Terms of Service

These Terms of Service ("Terms") form a binding agreement between you and Trevor Nogues ("we," "us," or "our") and govern your use of the Sweetest mobile application and any related services (together, the "Service"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and the age of legal majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf. By using the Service, you represent that you meet these requirements.

2. App Updates and Testing

Sweetest is available on the App Store for iPhone and may still be distributed through testing programs such as Google Play testing on other platforms. By using the Service or participating in any testing program, you acknowledge and agree that:

• The Service is experimental and may contain bugs, errors, incomplete features, and other defects, and may not function as intended.
• The Service may be unavailable, interrupted, or modified at any time without notice.
• We may, at our sole discretion, reset, migrate, or delete user accounts, rankings, photos, comments, follow relationships, or other data when needed to operate or improve the Service. You should not rely on the Service to store anything you cannot afford to lose.
• Feedback you submit (including through Google Play testing, by email, or in-app) may be used by us to improve the Service without obligation or compensation to you.
• Your access to any testing program is personal to you and may be revoked at any time. Test builds may expire or become unavailable according to the rules of the app store or testing program that distributes them.

The disclaimers and limitations in Sections 11 and 12 apply with particular force to test builds and new or experimental features.

3. Your Account

• You are responsible for the accuracy of information you provide and for keeping your login credentials confidential.
• You are responsible for all activity that occurs under your account.
• You must notify us promptly at sweetestbitesapp@gmail.com if you suspect unauthorized use of your account.
• One account per person. You may not impersonate another person or misrepresent your identity.

4. Your Content

The Service lets you submit content such as rankings, place names, cities, notes, photos, custom categories, and profile information ("Your Content"). You retain all rights you have in Your Content. By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (e.g., resize images), display, and distribute Your Content solely for the purpose of operating, providing, and improving the Service. This license ends when you delete Your Content or your account, except for content you've shared with others that they have already saved or that we are required to retain for legal reasons.

You represent and warrant that:

• You own Your Content or have all rights and permissions necessary to grant the license above.
• Your Content does not infringe any third party's intellectual property, privacy, publicity, or other rights, and does not violate any law.
• If Your Content includes images or recognizable people, you have the rights or consents required to share them.

5. Acceptable Use

You agree not to:

• Post content that is illegal, harassing, defamatory, hateful, threatening, sexually explicit, or that depicts violence or exploitation, especially involving minors.
• Spam, scrape, or use the Service for unauthorized commercial purposes.
• Attempt to gain unauthorized access to the Service, interfere with its operation, or probe its security.
• Reverse-engineer, decompile, or disassemble any part of the Service except where allowed by law.
• Use the Service to violate the privacy of others or to share another person's private information without permission.
• Use bots, scripts, or other automated means to interact with the Service without our prior written consent.

6. Other Users

The Service includes social features such as following other accounts and city-level rankings. We do not control and are not responsible for the conduct or content of other users. You interact with other users at your own risk.

7. Third-Party Services

The Service relies on third-party services, including Google Firebase (Authentication, Firestore, Cloud Storage) and the operating systems and app stores from which you download the Service. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services.

8. Intellectual Property

The Service, including its software, design, branding, and content (other than Your Content and other user content), is owned by us or our licensors and is protected by intellectual property laws. We grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, solely for personal, non-commercial use, subject to these Terms.

9. Copyright and DMCA Takedown Policy

We respect intellectual property rights and expect users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

Reporting claimed infringement

If you believe content on the Service infringes your copyright, send a written notice to our designated agent at sweetestbitesapp@gmail.com with the subject line "DMCA Takedown Notice." Your notice must include all of the following:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work(s) claimed to have been infringed (or a representative list if multiple works are covered by a single notice).
3. Identification of the specific material claimed to be infringing and information reasonably sufficient for us to locate it in the App (e.g., a description of the content and the username or screen where it appears).
4. Your name, mailing address, telephone number, and email address.
5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

We will review compliant notices and, where appropriate, remove or disable access to the reported content and notify the user who posted it.

Counter-notification

If you believe your content was removed or disabled as a result of mistake or misidentification, you may send a counter-notification to sweetestbitesapp@gmail.com with the subject line "DMCA Counter-Notice." Your counter-notice must include:

1. Your physical or electronic signature.
2. Identification of the material that was removed or disabled and the location where it appeared before removal.
3. A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification.
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located (or, if outside the United States, any federal district court in which we may be found), and that you will accept service of process from the person who filed the original notice or their agent.

If we receive a valid counter-notice, we may restore the removed content after forwarding it to the original complainant and providing them the period prescribed by law to seek a court order. We are not able to provide legal advice; if you are unsure whether content infringes or whether to file a counter-notice, consult an attorney.

Repeat infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances, consistent with 17 U.S.C. § 512(i).

10. Termination

You may stop using the Service at any time and may delete your account in the app or request account deletion by emailing sweetestbitesapp@gmail.com. See Delete your account for deletion steps and retention details. We may suspend or terminate your access to the Service at any time, with or without notice, if we believe you have violated these Terms or applicable law, or if we discontinue the Service. Sections that by their nature should survive termination (including Your Content licenses already exercised, disclaimers, limitation of liability, indemnification, and governing law) will survive.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT (INCLUDING USER CONTENT) IS ACCURATE OR RELIABLE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless Trevor Nogues from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Your Content; (b) your use of the Service; or (c) your violation of these Terms or any applicable law or third-party right.

14. Changes to the Service or Terms

We may modify or discontinue the Service, in whole or in part, at any time. We may also update these Terms from time to time. If we make material changes, we will update the "Effective date" above and, where appropriate, notify you in the App. Your continued use of the Service after the changes take effect constitutes acceptance of the updated Terms.

15. Governing Law and Disputes

These Terms are governed by the laws of the State of Washington, USA, without regard to its conflict-of-laws rules. You and we agree that the state and federal courts located in King County, Washington will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction. To the maximum extent permitted by law, you and we waive any right to a jury trial.

16. Apple App Store Additional Terms

If you obtained the App from the Apple App Store, the following additional terms apply: (a) these Terms are between you and us, not Apple, and Apple is not responsible for the App or its content; (b) the license granted is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service; (c) Apple has no obligation to provide maintenance or support for the App; (d) in the event of failure to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any), and to the maximum extent permitted by law Apple has no other warranty obligation; (e) Apple is not responsible for product or claims liability, consumer protection, or intellectual property infringement claims regarding the App; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

17. Contact

Trevor Nogues
Email: sweetestbitesapp@gmail.com