Welcome, and thank you for your interest in Unbounded Studio. ("Unbounded Studio," "we," "our," or "us") and our website at unboundedstudio.com, along with our related websites, networks, applications, mobile applications, and other services provided by us, including, Wallet OS and all successor versions or products (each as defined below, and collectively, the "Service"). These Terms of Service are a legally binding contract between you and Unbounded Studio regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING UNBOUNDED STUDIO'S PRIVACY POLICY (TOGETHER, THESE "TERMS"). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND UNBOUNDED STUDIO'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY UNBOUNDED STUDIO AND BY YOU TO BE BOUND BY THESE TERMS.
Arbitration NOTICE. Except for certain kinds of disputes described in Section 20 (Dispute Resolution and Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND UNBOUNDED STUDIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
To access the Service, you must register for an account. You may register using your Google account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us either by contacting customer service at contact@unboundedstudio.com.
Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided on the Unbounded Studio website and, except as expressly provided by applicable law, are non-refundable, except required by law.
2.1. Price. Unbounded Studio reserves the right to determine pricing for the Service. All prices are shown on the Pricing Page inside the app. Any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities are calculated during the check-out based on your location. Unbounded Studio may change the price of any feature of the Service; if this occurs, Unbounded Studio will provide you advance notice of the changes before they apply. Unbounded Studio, at its sole discretion, may make promotional offers with different features and different pricing to any of Unbounded Studio's customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
2.2. Authorization. You authorize Unbounded Studio and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Unbounded Studio, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Unbounded Studio or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
2.3. Subscription Service. The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Unbounded Studio or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., monthly billing periods will be billed on the same day each month). The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Unbounded Studio or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information).
2.4. Delinquent Accounts. Unbounded Studio may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
3.1. General. Users may sign up for an account for the various Unbounded Studio Service products described below via the Unbounded Studio website or mobile application, as applicable. These Terms apply to all products that are a part of the Service.
3.2. Wallet OS Pro. You may choose to sign up for the free version of Wallet OS or the paid subscription version of Wallet OS ("Wallet OS Pro"), which automatically renews at the end of your billing period consistent with the terms of Section 2.3 (Subscription Service). Unbounded Studio does not represent or guarantee when, if ever, Wallet OS Pro features will be available in the free version of Wallet OS. You can upgrade from the free version of Wallet OS to Wallet OS Pro at any time.
4.1. Third-Party Services and Linked Websites. Unbounded Studio may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Unbounded Studio with an account on the third-party service. By using one of these tools, you agree that Unbounded Studio may transfer that information to the applicable third-party service. Third-party services are not under Unbounded Studio's control, and, to the fullest extent permitted by law, Unbounded Studio is not responsible for any third-party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Unbounded Studio's control, and Unbounded Studio is not responsible for their content.
4.2. Third Party Software. The Service may include or incorporate third party software components, integrations, or extensions that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
5.1. Push Notifications. When you install our app on your mobile device, you may choose to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. In addition to the foregoing push notifications, you may receive notifications on your other computer hardware device (e.g., laptop, desktop, or tablet). You can turn notifications on or off by visiting your the device's "settings" page.
BY USING THE SERVICE YOU AGREE NOT TO:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
(c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right or using or disclosing the confidential information of any third party without permission;
(d) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, including controls or restrictions implemented by Administrators; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
(e) interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
(f) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 7) or any right or ability to view, access, or use any Materials; or
(g) attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
8.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 8.2 (Termination).
8.2. Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Unbounded Studio may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at contact@unboundedstudio.com(depending on which Service you are using). If you or the Administrator loses access to an account or otherwise request information about an account, we reserve the right to request from you or that Administrator (as the case may be) any verification we deem necessary before restoring access to or providing information about that account. If the Administrator of a Workspace terminates their account, then all Workspace Authorized Users of that Workspace will no longer have access to that Workspace, which includes any User Content contained that Workspace. Subject to the setting designated for the particular Workspace, it is your sole responsibility to export or save any User Content that is contained in a Workspace. Unbounded Studio is under no obligation to maintain or provide any User Content that was contained in a Workspace after termination.
8.3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Unbounded Studio all payment obligations that accrued prior to termination (all prepaid fees for the Service are non-refundable and non-cancellable); and (d) the following Sections: 8.3 (Effect of Termination), 9 (Modification of the Service), 10 (Indemnity), 11 (Disclaimers; No Warranties) and 12 (Limitation of Liability) will survive.
Unbounded Studio reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Unbounded Studio will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Unbounded Studio and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Unbounded Studio Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature or content of data processed by the Service; (e) User Content that violates federal, state, or local employment discrimination or harassment laws; (f) your use of the Service in violation of your obligations under any agreement between you and a third party, including, but not limited to, the maintenance and protection of third-party confidential information and trade secrets; or (g) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. Unbounded Studio DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Unbounded Studio DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND Unbounded Studio DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR Unbounded Studio ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE Unbounded Studio ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING ANY DISCLAIMER IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM (A) THE SERVICE; (B) THE ACTIONS OR INACTIONS OF THE TEAMS AUTHORIZED USERS THAT YOU INVITE TO YOUR WORKSPACE; (C) YOUR ABILITY OR INABILTITY TO ACCESS, EXPORT, TRANSFER, RETRIEVE, OR REMOVE ANY USER CONTENT FROM ANY WORKSPACE; (C) THE PROCESSING OR USE OF YOUR USER CONTENT BY AN ORGANIZATION; AND (D) YOUR DEALING WITH ANY OTHER SERVICE USER, ADMINISTRATOR, OR ORGANIZATION. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Unbounded Studio does not disclaim any warranty or other right that Unbounded Studio is prohibited from disclaiming under applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE Unbounded Studio ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY Unbounded Studio ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE. EXCEPT AS PROVIDED IN THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE Unbounded Studio ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO Unbounded Studio FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.