protection, data privacy, content moderation, and age eligibility requirements.
  
  
• Export Controls: You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List.
  
  

Licensor reserves the right to geo-block or restrict access to the App or specific features where use would violate applicable laws, present a legal or regulatory risk, or where the App has not yet been officially launched or supported.

7.3 Device, Platform, and Access Limitations

• Supported Devices: The App may be downloaded, installed, and accessed only on compatible, authorized mobile devices running supported versions of iOS or Android operating systems as designated by Licensor. You are solely responsible for ensuring that your device meets the minimum technical requirements.
  
  
• Single-User License: The license is granted per user per device. Use on multiple devices or by multiple users simultaneously under the same account is strictly prohibited, unless otherwise permitted under a specific commercial license or enterprise agreement authorized by Licensor.
  
  
• Prohibited Access Methods: You may not access or use the App through:
  
  
  
  • Any emulators, simulators, unauthorized third-party apps, or modified versions of the App;
    
    
  • Automated systems or software including bots, spiders, or scrapers;
    
    
  • Jailbroken or rooted devices that bypass manufacturer or operating system-level security mechanisms.
    
    
• Access Restrictions: Licensor reserves the right to monitor usage patterns for violations of this Section and to suspend, disable, or revoke your access if unauthorized access methods or violations of device/platform conditions are detected.
  
  

7.4 No Implied Rights

No rights or licenses are granted to you by implication, estoppel, or otherwise, except as expressly set forth in this Agreement. Use of the App in any manner not expressly authorized herein constitutes a material breach of this Agreement and may result in legal action, including but not limited to suspension of access, account termination, and enforcement of Licensor’s intellectual property rights.

8. TERMINATION

8.1 Termination by User (Voluntary Deactivation)

8.1.1 Right to Cancel: You, the End User, may terminate your individual account and discontinue use of the App at any time for any reason by initiating the account cancellation process within the App’s designated settings interface or by submitting a written request to our customer support team at the contact address provided in Section 18 (Notices).

8.1.2 No Pro-Rated Refunds: Termination of your account under this Section shall not entitle you to any refund, credit, or compensation for any unused portion of your active subscription term unless otherwise required by applicable law.

8.1.3 Data Deletion Request: Upon termination, you may request deletion of your account data in accordance with our Privacy Policy. However, the Company reserves the right to retain certain data for legal, regulatory, compliance, and backup purposes, consistent with Section 11 (Data Retention).

8.2 Termination or Suspension by Company (For Cause or Policy Violation)

8.2.1 Grounds for Termination or Suspension: The Company reserves the right, at its sole discretion, to suspend, disable, restrict, or permanently terminate your access to the App, your account, or any associated features thereof, at any time and without prior notice, if:

• (a) You violate or breach any provision of these Terms and Conditions, our Community Guidelines, or any applicable laws or regulations;
  
  
• (b) Your conduct is determined by the Company to be harmful, threatening, abusive, fraudulent, disruptive, or otherwise contrary to the intended spirit of the platform;
  
  
• (c) You are found to be misusing platform functionality, employing automated means (e.g., bots, scrapers), reverse engineering, circumventing subscription tiers, or introducing malicious code;
  
  
• (d) Your payment method is invalid, fails, or is subject to chargebacks or fraud investigations.
  
  

8.2.2 No Liability for Termination: The Company shall not be liable to you or any third party for the termination or suspension of your access to the App, including but not limited to the loss of any content, data, subscription credits, or service continuity.

8.2.3 Notice of Termination: While advance notice is not required, the Company may provide notice of termination or suspension, at its discretion, by email or through in-app notification, along with a summary of the basis for the action taken.

8.3 Effect of Termination

8.3.1 Revocation of License: Upon termination of your account for any reason, all rights granted to you under this Agreement, including your license to access and use the App, shall immediately and automatically be revoked without the requirement of further notice or action by the Company.

8.3.2 Access to Content: You will no longer have access to your user-generated content or any App functionality. The Company has no obligation to retain or provide a copy of your content following termination, except as required by law.

8.3.3 Forfeiture of Subscription Benefits: Any remaining time on your current subscription period shall be forfeited upon termination. No credits, extensions, or refunds shall be issued for the unused portion, except as required by applicable consumer protection statutes.

8.3.4 Survival of Provisions: Notwithstanding the termination of this Agreement, the following sections shall survive: Section 6 (Intellectual Property), Section 9 (Disclaimers), Section 10 (Limitation of Liability), Section 11 (Data Handling), Section 12 (Indemnification), and Section 16 (Governing Law and Dispute Resolution).

8.4 Termination for Technical or Business Necessity

The Company reserves the right to terminate the App or suspend access to all users in connection with a business decision, merger, restructuring, dissolution, regulatory requirement, or technical issue that, in the Company’s sole discretion, makes continued provision of the App infeasible or unreasonably burdensome. In such cases, the Company will endeavor to provide reasonable notice and, where possible, a pro-rata refund for any prepaid subscription amount.

9. LIMITATION OF LIABILITY

9.1 Disclaimer of Warranties
The Application (“App”) and all associated content, features, functionality, services, and materials provided through the App are offered strictly on an “as is,” “as available,” and “with all faults” basis. To the maximum extent permitted under applicable law, Rabbit Hole, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, licensors, service providers, and partners (collectively, the “Company Parties”) expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, title, accuracy, availability, reliability, quiet enjoyment, non-infringement, or arising out of course of dealing, usage, or trade.

Without limiting the foregoing, the Company Parties do not warrant that:

• (a) the App will be uninterrupted, timely, secure, or error-free;
  
  
• (b) any defects or errors will be corrected;
  
  
• (c) the App or the servers that make it available are free of viruses or other harmful components;
  
  
• (d) the App will meet your expectations or requirements;
  
  
• (e) any user content will be preserved or disclosed according to your expectations or without loss or damage.
  
  

9.2 Limitation of Liability
To the fullest extent permitted by law, under no circumstances shall the Company Parties be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, special, punitive, or enhanced damages (including, but not limited to, damages for loss of profits, revenue, business opportunities, data, use, goodwill, reputation, or other intangible losses), even if the Company Parties have been advised of the possibility of such damages, arising out of or in connection with:

• (a) your access to, use of, inability to access or use, or reliance on the App;
  
  
• (b) unauthorized access to or alteration of your transmissions, data, or content;
  
  
• (c) any conduct or content of any third party on the App;
  
  
• (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App;
  
  
• (e) any suspension, discontinuation, or termination of the App or any portion thereof.
  
  

9.3 Aggregate Cap on Liability
To the maximum extent permitted by applicable law, the total cumulative liability of the Company Parties to you for all claims, liabilities, damages, losses, and causes of action of any kind, whether in contract, tort (including negligence), warranty, or otherwise, shall in no event exceed the greater of:

• (i) the total amount paid by you, if any, to the Company within the twelve (12) month period immediately preceding the event giving rise to the claim; or
  
  
• (ii) fifty U.S. dollars (USD $50.00).
  
  

9.4 State Law Limitations
Some jurisdictions do not allow the exclusion or limitation 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. In such cases, the liability of the Company Parties shall be limited to the fullest extent permitted under the applicable law.

9.5 Essential Purpose
You acknowledge and agree that the limitations of liability set forth in this Section are fundamental elements of the agreement between you and the Company and that the App would not be provided to you absent such limitations.

10. INDEMNITY

10.1 Indemnification Obligation.
You (“User”) agree to indemnify, defend, and hold harmless Rabbit Hole, Inc., including its officers, directors, shareholders, licensors, affiliates, subsidiaries, employees, agents, successors, and assigns (collectively, the “Indemnified Parties”) from and against any and all third-party claims, demands, causes of action, losses, liabilities, judgments, fines, penalties, damages (actual, consequential, or statutory), settlements, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expert witness fees) (“Claims”) arising out of or related to:

a. your access to, use, or alleged misuse of the App, Services, or any Licensed Materials;
b. your breach or alleged breach of this Agreement, including but not limited to any violation of the Acceptable Use Policy or community guidelines;
c. your violation of any applicable local, state, federal, or international law, regulation, or ordinance;
d. your User Content or any other content or data submitted through your account, including allegations that such content infringes, misappropriates, or otherwise violates any Intellectual Property Right, privacy right, publicity right, or other proprietary or personal right of any third party;
e. any transaction or interaction between you and any other User or third party that occurs via the App or is facilitated by the Services, including disputes, misconduct, or damages arising therefrom;
f. your failure to secure or maintain the confidentiality of your account credentials or any activity under your account whether authorized or unauthorized.

10.2 Indemnification Procedures.
The Indemnified Parties shall promptly notify you in writing of any Claim for which indemnity is sought, provided that failure to do so shall not relieve you of your obligations hereunder except to the extent that you are materially prejudiced thereby. You shall, at your sole cost and expense, assume the defense of the Claim through legal counsel reasonably acceptable to the Indemnified Parties. The Indemnified Parties shall have the right, at their own expense, to participate in such defense with counsel of their own choosing. You shall not settle any Claim without the prior written consent of the Indemnified Parties, which shall not be unreasonably withheld, conditioned, or delayed, unless the settlement includes a full and unconditional release of all Claims and imposes no obligations or admissions on the Indemnified Parties.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law.
This Agreement, and any dispute, claim, or controversy arising out of or related to it, its interpretation, enforcement, performance, or the breach thereof, shall be governed in all respects by, and construed in accordance with, the internal laws of the State of Arizona, United States of America, without regard to any principles of conflicts of law that would result in the application of the laws of another jurisdiction.

11.2 Venue and Forum Selection.
Subject to the arbitration requirements set forth herein, the parties agree that the exclusive venue and jurisdiction for any legal action permitted under this Agreement shall be the state or federal courts located in Maricopa County, Arizona, and the parties irrevocably consent to the personal jurisdiction and venue of such courts. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

11.3 Mandatory Binding Arbitration.
Any dispute, controversy, or claim arising out of or relating to this Agreement, including the breach, termination, enforcement, interpretation, or validity thereof, or the use of the App or the Services (collectively, “Disputes”), shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement.

a. Location and Language. The arbitration shall take place in Maricopa County, Arizona, and shall be conducted in English.
b. Arbitrator Authority. The arbitrator shall have exclusive authority to resolve all Disputes, including disputes relating to the interpretation, applicability, enforceability, or formation of this Agreement, including any claim that all or any part of this Agreement is void or voidable.
c. Confidentiality. The arbitration proceedings, including all filings, evidence, and awards, shall be maintained as strictly confidential, except as may be required by law.
d. Costs and Fees. The prevailing party in any arbitration may be awarded its reasonable attorneys’ fees and costs, including arbitration fees, in the discretion of the arbitrator.

11.4 Class Action Waiver.
To the fullest extent permitted by applicable law, you and Rabbit Hole agree that all Disputes shall be resolved on an individual basis only and not in a class, collective, consolidated, or representative action. You expressly waive any right to participate in or bring a class action, class arbitration, or any other representative proceeding against Rabbit Hole or its affiliates.

11.5 Injunctive and Equitable Relief.
Notwithstanding anything to the contrary in this Section, either party may seek temporary or permanent injunctive or equitable relief in a court of competent jurisdiction to prevent or enjoin the actual or threatened infringement, misappropriation, or violation of its Intellectual Property Rights or confidential information, without first submitting the Dispute to arbitration.

11.6 Time Limitation to Raise Disputes.
Any Dispute or claim you may have arising out of or related to this Agreement or the use of the App must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

12. CHANGES TO THESE TERMS

12.1 Right to Modify.
Rabbit Hole LLC (“Company,” “we,” “us,” or “our”) reserves the right, in its sole and absolute discretion, to amend, modify, revise, or replace these Terms of Service (the “Terms”) at any time and for any reason, including but not limited to changes in applicable laws, regulations, operational practices, or business needs.

12.2 Notice of Amendments.
We will provide notice of any material changes to these Terms by one or more of the following methods:
(a) updating the "Last Updated" date at the beginning of these Terms;
(b) displaying a prominent notice within the App or on the Website;
(c) sending an email notification to the email address associated with your user account; or
(d) by other means reasonably designed to give you notice.
It is your sole responsibility to ensure that your contact information remains current and accurate.

12.3 Effective Date of Modifications.
Unless otherwise specified, all modifications shall become effective immediately upon posting or upon such later date specified in the notice. Your continued access to or use of the App or Services after the effective date of the revised Terms shall constitute your acknowledgment and binding acceptance of such modifications.

12.4 Binding Nature of Changes.
If you do not agree to the revised Terms, your sole and exclusive remedy is to discontinue your use of the App and terminate your account, if applicable. You understand and agree that you are deemed to have accepted the modified Terms by continuing to use the App after the new Terms become effective, and that such continued use constitutes a legally binding agreement to the updated Terms.

12.5 No Retroactive Effect.
Unless otherwise required by applicable law or expressly stated in the modified Terms, any revisions shall apply prospectively and shall not alter the legal rights or obligations of the parties with respect to actions occurring prior to the effective date of the modifications.

13. CONTACT INFORMATION

For questions or concerns, contact:
Email: [email protected]
Mailing Address: [Insert Legal Address]

14. MISCELLANEOUS

14.1 Entire Agreement.
These Terms of Service, together with our [Privacy Policy], any supplemental policies, additional agreements expressly incorporated herein by reference (including any applicable subscription or licensing agreements), and any other legal notices published by Rabbit Hole LLC (collectively, the “Agreement”), constitute the entire and exclusive agreement between you and Rabbit Hole LLC with respect to the subject matter herein, and supersede all prior or contemporaneous understandings, communications, representations, warranties, and agreements, whether oral or written, between the parties relating to such subject matter. You acknowledge that you have not relied on any representation, promise, or statement not expressly set forth in this Agreement.

14.2 Severability.
If any provision, section, or sub-section of this Agreement is held to be unlawful, invalid, void, or unenforceable by a court of competent jurisdiction, then such provision shall be severed from this Agreement, and such ruling shall not affect the validity or enforceability of the remaining provisions. To the extent permitted by applicable law, the parties agree that any unenforceable provision shall be deemed modified to the extent necessary to render it valid and enforceable, preserving to the maximum extent permissible the original intent of the parties.

14.3 No Waiver.
No failure or delay by Rabbit Hole LLC in exercising any right, remedy, power, or privilege under this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right or remedy. Any waiver must be in writing and executed by an authorized representative of Rabbit Hole LLC to be effective.

14.4 Assignment.
You may not assign, delegate, or transfer your rights or obligations under this Agreement without the prior written consent of Rabbit Hole LLC, and any attempted assignment in violation of this provision shall be null and void. Rabbit Hole LLC may freely assign or transfer its rights and obligations under this Agreement without restriction, including in connection with a merger, acquisition, sale of assets, or by operation of law.

14.5 Force Majeure.
Rabbit Hole LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, pandemics, labor disputes, civil or military authorities, governmental actions, terrorism, embargoes, war, strikes, power or Internet outages, or shortages of materials or transportation.

14.6 Survival.
All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity obligations, limitations of liability, and dispute resolution provisions.

14.7 Interpretation.
The headings used in this Agreement are for convenience only and shall not affect the meaning or interpretation of any provision. The terms “including,” “include,” and variations thereof shall be deemed to be followed by the phrase “without limitation” unless expressly stated otherwise. This Agreement shall be construed fairly and not strictly for or against either party, regardless of who drafted it.

Last Updated: [Insert Date]