Terms of Service

Last revised on June 29, 2023

The following Terms of Service (the “Terms”) apply to your access and use of ButterApps LLC’s (“Company”, “we”, “our”, or “us”) websites, applications, and other online services, including but not limited to the Lifa App website (https://lifaapp.com/) and Lifa App mobile application (collectively, the “Lifa App”) and other content, features, and services made available therein by Company (collectively with the Lifa App, the “Services”). Certain features of the Services may be subject to additional guidelines, policies, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, policies, guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND USE THE SERVICES. IF YOU ARE UNDER 18 OR OTHER APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION OR OTHERWISE DO NOT HAVE THE AUTHORIY TO ENTER INTO AGREEMENTS SUCH AS THESE TERMS, YOU REPRESENT AND WARRANTY THAT YOU ARE NOT UNDER THE AGE OF 13 AND THAT YOUR LEGAL GUARDIAN OR A HOLDER OF PARENTAL RESPONSIBILITY HAS REVIEWED AND AGREED TO THESE TERMS AND HAS GIVEN YOU PERSMISSION TO ACCESS AND USE THE SERVICES. IF YOU DO NOT OR, AS APPLICABLE, YOUR LEGAL GUARANDIAN OR HOLDER OF PARENTAL RESPONSIBILITY DOES NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 11.3 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER THINGS, SECTION 11.3 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 11.3 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 11.3 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS:

(1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

1. ACCOUNTS AND ADD-ON FEATURES

1.1. Account Creation. In order to have access to and use certain features and functionalities of the Services, you must register for either a Basic Account (defined below) or a Premium Account (defined below) (each also referred to as an “Account”) and provide certain information about yourself as prompted by the account registration form such as name and email address. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you will not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person or allow another person to access your Account without our approval. You may delete your Account at any time, for any reason, by following the instructions in the Services. Company may suspend or terminate your Account in accordance with Section 9.

(a) Basic Account. A “Basic Account” means the account you create to access and use the Services that has access to all the then-current basic features of the Lifa App which are offered to all Account-holder users regardless of Account type such as ability to sign-in and load your User Content (defined below) and any purchased AddOne Features (defined below) on multiple devices, to download your text based User Content at any time, and to engage in collaborative creation of User Content with other users. Basic Accounts are available at no cost to users.

(b) Premium Account. A “Premium Account” means the account you create to access and use the Services that has access to not only all the then-current basic features of the Lifa App which are offered to all Account-holder users regardless of Account type, but also the then-current premium features of the Lifa App (excluding Add-On Features (defined below) which are offered to users separately) offered to users who subscribe to premium access such as access to monthly messaging of up to five hundred (500) messages with the artificial intelligence chatbot incorporated within Lifa App (“ChatAI”). Premium Accounts are available for the Subscription Fee (defined below) as communicated to you at the time of your purchase.

1.2. Account Responsibilities.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

1.3. Add-On Features. Company may also offer to users from time-to-time certain additional premium features in its Services (“Add-On Features”) for a one-time payment communicated to you at the time of your purchase (“One-Time Payment”). By way of example, Add-On Features include Lifa App’s Fame Phone feature (including features such as alternative reality social media profiles) and Lifa App’s Hero/Villain reality feature (including but not limited to additional features such as weapons, missions, combat skills, costumes, and team).

2. ACCESS TO AND RIGHT TO USE THE SERVICES

2.1. License. Subject to these Terms, Company grants you a non-transferable, nonexclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use.

2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms. All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

2.3. Modification. Company reserves the right, at any time and for any reason, to change, modify, update, interrupt, suspend, or discontinue the Services (in whole or in part) with or without notice to you. This may result in content or features in the Services being added, removed, or modified. You agree that Company will not be liable to you or to any third party for any change, modification, update, interruption, suspension, or discontinuation of the Services or any part thereof.

2.4. No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Services.

2.5. Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and their content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to or use of the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not expressly granted in these Terms. There are no implied licenses granted under these Terms.

2.6. Additional Terms for Apple and Android Devices. The following terms apply when you access the Service through either the Apple App Store or Google Play (each an “App Distributor”):

(a) these Terms are concluded between you and Company, not with either App Distributor, and Company (not either App Distributor) is solely responsible for the Services.

(b) the license granted to you for our Services is limited to a non-transferable license to use the Services on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;

(c) we are responsible for providing any maintenance and support services with respect to the Services as specified in the terms and conditions contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the Services;

(d) in the event of any failure of the Services to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Services, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the Services;

(e) the applicable App Distributor is not responsible for addressing any claims you have or any claims of any third party relating to the Services or your possession and use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;

(f) in the event of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights, we will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Terms;

(g) you represent and warrant that (a) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties;

(h) you must comply with applicable third-party terms of agreement when using the Services; and

(i) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in these Terms against you as a third-party beneficiary thereof.

2.7. Access to the Services from Outside the United States. Using the Services may be prohibited or restricted in certain countries. If you use the Services from outside of the United States, you are fully responsible for complying with the laws and regulations of the territory from which you access or use the Services.

2.8. Privacy. In addition, when using or accessing the Services, you shall be subject to our Privacy Policy. Please review our Privacy Policy at https://lifaapp.com/privacy/.

3. PURCHASES IN THE SERVICES

3.1. General.

Whenever you purchase a subscription for a Premium Account (“Subscription”) and/or purchase an Add-On Feature (each, a “Transaction”), you expressly authorize us (or our third-party payment processor, which may be the applicable app store like the Apple App Store or Google Play) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the amount and type of Transaction you have selected (plus all applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

3.2. Subscriptions. If you purchase a Subscription, you will be charged the subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each subscription period thereafter (the period of which is communicated to you at the time of your purchase of the subscription), at the then-current Subscription Fee. If you purchase a Subscription, unless you cancel your Subscription before the end of your current subscription period, your Subscription will automatically renew, and we (or our third-party payment processor) will automatically charge you on the commencement of each renewed subscription period, using the Payment Information you have provided. Your Subscription will continue to automatically renew until you cancel your Subscription. By agreeing to this Agreement and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or Company. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or the Subscription in accordance with this Agreement.

3.3. Cancelling One-Time Payment or Subscription. YOUR PURCHASE OF AN AD-ON FEATURE AND/OR A SUBSCRIPTION IS FINAL AND NONREFUNDABLE AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF ANY ONE-TIME PAYMENT OR SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason. If we cancel your Transaction, we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but please note that such cancellation will only be effective at the end of the then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF ANY SUBSCRIPTION FEE PAID FOR ANY SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. You may cancel your subscription via the functionality of the applicable app store or in the Services. If you cancel, your right to use the Subscription features of the Services will continue until the end of your then current subscription period and will then terminate without further charges.

4. USER CONTENT

4.1. User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings such as, by way of example only, messages with and to the ChatAI feature and any realities, characters, clones, stories, scripts, scenarios, diaries, appearances, wardrobes and outfits, belongings, or wallets created by users in the Services, including in Add-On Features). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

4.2. License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, fully transferable and sub-licensable, worldwide right and license to reproduce, copy, adapt, modify, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use, commercialize, and exploit your User Content, and to grant sublicenses of the foregoing rights, for any purpose whatsoever including, without limitation, use in or for the Services and for advertising, marketing, or any other non-commercial or commercial purpose in any manner or media format whatsoever without any further notice or compensation to you of any kind. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights of paternity, publication, reputation, or attribution with respect to your User Content, including but not limited to Company’s (including its licensees, successors, and assigns) and other users’ use and enjoyment of your User Content in connection with the Services and related goods and services. The foregoing grant of license to Company and waiver of any applicable moral rights survives any termination of these Terms.

4.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to use the Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, degrading, intimidating, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes illegal or harmful activities or substances, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services; (vii) use the Services for any commercial, revenue generating endeavor, or competitive purposes, including to create any product or service that competes with, or is designed to compete with, any of Company’s products or services; (vii) use the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms; (viii) violate any applicable laws, rules, or regulations in connection with your access or use of the Services; (ix) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us; or (x) make the functionality of the Services available to multiple users through any means.

4.4. Enforcement. We reserve the right (but have no obligation) to review, refuse, screen, edit, and/or remove any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your rights to access and use the Services (including terminating your Account, Subscription, and/or Add-On Features as applicable) in accordance with Section 9, and/or reporting you to law enforcement authorities.

4.5. Feedback. If you provide Company with any feedback, ideas, thoughts, or suggestions regarding the Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and nonproprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

5. INDEMNIFICATION.

You agree to indemnify and hold Company (and its affiliates, officers, directors, employees, contractors, suppliers, agents, and other representatives) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your access to or use of the Services, (b) your violation of these Terms or the Privacy Policy, (c) your violation of applicable laws or regulations or (d) your User Content. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

6. THIRD-PARTY LINKS & ADS; OTHER USERS

6.1. Third-Party Links & Ads. The Services may contain access or links to thirdparty websites, products, and/or services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads, including but not limited to not being liable for any losses or harmed caused by such third parties or any charges you incur in relation to such third parties. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you access or click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any use or transaction in connection with such Third-Party Links & Ads.

6.2. Other Users. Users of the Services are able to upload to the Services and, solely for non-commercial purposes, voluntarily share with other users certain forms of their User Content (including but not limited to realities, characters, clones, stories, scripts, scenarios, diaries, locations, appearances, wardrobes and outfits, belongings, or wallets created by such user) and collaborate with other users in the creation of certain forms of User Content such as realities, characters, clones, stories, scripts, scenarios, diaries, locations, appearances, wardrobes and outfits, belongings, and wallets. Each user of the Services is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the availability, accuracy, currency, suitability, or quality of any User Content and your use of and reliance on any User Content is at your own risk. Your interactions with other users of the Services are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions or use of User Content. If there is a dispute between you and any other user of the Services, we are under no obligation to become involved.

6.3. Release. You hereby release and forever discharge the Company (and our affiliates, officers, directors, employees, contractors, suppliers, agents, other representatives successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other users or any Third-Party Links & Ads).

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR REALEASED PARTY.”

7. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR S TAT U T O RY, I N C L U D I N G A L L WA R R A N T I E S O R C O N D I T I O N S O F MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)

MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. TERM AND TERMINATION.

Subject to this Section, these Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to access and use the Services (including your Account, Subscription, and/or Add-On Features, as applicable) at any time for any reason at our sole discretion, including for any use of the Services in violation of these Terms. You may terminate this Agreement at any time by deleting all copies of the Services (including the Lifa App) from your devices and, if you have an Account, deleting your Account by sending an email to us at admin@lifaapp.com or via the functionality in the Services; deleting your Account and all copies of the Services from your devices is your sole method of terminating this Agreement. Upon termination of your rights under these Terms, your right to access and use the Services and your Account, Subscription and/or Add-On Features, as applicable, will terminate immediately and you will not be entitled to any refund of Subscription Fees or One-Time Payments. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account, Subscription, or Add-On Features or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will survive and remain in effect: Sections 2.2 through 2.6, Section 4, and Sections 5 through 11.

10. COPYRIGHT POLICY.

Company respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent: 1. your physical or electronic signature; 2. identification of the copyrighted work(s) that you claim to have been infringed; 3. identification of the material on our services that you claim is infringing and that you request us to remove; 4. sufficient information to permit us to locate such material; 5. your address, telephone number, and e-mail address; 6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and 7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

11. GENERAL

11.1. Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

11.2. Applicable Law. You agree that the laws of the state of California and applicable federal laws, without regard to conflicts of laws provisions, will govern these Terms and any dispute that may arise between you and Company.

11.3. Dispute Resolution. Please read the following arbitration agreement in this Section 11.3 (the “Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Company, its parent companies, subsidiaries, affiliates, successors and assigns and all of their respective officers, directors, employees, agents, and representatives (collectively, the “Company Parties”) and limits the manner in which you can seek relief from the Company Parties.

(a) Applicability of Arbitration Agreement. You agree that any past or present dispute, claim or controversy between you and any of the Company Parties relating in any way to the Services, any communications you receive, any product or service provided by the Company, or these Terms (collectively, “Disputes”) will be resolved by final and binding arbitration, rather than in court, except as otherwise explicitly set out in this Arbitration Agreement such as that (1) you and the Company Parties may assert individualized claims in small claims court if the claims qualify, remain in such court and advance solely on an individual, non-class basis; and (2) you or the Company Parties may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall survive the expiration or termination of these Terms and shall apply, without limitation, to all claims that arose or were asserted before you agreed to these Terms (in accordance with the preamble) or any prior version of these Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Dispute, and the requested relief. A Notice to the Company should be sent via email to admin@lifaapp.com and via mail to ButterApps LLC, 1240 S Harvard Blvd., Los Angeles, CA 90006. After the Notice is received, you and the Company may attempt to resolve the Dispute informally. If you and the Company do not resolve the Dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. Any statute of limitations will be tolled during the thirty (30) day resolution process. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms.

The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any Disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding nonappearance-based arbitration, at the option of the party seeking relief. For Disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Unless the parties agree otherwise, any hearing will be held in Los Angeles or, upon your request, in the city closest to your location where AAA maintains an office. If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Unless otherwise agreed to, all arbitration proceedings shall be held in English. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and agreed that payment of all filing, administration and arbitrator fees for the ADR Provider will be governed by the Arbitration Rules.

(d) Additional Rules for Non-Appearance Based Arbitration. If nonappearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the Arbitration Rules for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will have exclusive authority to decide all issues relating to the formation, interpretation, applicability, enforceability, and scope of this Arbitration Agreement and to decide the rights and liabilities, if any, of you and the Company Parties, and the Dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any nonmonetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which any award (or decision not to render an award) is based, including the calculation of any damages awarded. The arbitrator shall follow the applicable law. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company. Judgment on the arbitration award may be entered in any court having jurisdiction.

(g) Waiver of Jury Trial.

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Disputes shall be resolved exclusively by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company Parties in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the Dispute be resolved by a judge.

(h) Waiver of Class or Consolidated Actions.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

(m) Small Claims Court. Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of Company’s patent, copyright, trademark, trade secrets, or other intellectual property rights shall not be subject to this Arbitration Agreement.

(p) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state and federal courts located within Los Angeles County, California, for such purpose.

(q) Opt-Out. You will retain the right to opt out of arbitration entirely and litigate any Dispute if you provide us with written notice of your desire to do so via email to admin@lifaapp.com or via mail to ButterApps LLC, 1240 S Harvard Blvd., Los Angeles, CA 90006 within thirty (30) days following the date you first become subject to this Arbitration Agreement. Your written notice must include your name, mailing address, email address, and a clear statement that you want to opt out of this Arbitration Agreement. If you do not opt-out of this arbitration agreement within the thirty (30) day period, you and Company shall be bound by the terms of this Arbitration Agreement in full. If you opt-out of this Arbitration Agreement within the thirty (30) day period, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have with us, or

(r) Changes. Notwithstanding any provision in these Terms to the contrary, we agree that if Company makes any future material change to this Arbitration Agreement, you may reject that change within 30 days of such change becoming effective by writing Company via email to admin@lifaapp.com or via mail to ButterApps LLC, 1240 S Harvard Blvd., Los Angeles, CA 90006. Unless you reject the change within 30 days of such change becoming effective by writing to Company in accordance with the foregoing, your continued use of the Services following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of these Terms and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any product or service provided by the Company, the Services, or these Terms, the provisions of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms) remain in full force and effect. Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of these Terms.

11.4. Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

11.5. Electronic Communications. The communications between you and Company use electronic means, whether you use the Services or send us emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.

11.6. Entire Terms. These Terms (including any guidelines, policies, terms, or rules posted by us on the Services) constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other and there is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms or use of the Services. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms and any or all of our rights and obligations under these Terms to others at any time. The terms and conditions set forth in these Terms shall be binding upon assignees. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

11.7. Copyright/Trademark Information. Copyright © 2023 ButterApps LLC All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

11.8. Contact Information. If you discover any violation of the Terms by others, or you have any questions about the Services or these Terms, please contact us at: ButterApps LLC 1240 S Harvard Blvd.

Los Angeles, CA 90006 Telephone: (510) 676-8998 Email: admin@lifaapp.com