Terms of Service

These Terms of Service ("Terms") govern your use of the websites, applications, and services operated by Shibby Ventures LLC ("we," "us," or "our") that link to these Terms (collectively, the "Services"). By downloading, installing, accessing, or using any of the Services, you agree to these Terms. If you do not agree, do not use the Services.

PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 9) THAT AFFECT YOUR LEGAL RIGHTS.

1. Acceptance and eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, and able to form a binding contract, to use the Services. By using them, you represent that you meet these requirements and that you will comply with these Terms and all applicable laws.

2. License

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your own lawful use. We reserve all rights not expressly granted. You may not copy, modify, reverse engineer (except to the extent this restriction is prohibited by applicable law), distribute, sell, or create derivative works from the Services except as expressly permitted.

3. Acceptable use

You are solely and entirely responsible for ensuring that your use of the Services is lawful in your jurisdiction and in any location where you use them. You acknowledge and agree that:

• It is your obligation to understand and comply with all laws and regulations applicable to your use of the Services, including any consent, notice, licensing, or authorization requirements.
• You will not use the Services to harass, stalk, surveil, or intercept the communications of any person without lawful authority; to gain unauthorized access to any device, system, or network; or for any unlawful, harmful, or fraudulent purpose.
• You will not use the Services in any manner that interferes with, damages, or disrupts any device, network, or service, and you will not submit content that is unlawful, infringing, or abusive.
• You assume all risk and all responsibility arising from your use of the Services, including any consequences of data you capture, store, export, or act upon.

We provide the Services as neutral tools for lawful research, diagnostic, educational, and personal use only, and we do not endorse or encourage any unlawful use.

4. No warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, ACCURATE, COMPLETE, OR SECURE. YOU USE THE SERVICES AT YOUR OWN RISK.

5. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHIBBY VENTURES LLC OR ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF (OR INABILITY TO USE) THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US, IF ANY, FOR THE RELEVANT SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

6. Indemnification

You agree to indemnify, defend, and hold harmless Shibby Ventures LLC and its owners, members, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) your violation of these Terms; (c) your violation of any law or the rights of any third party; or (d) any data or content you submit, capture, store, export, or act upon using the Services.

7. Intellectual property

The Services and all related content, trademarks, logos, and software (excluding data or content you provide) are owned by or licensed to Shibby Ventures LLC and are protected by intellectual property laws. These Terms do not transfer any ownership rights to you.

8. Third-party devices, platforms, and services

The Services may interact with, or be distributed through, third-party devices, platforms, and services that we do not own or control and that are subject to their own terms. We are not responsible for those third parties or for your interactions with them.

9. Binding arbitration and class action waiver

Please read this section carefully — it affects how disputes are resolved.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies, and either party may seek injunctive or equitable relief in court to protect its intellectual property.

The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules, will take place in the State of Michigan (or by remote/written proceeding where available), and will be conducted in English before a single arbitrator. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration agreement.

Class action waiver: You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of a representative or class proceeding.

30-day right to opt out: You may opt out of this arbitration provision by sending written notice to [email protected] within 30 days of first accepting these Terms, stating your name and your intent to opt out. Opting out will not affect any other provision of these Terms.

10. Governing law and venue

These Terms and any dispute arising out of or relating to them are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. To the extent any dispute is not subject to arbitration, you agree that it will be brought exclusively in the state or federal courts located in Michigan, and you consent to the personal jurisdiction of those courts.

11. Changes to the Services and to these Terms

We may modify, suspend, or discontinue any of the Services, in whole or in part, at any time. We may also update these Terms from time to time; when we do, we will revise the "Effective" date above. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

12. General

If any provision of these Terms is found unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force. Our failure to enforce any provision is not a waiver of it. These Terms constitute the entire agreement between you and us regarding the Services and supersede any prior agreements.

13. Contact

Questions about these Terms can be sent through the contact form or to [email protected].