Terms and Conditions

We are MyScribbl, Inc. ("Company," "we," "us," "our"), a company registered in Washington, United States, at 1522 Western Ave Ste 24320, Seattle, WA 98101.

We operate the website https://myscribbl.com (the "Site"), the mobile application Scribbl (the "App"), and any other related products and services that refer or link to these legal terms (collectively, the "Services").

You can contact us by phone at +1 (206) 984-8587, email at hello@myscribbl.com, or by mail to 1522 Western Ave Ste 24320, Seattle, WA 98101, United States.

These Legal Terms constitute a legally binding agreement between you (personally or on behalf of an entity) and MyScribbl, Inc. concerning your access to and use of the Services. By accessing the Services, you confirm you have read, understood, and agreed to be bound by all of these Legal Terms.

We will provide prior notice of any scheduled changes to the Services. Modified Legal Terms become effective upon posting or notification via email. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.

The Services are intended for users who are at least 18 years old. Persons under 18 are not permitted to use or register for the Services.

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation. Those who access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws.

The Services are not tailored to comply with industry-specific regulations such as HIPAA or FISMA. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Our intellectual property

We own or are the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as all trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws in the United States and around the world. The Content and Marks are provided through the Services "AS IS" for your internal business purpose only.

Your use of our Services

Subject to your compliance with these Legal Terms, we grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any portion of the Content you have properly accessed, solely for your internal business purpose.

No part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, or otherwise exploited for any commercial purpose without our express prior written permission. To request such permission, contact hello@myscribbl.com.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your submissions

By sending us any question, comment, suggestion, idea, or feedback about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. We shall own this Submission and be entitled to its unrestricted use for any lawful purpose, without acknowledgment or compensation to you.

By sending Submissions, you confirm you will not post anything illegal, harassing, hateful, defamatory, obscene, or misleading; you warrant that Submissions are original or that you have the necessary rights; and you confirm that Submissions do not constitute confidential information. You are solely responsible for your Submissions.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and agree to comply with these Legal Terms; (4) you are not a minor in your jurisdiction; (5) you will not access the Services through automated or non-human means; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Services.

You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

We accept the following forms of payment: Visa, Mastercard.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and card expiration date. Sales tax will be added to the price of purchases as required. We may change prices at any time. All payments shall be in US dollars.

You authorize us to charge your chosen payment provider for any amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Services.

Billing and renewal

Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring prior approval for each recurring charge, until such time as you cancel. The length of your billing cycle depends on the type of subscription plan you choose.

Free trial

We offer a 10-day free trial to new users who register with the Services. The account will be charged according to the user's chosen subscription at the end of the free trial.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at hello@myscribbl.com.

Fee changes

We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

• Systematically retrieve data or content from the Services to create a collection, compilation, or database without written permission.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Disparage, tarnish, or otherwise harm us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit viruses, Trojan horses, or other material that interferes with the Services.
• Engage in any automated use of the system, including using scripts, data mining, or similar data gathering tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit any material that acts as a passive or active information collection mechanism, including spyware or tracking pixels.
• Interfere with, disrupt, or create an undue burden on the Services or connected networks.
• Harass, annoy, intimidate, or threaten any of our employees or agents.
• Attempt to bypass any measures designed to prevent or restrict access to the Services.
• Copy or adapt the Services' software, including but not limited to HTML, JavaScript, or other code.
• Decipher, decompile, disassemble, or reverse engineer any of the software comprising the Services, except as permitted by applicable law.
• Use any automated system, spider, robot, scraper, or offline reader to access the Services.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting email addresses for the purpose of sending unsolicited email.
• Use the Services as part of any effort to compete with us or for any revenue-generating commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

The Services do not offer users the ability to submit or post content publicly. We may provide you with the opportunity to create, submit, post, display, transmit, or distribute content and materials to us or on the Services, including text, writings, video, audio, photographs, graphics, comments, or other material (collectively, "Contributions").

When you create or make available any Contributions, you represent and warrant that your Contributions: do not infringe any third-party proprietary rights; are original to you or that you have the necessary licenses and permissions; do not violate any applicable law, regulation, or rule; do not violate the privacy or publicity rights of any third party; are not false, inaccurate, or misleading; and do not otherwise violate any provision of these Legal Terms.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in termination or suspension of your rights to use the Services.

You and Scribbl agree that we may access, store, process, and use any information and personal data that you provide and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights associated with them. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services.

Use license

If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, strictly in accordance with these Legal Terms. You shall not: (1) decompile, reverse engineer, or decrypt the App; (2) make any modification or derivative work from the App; (3) violate any applicable laws in connection with your access or use of the App; (4) remove or obscure any proprietary notice posted by us or licensors of the App; (5) use the App for any revenue-generating commercial enterprise; (6) make the App available over a network permitting access by multiple unauthorized devices; (7) use the App to create a product competitive with or a substitute for the App; (8) use the App to send automated queries or unsolicited commercial email; or (9) use any of our intellectual property in the design, development, or distribution of any applications or devices for use with the App.

Apple and Android devices

The following terms apply when you use the App obtained from the Apple Store or Google Play (each an "App Distributor"): (1) the license granted to you is limited to a non-transferable license to use the application on a device utilizing the Apple iOS or Android operating systems; (2) we are responsible for providing maintenance and support services with respect to the App as specified in these Legal Terms — each App Distributor has no obligation to furnish any maintenance or support; (3) in the event of any App failure to conform to any applicable warranty, you may notify the applicable App Distributor and they may refund the purchase price, if any, paid for the App — to the maximum extent permitted by law, the App Distributor has no other warranty obligation; (4) you represent and warrant that you are not located in a country subject to a US government embargo or designated as a "terrorist supporting" country, and you are not listed on any US government list of prohibited or restricted parties; and (5) you acknowledge that App Distributors are third-party beneficiaries of these terms and have the right to enforce them against you.

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your Contributions or any portion thereof; (4) remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region with laws governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and to be entirely performed within the State of Washington, without regard to its conflict of law principles.

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute"), the parties agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one party to the other.

Binding arbitration

If the parties are unable to resolve a Dispute through informal negotiations, the Dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), available at the AAA website. The arbitration may be conducted in person, through document submission, by phone, or online. Except where otherwise required by applicable AAA rules or law, the arbitration will take place in Washington, United States.

If for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in King County, Washington, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to such courts.

In no event shall any Dispute be commenced more than one (1) year after the cause of action arose.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. No arbitration shall be joined with any other proceeding; there is no right or authority for any Dispute to be arbitrated on a class-action basis; and there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public.

Exceptions to informal negotiations and arbitration

The following Disputes are not subject to the above provisions: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, OR ANY BUGS, VIRUSES, OR TROJAN HORSES WHICH MAY BE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. We reserve 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 such claims.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

Program description

By opting into any Scribbl text messaging program, you expressly consent to receive text messages (SMS) to your mobile number. Scribbl text messages may include account alerts and responses to inquiries.

Opting out

If at any time you wish to stop receiving SMS messages from us, simply reply to the text with "STOP." You may receive an SMS message confirming your opt out. After this, you will no longer receive SMS messages from us. If you want to join again, please sign up as you did the first time.

Message and data rates

Message and data rates may apply to any SMS messages sent or received. The rates are determined by your carrier and the specifics of your mobile plan. Carriers are not liable for delayed or undelivered messages.

Support

If you have any questions or need assistance regarding our SMS communications, please reply with the keyword HELP, email us at hello@myscribbl.com, or call +1 (206) 984-8587.

If any complaint with us is not satisfactorily resolved, you can 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, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

These Legal Terms and any policies or operating rules posted by us on the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services.