DaddyGPS Terms of Service and End User License Agreement

Version: 1 · Effective: [Month day, year] · Last updated: [Month year]

Who we are: Gold Star Labs LLC, a Utah limited liability company, 7533 S Center View Ct, Ste R, West Jordan, UT 84084, United States ("we", "us", "our"). Phone: (801) 801-1807. Email: info@goldstarlabs.app. Questions, complaints and claims about the app go to these contacts.

1. Agreeing to these Terms

1.1 These Terms of Service and End User License Agreement (the "Terms") are a contract between you and us about the DaddyGPS app for iPhone and Android (the "App") and the servers it talks to (together, the "Service").

1.2 How you agree. When you first open the App, it asks you to confirm you are 18 or older and to agree to these Terms. By tapping "I'm 18 or older and agree", you agree to these Terms and confirm you have read our Privacy Policy (https://goldstarlabs.app/daddygps/privacy/). If you don't agree, don't tap it, and don't use the App. You can read these Terms at any time at https://goldstarlabs.app/daddygps/terms/ and in the App under Settings › About › Terms.

1.3 Our Privacy Policy explains what data the Service handles. It is a separate document; it is not part of these Terms, except where these Terms refer to it.

2. Who may use DaddyGPS

2.1 Adults only. You must be at least 18 years old. The App's voice persona has mature, suggestive themes. It is never sexually explicit. If an app store tells the App that your account belongs to someone under 18, the App won't run.

2.2 United States. The Service is offered in the United States, for use in the United States. Directions and data cover the United States only.

2.3 Legal compliance. You represent and warrant that (i) you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country or region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

3. Your license to use the App

3.1 License. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to install and use the App, for your personal, non-commercial use, on devices you own or control.

• iPhone: on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Other accounts associated with the purchaser may access, acquire and use the App through Family Sharing, volume purchasing or Legacy Contacts, as those rules allow.
• Android: as permitted by the Google Play Terms of Service.

3.2 What you may not do. Except where a law, or an open license described in 3.3, lets you:

1. copy, modify, sell, rent, lend, sublicense or distribute the App;
2. decompile, reverse engineer or disassemble the App, or try to derive its source code, except to the extent applicable law expressly permits this despite this restriction;
3. extract, copy, record or export the App's built-in voice audio (the persona's clips, alone or in bulk), or use it, or anything derived from it, outside the App;
4. use the App's voice audio, text or other content to train, fine-tune, test or evaluate any machine-learning or AI model, or to create a synthetic voice, voice clone or voice model;
5. use the Service through automated means (scripts, bots, scrapers), resell access to our servers, or send requests to our servers other than through an unmodified copy of the App;
6. get around rate limits, security, the age check, or the safety rules of live sharing (section 8);
7. use the Service to break any law, or to harm, harass, stalk or threaten anyone.

3.3 Open data and open-source software come first. Map data in the App, including offline map packs, comes from OpenStreetMap and other open data sources listed in the App under Data & licences. That data is licensed to you under its own license (for OpenStreetMap, the Open Database License 1.0, "ODbL"). Nothing in these Terms limits any right you have under ODbL, Creative Commons or any other open license that applies to data or software in the App. The same is true of open-source software components, which are listed in the App with their licenses. Where these Terms and such a license conflict, that license controls for that data or software.

3.4 Ownership. We and our licensors own the App, the persona's character, scripts and audio, our trademarks, and everything else in the Service that isn't yours or licensed under an open license. We grant no rights except those stated in these Terms.

4. Driving safety

4.1 Required notice.

YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

4.2 The road comes first. DaddyGPS gives directions and spoken remarks only. Road signs, traffic signals, police and other officials, and the actual conditions in front of you always take priority over the App. If the App and the road disagree, follow the road. Never follow an instruction, from the voice or the map, that would be unsafe, illegal, or against a sign or an official's direction.

4.3 You are the driver. You are responsible at all times for how you drive, for your vehicle and its passengers, and for obeying traffic laws, including laws on using a phone while driving. Use your own judgment.

4.4 Set it up before you drive. Enter your destination and choose your settings before you start moving. Mount your phone in a holder that doesn't block your view of the road. While the vehicle is moving, don't hold or operate the phone, except where the law allows (for example, in California, a single tap or swipe on a mounted phone). Let a passenger operate the App, or pull over somewhere safe.

4.5 What the App does not know.

• No live traffic. The App has no information about current traffic, crashes, closures, construction, police activity or weather. Arrival times are estimates based on the route and your own progress.
• Maps can be wrong or out of date. Roads, turn restrictions, one-way streets, addresses, places and their opening hours come from open data that anyone may edit, and from public records. They can be missing, wrong or out of date.
• Speed limits can be wrong or missing. The App shows speed limits only where its data has them. Limits marked "estimated" are our guess from the type of road, not a posted limit. The posted sign is the only limit that counts.
• Routes are for ordinary passenger cars. They don't account for vehicle height, width, weight, trailers, hazardous materials, commercial-vehicle rules, seasonal or private roads, ferries' schedules, or road surface. Don't use DaddyGPS to route a truck, bus, RV, or any vehicle with special restrictions.
• GPS can be inaccurate or lost, for example in tunnels, between tall buildings, or on a phone without a clear view of the sky.

4.6 Not for emergencies. Don't rely on DaddyGPS to find emergency services, to navigate in an emergency, or where a wrong or late direction could cause injury or damage. In an emergency, call 911.

4.7 The voice is a character. The persona speaks in a commanding, playful style. That is role-play. Its instructions are only about the route; the voice cannot see the road, other vehicles, people or hazards, and has no idea whether a maneuver is safe. Lines such as "carefully" or "when it's clear" are reminders, not an assessment. You can switch to a plain voice ("vanilla mode") at any time.

4.8 Car screens. When you use DaddyGPS on Android Auto or Apple CarPlay, these Terms still apply, along with the rules of your vehicle and of Google or Apple for those systems.

5. Driving remarks ("Chide me for speeding", smooth-driving praise, "phone down")

5.1 For fun, not for safety. Remarks about your speed, your braking or your phone are entertainment. They are not a safety system, a speed warning, a driving assessment or a monitoring service.

5.2 Silence means nothing. The App only speaks about speed when you are over a known limit by more than the margin you chose, for a few seconds, at most every few minutes, and not near a turn. It stays silent about speed where it has no limit data, where the limit is wrong, after hard braking, when another instruction is playing, and in many other cases. The App staying quiet does not mean you are driving within the limit, safely, or legally. The speeding margin you choose sets when the voice speaks up. It isn't a safe or legal speed.

5.3 "Phone down" reminders (off unless you turn them on) can't tell who is holding the phone, will speak when a passenger uses it, and will miss some handling. Don't rely on them.

5.4 Nothing about your driving is recorded. Driving remarks and the arrival summary are worked out on your phone during the drive and forgotten when it ends. The App does not record, score, store or send your speed, braking or phone handling to us or anyone else. If we ever wanted to change that, we would ask you first in the App (section 16).

6. The voice

6.1 AI-generated voice. The built-in persona voice is generated with artificial intelligence. It is a designed voice, not the voice of a real person. A plain voice (your phone's own text-to-speech) is available as vanilla mode.

6.2 No extraction or cloning. Section 3.2 items 3 and 4 apply to the voice: don't extract it, re-use it outside the App, clone it, or use it to train or test any AI model.

7. Voice packs and the recorder

7.1 What packs are. The App lets you record your own voice into a "voice pack" and send it to someone, and lets you import packs others send you. Packs go from phone to phone using your phone's own sharing tools (for example AirDrop or a messaging app). They never pass through our servers, and we don't see, store, review or host them.

7.2 Your content is yours. You keep all rights in the recordings you make. Because packs never reach us, you don't grant us any license to them.

7.3 Your responsibilities. You are solely responsible for every pack you make or send. You agree that each pack:

1. contains only your own voice, or the voice of someone who has agreed to be recorded and to have the recording shared, and never records anyone (in person or on a call) without the consent the law requires;
2. contains nothing sexually explicit, nothing involving or referring to a minor in a sexual or abusive way, and nothing that harasses, threatens, defames or impersonates anyone;
3. doesn't infringe anyone's copyright, voice or likeness rights, or other rights (for example, don't record copyrighted music or someone else's voice without permission);
4. is sent only to someone who wants it;
5. doesn't contain a synthetic, cloned or imitated voice of a real person, or claim to be someone it isn't, without that person's consent;
6. doesn't encourage speeding, using the phone while driving, ignoring traffic laws or any other unsafe driving.

7.4 Importing. Only import packs from people you know and trust. We don't check packs. A pack can't change how the App navigates, but it can contain any words the sender chose. If you receive a pack that is illegal or abusive, delete it in Settings › Voice, and contact the police if you are in danger.

7.5 Not while driving. The recorder doesn't work during navigation. Never record while driving.

7.6 Reporting a pack. To report a pack that breaks section 7.3, for example one that uses your voice or imitates you without your consent, email info@goldstarlabs.app with the subject "Pack report", or use Report this pack on the pack in Settings › Voice. Don't attach the pack's audio unless we ask. We read every report and reply within 3 business days. Packs never reach our servers, so we can't see or delete a pack on anyone's phone. We can explain how to delete and block it, end the license of someone who broke these Terms (section 17), and help you reach the police.

8. Live location sharing

8.1 How it works. If you pair with someone, you can choose to share your live position, route, arrival time and phone battery level with them while you navigate, for that drive or for every drive until you turn it off. While they have your drive open, the App shows you that they do. Sharing is end-to-end encrypted; our server passes it on without being able to read it. The Privacy Policy explains exactly what is shared and what our server, Apple and Google can see.

8.2 Consent rules. You agree:

1. Share only your own location, by your own choice. Turn on sharing only on your own phone, for yourself.
2. Never set up sharing on someone else's phone, and never pressure, trick or force anyone into sharing with you, pairing with you, or keeping sharing on.
3. View only with current consent. Look at someone's shared drives only while they currently agree to share with you. If they withdraw consent (including by separating from you, filing for divorce, or obtaining a protective order), remove the pairing at once. In several states, continuing to view someone's location after consent is withdrawn, or after a divorce filing or protective order, is a crime.
4. Don't use sharing to stalk, harass, threaten, monitor or control anyone, or to locate someone without their knowledge.
5. Don't try to hide the sharing indicator, defeat the safety rules, or make the App share without the driver's knowledge.
6. Don't copy or pass on what you see. Don't screenshot, record, save or show someone's shared location, route or arrival time to anyone else without their permission.

8.3 The partner screen is not a record. It shows only the newest update, which may be delayed, inaccurate or missing, and it keeps no history. It is not a record or proof of where anyone was or when.

8.4 No guarantee. Sharing and shared-drive alerts can fail, arrive late, or stop without warning (for example when a phone loses signal, our server restarts, or Apple or Google don't deliver an alert). Don't rely on sharing for anyone's safety, to know that someone arrived, or in an emergency.

8.5 Praise lines. If a driver allows it, a paired partner can trigger a few short recorded lines from a pack the driver imported. Section 7 applies to those recordings.

8.6 Stopping. The driver can stop sharing at any time, and either person can remove a pairing at any time, in one step. If you think someone set up sharing on your phone, see Settings › Sharing › "Worried someone is tracking you?".

9. Map problem reports

9.1 If you send us a map problem report (a category, a pin you place, and any text you write), you confirm that, as far as you know, it is your own observation and you have the right to give us the license below. Don't copy information from other maps or navigation apps (for example Google Maps or Apple Maps) into a report, and don't include personal information about yourself or anyone else.

9.2 License to your report. You grant us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to do any act that is restricted by copyright, database right or any related right over anything within your report, whether in the original medium or any other. This license explicitly includes commercial use and does not exclude any field of endeavor. It includes the right to sub-license through multiple tiers of sub-licensees, including contributing the information in your report, or corrections based on it, to OpenStreetMap under the OpenStreetMap Foundation's Contributor Terms and the Open Database License, so that anyone may use it under those licenses. To the extent allowable under applicable law, you waive and agree not to assert against us, the OpenStreetMap Foundation, or anyone who receives the information under those licenses, any moral rights you may have in your report.

9.3 We don't have to act on a report, and we may delete it at any time. Reports are deleted 90 days after we close them (Privacy Policy).

9.4 Copyright complaints. If you believe a map report or anything on our website infringes your copyright, send a notice under 17 U.S.C. §512(c)(3) to our designated agent: Copyright Agent, Gold Star Labs LLC, c/o Registered Agents Inc, 7533 S Center View Ct, Ste R, West Jordan, UT 84084, United States, info@goldstarlabs.app. We may end the license of anyone who repeatedly infringes.

10. Privacy

We don't use accounts, ads or analytics. How the Service handles data, including location, is explained in the Privacy Policy at https://goldstarlabs.app/daddygps/privacy/.

11. Purchases

11.1 You buy DaddyGPS's subscription through the Apple App Store or Google Play. Their terms govern payment, billing, refunds and cancellation. We don't receive your payment details.

11.2 Automatic renewal. Your subscription is monthly or yearly, as the plan you chose says. It renews automatically at the end of each period, and the store charges the renewal price to your App Store or Google Play account, until you cancel. The price and period are shown before you subscribe and in your store's subscription settings.

• Free trial. If your plan starts with a free trial, you won't be charged during the trial. Unless you cancel before the trial ends, it becomes a paid subscription, and you are charged the plan's price when it ends. On the App Store, cancel at least 24 hours before the trial ends. We remind you in the App at least 3 days before it ends.
• How to cancel. In the App, go to Settings › Subscription › Manage subscription, or use your App Store or Google Play subscription settings. On the App Store, cancel at least 24 hours before the end of the current period to stop the next renewal. On Google Play, cancel any time before the renewal date. Cancelling stops the next renewal, and you keep access until the end of the period you paid for.
• Reminders. For a yearly plan, we remind you in the App about 30 days before each renewal, with the renewal date, the price and how to cancel. For a monthly plan, we remind you once a year.
• Price changes. We'll tell you in advance of any price increase, as the store and the law require. [Price changes: wording pending counsel review]

11.2a One subscription for two, and partner slots.

1. Your partner credit. Your subscription includes one partner credit. When you pair with someone in the App and a credit is free, it covers that person (your "partner") automatically: they can use the App's subscription features at no charge for as long as your subscription is active and the two of you stay paired. Your partner doesn't pay, isn't charged, and can't manage, change or cancel your subscription.
2. Partner slots. You can buy a partner slot as a one-time in-app purchase, to give one more person you've paired with the same access. Each slot covers one more partner and works only while your subscription is active; if your subscription ends, your slots wait unused until you subscribe again. A slot stays yours: only you can move it, only you can ask Apple or Google for a refund of it under their policies, and it can't be exchanged, sold or passed on. You can be paired with at most eight people, so you can cover at most eight. A partner slot is a licence to a feature of the App, not property. It works only while your subscription is active and while we offer the Service (section 13).
3. Moving coverage. You can stop covering a partner at any time, and coverage ends when either of you ends the pairing. The credit or slot that covered them can be used for someone else 30 days later, or at once if that partner has a subscription of their own. The App keeps track of this on your phone only.
4. When a partner's coverage ends. It ends when you stop covering them, when the pairing ends, when your subscription ends (including after a refund), or if your phone hasn't confirmed your subscription to the partner's phone for 14 days. It never ends in the middle of a drive: a drive that started while covered runs to its end. Your partner keeps everything in the App that doesn't need a subscription, including every control for stopping live sharing and ending a pairing, and can subscribe themselves at any time.
5. Only your own purchase covers anyone. Coverage comes only from a subscription you bought yourself. A covered partner can't cover anyone else, and access you have through someone else's purchase (another partner's coverage, or any family or group sharing offered by Apple or Google) doesn't include partner credits. Our subscription and partner slots aren't shared through Apple's Family Sharing or any Google Play family feature.
6. What we learn. If you subscribe through Google Play and cover a partner, the App asks our server to confirm your subscription with Google about once a week, as the Privacy Policy explains. If you subscribe through the App Store, the partner's phone checks Apple's signed record itself and our server isn't involved.

11.3 Refunds. For purchases on the App Store, ask Apple, under Apple's refund policies. For purchases on Google Play, ask Google under its refund policy, or ask us at info@goldstarlabs.app; we decide under our refund policy and the law. Section 14.3 also applies on iPhone. Nothing in these Terms limits any refund right you have under the law.

12. Other services and their terms

12.1 You must comply with any third-party terms that apply to your use of the App, for example your wireless carrier's data plan and the terms of Apple, Google, your vehicle maker, Android Auto or CarPlay.

12.2 The App uses your phone's location services and, for live-sharing alerts, Apple's and Google's push services. We aren't responsible for those services. Map data is © OpenStreetMap contributors and the other sources listed under Data & licences.

13. Changes, availability and support

13.1 The Service may change or be unavailable. Our servers provide routes, search and maps. They may be slow, down or changed at any time, and features may be added or removed. Offline map packs work without our servers but age as the map changes. If we stop offering the Service, or remove a main feature of the subscription, we'll tell you in the App at least 30 days before. If that happens during a period you've paid for, you can ask for a refund for the unused part: Apple handles App Store refunds, and for Google Play purchases you can ask us. We don't promise that the Service will be available at any particular time.

13.2 Support. We, not Apple or Google, provide support for the App, at info@goldstarlabs.app, as these Terms describe or as the law requires.

14. Disclaimer of warranties

14.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. We disclaim all warranties and conditions, express or implied, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non-infringement. We don't warrant that the maps, routes, directions, arrival times, speed limits, places, addresses or location data are accurate, complete or current, that the Service will be uninterrupted or error-free, or that live sharing or alerts will be delivered.

14.2 Some states don't allow the exclusion of implied warranties, so some of 14.1 may not apply to you. Where implied warranties can't be excluded, they are limited to the shortest period the law allows.

14.3 iPhone. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty are our sole responsibility, to the extent not effectively disclaimed in these Terms.

15. Limitation of liability

15.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, arising out of or related to these Terms, the App or the Service, however caused and on any theory of liability, even if we were told such damages were possible.

15.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS, THE APP OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE APP AND ANY SUBSCRIPTION IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

15.3 What we don't limit. Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud, for our gross negligence or willful misconduct, or for anything else that applicable law does not allow to be limited or excluded. Some states don't allow the exclusion or limitation of incidental or consequential damages, or of liability for personal injury, so parts of this section may not apply to you. These Terms don't limit our liability to you beyond what applicable law permits.

16. Changes to these Terms

16.1 We may change these Terms. We'll post the new version at https://goldstarlabs.app/daddygps/terms/ with a new date.

16.2 Material changes (for example, anything that reduces your rights, adds a fee, or changes how disputes are resolved) take effect for you only when you accept them: the App will show you the change and ask you to agree before you continue. If you don't agree, you can stop using the App, and the version you last accepted keeps applying to your use of the Service until then. If you have a subscription, you can cancel it in your store settings, and section 11.3 applies to refunds. Changes that only add protections for you, or that the law requires, may take effect when we post them.

16.3 Changes to section 19 never apply to a claim that arose, or to a dispute either of us gave written notice of, before the change took effect. Those stay under the version of section 19 that applied when the claim arose.

17. Ending these Terms

You may stop using the App and delete it at any time. We may suspend or end your license if you seriously or repeatedly break these Terms (for example, sections 3.2 or 8.2), or if the law requires it. Sections 3.2–3.4, 5.4, 7.2, 7.3, 9, 11.3, 14, 15, 16.3, 18, 19, 20, 21, 23 and 24 survive.

18. Responsibility for misuse

To the extent permitted by applicable law, you agree to reimburse us for reasonable costs, including reasonable attorneys' fees, that we incur because of a third-party claim arising from your intentional misuse of the Service in breach of section 7.3 or 8.2. This section does not apply to claims arising from our own conduct.

19. Disputes: informal resolution, arbitration, class-action waiver

Please read this section carefully. It affects how disputes are resolved. You can opt out (19.8).

19.1 Talk to us first. Before starting arbitration or a court case, the person with a claim must send a written notice to the other with their name, contact details, a description of the claim, and the relief sought. Our address for notices is info@goldstarlabs.app or Gold Star Labs LLC, 7533 S Center View Ct, Ste R, West Jordan, UT 84084, United States; either is enough. Both of us will try in good faith to resolve it within 60 days, including, if either asks, a phone or video call. Deadlines for bringing a claim are paused during those 60 days.

19.2 Agreement to arbitrate. If the claim isn't resolved, you and we agree to resolve any dispute arising out of or relating to these Terms, the App or the Service by binding individual arbitration, not in court, except as 19.4 says. The arbitrator decides all issues, except that a court decides questions about the validity, scope or enforceability of 19.5 (class-action waiver) and 19.6 (mass arbitration), and whether a claim falls under 19.4.

19.3 Rules and costs. The American Arbitration Association ("AAA") administers the arbitration under its Consumer Arbitration Rules (www.adr.org) in effect when the arbitration starts, as modified by this section. If no claim or counterclaim is for more than US $25,000, the arbitration is decided on written submissions only, unless you ask for a hearing or the arbitrator decides one is needed. Any hearing is held by video or phone, unless you ask for it in person; an in-person hearing takes place in the county where you live, or another place we both agree. If you start the arbitration, you pay only the consumer filing fee set by the AAA Consumer Rules (currently US $225), and if that is more than the fee you would have paid to file your claim in court, we refund the difference. We pay all other AAA fees and the arbitrator's compensation. Each side pays its own attorneys' fees, unless the arbitrator awards them under applicable law. The arbitrator may award any individual relief a court could award, and must give a written, reasoned decision. The Federal Arbitration Act governs this section.

19.4 Exceptions. Either of us may (a) bring an individual claim in small-claims court, if it qualifies and stays there; and (b) ask a court for an injunction to stop infringement or misuse of intellectual property (section 3.2). Nothing in this section waives your right to seek public injunctive relief where applicable law does not allow that right to be waived; any such claim is decided by a court after the individual claims are arbitrated, and is paused until then.

19.5 Class-action waiver. You and we may bring claims against each other only individually, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of different people or award relief to anyone but the individual party. If a court decides that this waiver can't be enforced for a particular claim or relief, then that claim or relief (and only that) goes to court, and the rest stays in arbitration. This doesn't prevent the AAA from administering similar demands together under section 19.6. Each demand is still decided individually, on its own merits.

19.6 Many similar demands. If 25 or more similar demands for arbitration are filed against us, or by us, by the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules and its fee schedule for those rules apply. A process arbitrator under those rules may decide administrative questions for all of the demands. No one is bound by the result of another person's arbitration. Deadlines for bringing a claim are paused for demands waiting to be administered.

19.7 Jury waiver. Where a claim proceeds in court rather than arbitration, you and we waive any right to a jury trial, to the extent permitted by law.

19.8 Opt-out. You can opt out of this arbitration agreement within 30 days after you first accept these Terms by emailing info@goldstarlabs.app with the subject "Arbitration opt-out", or by writing to Gold Star Labs LLC, 7533 S Center View Ct, Ste R, West Jordan, UT 84084, United States. Include your name and the email or postal address you'd like our confirmation sent to. We'll confirm by reply; keep the confirmation, because we keep no account to record it. Opting out removes sections 19.2 to 19.7 and 19.9 for you; everything else in these Terms still applies. If you opted out of an earlier version, you stay opted out. If we make a material change to this section 19, you may reject the change by writing to us as described above within 30 days after you accept it. If you do, the version of section 19 you accepted before keeps applying to you.

19.9 Time limit. To the extent permitted by law, a claim must be brought within one year after it arises, or it is permanently barred. This doesn't apply where the law forbids shortening the time to bring a claim.

20. Governing law and courts

These Terms are governed by the Federal Arbitration Act and the laws of the State of Utah, without regard to its conflict-of-laws rules. This doesn't take away any protection you have under the mandatory consumer-protection laws of the state where you live. Subject to section 19, claims go to the state or federal courts in Salt Lake County, Utah, or the courts of the county where you live, at your choice; for our claims against you, the courts of the county where you live.

21. Apple-specific terms (App Store version)

If you got the App from the Apple App Store:

1. Acknowledgement. These Terms are concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the App and its content. These Terms don't provide usage rules that conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms; where they would, those rules control.
2. Scope of license. Section 3.1 applies.
3. Maintenance and support. We are solely responsible for providing any maintenance and support for the App, as these Terms specify or as applicable law requires. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty. Section 14.3 applies. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of it, including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property. In the event of any third-party claim that the App, or your possession and use of it, infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
7. Legal compliance. Section 2.3 applies.
8. Developer name and address. The top of these Terms states our name, address, phone number and email address, to which any questions, complaints or claims about the App should be directed.
9. Third-party terms. Section 12.1 applies.
10. Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.

22. Google Play version

If you got the App from Google Play, Google is not a party to these Terms and is not responsible for the App or its support. The Google Play Terms of Service apply to your purchase. If the Google Play Developer Distribution Agreement gives you broader rights to use the App than section 3.1, those rights apply. Our right under section 17 to suspend or end your use of the Service (our servers and features) still applies.

23. General

23.1 Entire agreement. These Terms (with the Privacy Policy where it is referred to) and the terms of the app store you bought through (section 11.1) are the whole agreement between you and us about the Service.

23.2 Severability. If any part of these Terms is found unenforceable, the rest stays in effect, and the unenforceable part is changed only as much as needed to make it enforceable (section 19.5 has its own rule).

23.3 No waiver; assignment. If we don't enforce a part of these Terms, that's not a waiver. You may not transfer these Terms. We may transfer them to a successor of the Service, who must honor them.

23.4 U.S. Government users. The App is a "commercial item" consisting of "commercial computer software" and "commercial computer software documentation", licensed to U.S. Government end users only as a commercial item and with only the rights granted to all other users under these Terms.

23.5 Export. You may not use or export the App in violation of U.S. export laws.

23.6 Language. These Terms are written in English. If we provide a translation, it is for convenience, and the English version controls where the law allows.

23.7 California users. Under California Civil Code §1789.3, California users are entitled to this notice: the provider of this service is named at the top of these Terms; the price of the App is shown in the App Store or Google Play; and you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. [Verify both numbers on dca.ca.gov]

23.8 New Jersey. [Pending counsel review]

23.9 Notices to you. We have no email address or account for you, so we give notices in the App or on our website. You agree that notices given that way, and these Terms in electronic form, satisfy any requirement for a notice or contract in writing.

23.10 Accessibility. If anything in the App or these Terms is hard to use because of a disability, contact us and we'll help, including with these Terms in another format.

23.11 Events beyond our control. We aren't responsible for delays or failures caused by events we can't reasonably control, such as outages of Apple, Google, internet providers or map data, or natural disasters.

24. Contact

Gold Star Labs LLC, 7533 S Center View Ct, Ste R, West Jordan, UT 84084, United States. Phone: (801) 801-1807. Support, legal notices and arbitration opt-outs: info@goldstarlabs.app.

Legal process (subpoenas, court orders and law-enforcement requests): by mail to Gold Star Labs LLC at the address above, Attn: Legal, or to our registered agent. We accept service by email only if we agree in writing.