Terms of Service
Effective Date: October 1, 2026
These Terms of Service (the “TOS”) are between Fuzzy Door Tech, Inc. (“Fuzzy Door Tech”, “we”, “our”, or “us”) and you. References to “you” in this TOS mean the individual using or accessing the Service (defined below) or, if you use or access the Service on behalf of a business or other entity, the term “you” includes the business/entity and any of its affiliates and their respective employees, contractors, representatives, or agents that use or access the Service.
The TOS, together with the Privacy Policy and other terms and conditions referenced and incorporated herein (together the “Agreement”), govern your use of (a) the Fuzzy Door Tech website at https://viewscreen.com/ and any of Fuzzy Door Tech’s other websites that link to this TOS (collectively, the “Website”), (b) our software application (mobile and/or desktop) ViewScreenⓇ Scout (“Scout”), and any tools, platforms, their associated URL links, and content available thereon (collectively as described in clause (b), the “App”). The Website and App are referred to together as the “Service”. You acknowledge and agree to our Privacy Policy https://viewscreen.com/privacy that describes our privacy practices for the Service.
PLEASE READ THE PARAGRAPHS BELOW CAREFULLY. If you do not agree to be bound by the Agreement, you may not access or use the Service.
THIS TOS REQUIRES YOU TO RESOLVE MOST DISPUTES WITH US IN ARBITRATION, NOT IN COURT BY A JUDGE OR JURY, AND NOT TO BRING A CLASS ACTION SUIT. SEE SECTION 11 BELOW FOR FULL DETAILS.
YOU MAY ONLY USE THE APP IF YOU ARE A RESIDENT OF THE UNITED STATES AND/OR CANADA, AND THE APP IS NOT AUTHORIZED FOR RESIDENTS OF ANY OTHER JURISDICTION.
Subscriptions for the App will continue and automatically renew until you take action to terminate as described in Section 6C of this TOS (or until your subscription is otherwise terminated as provided herein).
1. Service Overview.
A. Certain Terms. “User Content” means all content and materials submitted, uploaded, imported, provided, input, or otherwise made available by you or through your account for the App, including without limitation prompts, queries, instructions, files, 3D assets, graphics, artwork, characters, copyrightable works, audio, video, images, text, fonts, logos, trademarks, data, and related materials. “Output” means all material created or generated through your use of the App, including Generated Output. “Generated Output” means any content or material of any type (such as image, animation, video, 3D model, text, or other result) generated through an AI feature of the App from User Content or other inputs you provide. “Stock Materials” means any content, features, and functionality, including any information, software code, text, displays, images, video and audio, and the design, selection, and arrangement of such material, and any documents, resources, recommendations, guidance, forms, policies, or other materials provided by the App that are not User Content or Output.
B. App Description. The App is a mixed reality visualization and preproduction application for short video scene creation, enabling users to create and place digital assets within a real-world environment, and which may (depending on your use) include AI-assisted content generation features. The App enables you to use User Content to create Output, and may provide you with access and use of Stock Materials, which are either owned or licensed by Fuzzy Door Tech. Stock Materials are provided as resources for your permitted use of the App, and may not be used, distributed or sold except as part of your Output generated from permitted use of the App.
C. Website. The Website is made available to visitors primarily to provide information about Fuzzy Door Tech products and services as well as its business overall. The Website may include avenues for visitors to contact Fuzzy Door Tech for further information but does not otherwise offer access to any products or services.
2. Use of the App.
A. App Scope of Use. Subject to your compliance with all terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable (except for permitted assignments) license during your subscription period or other time period for permitted use of the App and Stock Materials, including all of their content, features, and functionality included within the subscription level purchased for your lawful personal or legitimate business purposes. If you accessed the App through or downloaded from the Apple App Store (an “App Store App”), you agree to only use the App Store App (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the Usage Rules in the Apple App Store Terms of Service.
B. Third Party Elements. “Third-Party Elements” means third-party software, content, AI models, services, SDKs, APIs, platforms, or other products used with, incorporated into, or made available through the App, including open-source software and third-party AI or infrastructure services. Certain features of the App, including AI features, use Third-Party Elements to process requests, generate Output and/or provide functionality. Third-Party Elements are not owned or controlled by Fuzzy Door Tech.
C. AI Functionalities. By using the AI features of the App, you expressly consent to Fuzzy Door Tech and its service providers processing your User Content to generate Output. The AI functionalities of the App do not use User Content to train, develop, or improve any artificial intelligence or machine learning models. You acknowledge that Fuzzy Door Tech’s third-party technology providers may embed machine-readable watermarks, secure metadata, or content-provenance signals (such as those based on the C2PA / Content Credentials standard) into Generated Output to identify them as AI-generated. Such markings may be imperceptible and enable third parties to detect them. Fuzzy Door Tech does not control the markings and does not warrant that any marking will be applied to, or persist in, every Generated Output.
D. Supplemental Terms. Your use of certain features of the App may be subject to additional terms (“Supplemental Terms”) which will either be described in the applicable supplemental feature or presented to you to accept during sign up for the supplemental feature. If the Supplemental Terms conflict with the TOS, the Supplemental Terms will control with respect to such supplemental feature.
3. Use Restrictions.
A. You may use the Service only for lawful purposes and in accordance with this Agreement. You agree not to use the Service: (i) in violation of any applicable law, rule or regulation; (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors or any other person in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to transmit, or procure the transmission of, any advertising or promotional material except as expressly permitted on the Service; (iv) to impersonate or attempt to impersonate an employee of Fuzzy Door Tech, another user, or any other person or entity; (v) to send, knowingly receive, upload, download, use, or re-use any material (including any User Content and Output) that (A) is libelous, abusive, offensive, harassing, violent, inflammatory, threatening, contains hate speech, defamatory, obscene, indecent, sexually explicit, pornographic, depicts minors in any inappropriate manner, promotes violence, harassment, or harm, or is otherwise objectionable, as determined by Fuzzy Door Tech, in its sole discretion, (B) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, age, (C) publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under law, or (D) misrepresents someone or something as doing or saying something that was not actually done or said; (vi) to infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person; (vii) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Fuzzy Door Tech, may harm Fuzzy Door Tech or users of the Service, expose users to liability, or threaten the security of personally identifiable information; (viii) build or benchmark a competitive product or service, or copy any features, functions or graphics of the App; (ix) remove, obscure or alter any proprietary notice related to the Service.
B. You further agree not to: (a) use the Service or take other action that interferes, or attempts to interfere with the proper functioning of the Service or third-party services; (b) use any device, process or means to access, monitor, or copy all or any part of the Service for any purpose; (c) download or further reproduce or distribute the Service, or otherwise use the Service in connection with or on behalf of any other person; and (d) except to the extent such restrictions are prohibited by applicable law, copy, reproduce, modify, adapt, disassemble, reverse engineer, decompile, distribute, sell, resell, lease, license, perform, display, transfer, transmit, stream, broadcast, create derivative works, translate, circumvent any anti-piracy technology or features that enforce limitations on use of, otherwise alter or attempt to discover the source code, object code, or other portion of, or otherwise use or exploit the Service.
C. Fuzzy Door Tech has no obligation to review, monitor, pre-screen, or approve User Content or Output, but may restrict or remove content or access to the App where Fuzzy Door Tech reasonably believes the User Content or Output violates this Agreement, or where doing so is necessary to enforce this Agreement, comply with law or third-party provider requirements, or protect Fuzzy Door Tech, users, or others.
4. Account Registration. In order to access and use the App, you may be required to register an account on the App. You must ensure that all account registration information is accurate and complete, and you agree to keep the information current at all times. You must keep confidential any password(s) or access code(s) you are given to access the App, and you are fully responsible for all activities that occur under your password(s), access code(s), and your account. You agree to notify us immediately of any unauthorized use of your password(s) or access code(s). Your App account is personal to you, and you agree not to provide any other person with access to it. Supported sign-in methods may include third-party account sign-in, such as Sign in with Apple, Google sign-in, or by registering directly with us by providing required information, such as your email address and creating a password.
5. Your Responsibilities.
A. You represent, warrant and covenant that: (i) you are of legal age to accept the Agreement (including being over eighteen (18) years of age or the age of majority where you live) and have legal authority to form a binding contract with Fuzzy Door Tech between you personally or on behalf of the entity named as the user and to bind that entity to the Agreement, (ii) you are located in the U.S. or Canada and are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; (iii) you are not listed on any U.S. Government list of prohibited or restricted parties; (iv) the User Content and Output, our permitted use thereof and any use you or others make of the User Content and Output, does not and will not infringe upon, misappropriate or otherwise violate the intellectual property rights of any third party, or violate any applicable law, rule or regulation, (v) you have all rights, licenses, permissions, and consents necessary for the User Content and Output, including copyright, trademark, privacy, publicity, likeness, and other third-party rights and compliance with all laws pertaining to the User Content and Output, including, but not limited to, laws requiring you to obtain the consent of a third party to use the User Content and Output and to provide appropriate notices of third-party rights; and (vi) you will not represent that Generated Output was human-generated when it was not.
B. You are responsible and liable for all uses of the Service resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions that occur under your account, and any act or omission under your account that would constitute a breach of this Agreement if taken by you is a breach of this Agreement by you.
C. You control and are solely and fully responsible for all User Content, all prompts, queries, instructions, and generation requests you make, all Output, and anything you choose to do with User Content or Output, including without limitation, its use, modification, storage, export, publication, distribution, display, transmission, or commercialization.
D. If you export, publish, post, transmit, distribute, or otherwise make User Content or Output available outside of the App (i.e. through your own or any third-party website, application, platform, or service), you do so at your own responsibility and subject to that party’s terms and policies. Fuzzy Door Tech has no liability for any such matters or use.
E. Your use of the App is in large part executed locally on your own device which you solely control, and not on a device controlled by Fuzzy Door Tech or its service providers. You are responsible for storing, maintaining, and backing up all local User Content and Output that you wish to keep. Fuzzy Door Tech may process and store for short periods of time certain User Content such as AI queries and other similar inputs in order to generate the Output. Once generated, the Output is automatically delivered to and stored locally on your device through the App. Fuzzy Door Tech does not separately store the Output. Fuzzy Door Tech’s technology provider may retain the Output for a limited period of time. Fuzzy Door Tech has no obligation to store, maintain, or retain User Content or Output and is not responsible for its deletion, loss, or failure to store, transmit, receive, or make it available.
6. Subscriptions and Payment.
A. Fees. Use of the Service may require the payment of fees (“Fees”). You agree to pay all Fees and applicable taxes incurred by you or anyone using an account registered to you. All information that you provide in connection with a purchase or transaction must be accurate, complete, and current. We may change the subscription terms or Fees (including subscription fees) at any time on a going-forward basis at our discretion. We may choose in our sole discretion to add, modify, or remove benefits and features from the Service. Your continued use of the Service after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your subscription. If you accept the new subscription, its terms and conditions will apply for that renewal and all renewals going forward.
B. Payments. Fee payments may be processed by third-party payment processors and are subject to the applicable processor’s terms and policies that will be provided as you go through the payment process with that third-party payment processor. Fuzzy Door Tech is not responsible for the acts or omissions of third-party payment processors, including payment-processing failures or service outages. For subscriptions and other purchases (such as in-App transactions) made through Apple’s App Store, Apple processes and controls payment, billing, renewal, cancellation, purchase restoration, and refunds in accordance with Apple’s applicable terms and policies. Apple will charge your Apple payment method for each renewal period at the then-current subscription fee until you cancel the subscription or it is otherwise terminated. You may manage or cancel your subscription through your Apple account settings. Fuzzy Door Tech does not independently charge, renew, cancel, or refund App Store subscriptions and does not receive or store your full payment-card information for Apple App Store transactions.
C. Subscriptions. The App is offered on a subscription basis, and may also offer the ability to purchase Credits used for AI generation or other metered features. Subscriptions automatically renew for successive periods at Fuzzy Door Tech’s then-current price for such subscription unless canceled before renewal in accordance with the applicable App Store procedures. Apple billing may continue until you cancel the App subscription by following the Apple subscription cancellation process. If you purchase a subscription to the App, you will be charged by Fuzzy Door Tech’s third-party payment processor for the initial subscription term. If you cancel your subscription during your subscription period, you may continue to use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be entitled to receive a prorated refund of any portion of the subscription fee paid for the then-current subscription period unless otherwise required by applicable law. Credits or other in-App purchases have no cash value and are not transferable. Any applicable expiration, rollover, or refresh terms will be described in the specific terms for the level of subscription or transaction purchased. Fuzzy Door Tech may change Credit requirements, included Credits, usage limits, or the number of Credits required for particular features on a going-forward basis, subject to applicable law.
7. Proprietary Rights.
A. Fuzzy Door Tech Ownership. As between you and Fuzzy Door Tech, Fuzzy Door Tech and its licensors own all right, title, and interest, including all intellectual property rights, in and to the Service. The Service is protected by United States and international copyright, trademark, and other laws and treaties, and may not be used except as permitted by this Agreement. No right, title, or interest in or to the Service is transferred to you, except for the limited rights of use expressly granted herein.
B. Your Ownership. As between you and Fuzzy Door Tech, you own all right, title, and interest, including all intellectual property rights, in and to the User Content and the Output. Output that is a derivative of Stock Materials is owned by you; however, we retain ownership of the underlying item of Stock Material. No right, title, or interest in or to the User Content or Output is transferred to Fuzzy Door Tech, except for the limited rights of use expressly granted herein. You are solely responsible for all aspects of the User Content and Output, including its use. You acknowledge that due to the nature of the App and artificial intelligence generally, the Service may not produce reliable or unique Output and other customers may receive similar Output from the App. You are solely responsible and liable for evaluating and verifying (including without limitation, by human review) the Output as being suitable and appropriate for your use. Fuzzy Door Tech recommends that you carefully test, review, and vet the Output before use. You acknowledge that Output (including specifically Generated Output) may implicate third-party intellectual property, privacy, publicity, likeness, contractual, or other rights, and that you are solely responsible for obtaining any necessary third-party rights. Fuzzy Door Tech does not represent or warrant that any Output is unique, protectable, non-infringing, or lawful for any particular use. Fuzzy Door Tech will have no liability of any kind for any (a) User Content and/or Output that is transmitted, viewed, or generated while using the Service, (b) errors or omissions in User Content and/or Output, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or inability to access User Content and/or Output.
C. License to User Content and Output. You grant Fuzzy Door Tech a limited, non-exclusive, worldwide, royalty-free license to process, reproduce, transmit, format, and otherwise use User Content as reasonably necessary to operate, provide, secure, troubleshoot, and support the App and to transmit your requested processing or generation jobs to service providers engaged by Fuzzy Door Tech to assist with provision of the App and its functionalities to you. When you use the App, we process the User Content you provide to generate the Output you request. Once generated, the Output is automatically delivered to and stored locally on your device through the App. Fuzzy Door Tech does not separately store the Output. Fuzzy Door Tech’s technology provider may retain the Output for a limited period of time.
D. Feedback. If you provide any feedback about the Service, including suggested changes, new features or functionality, or any comments, questions, suggestions, or the like (“Feedback”), all of which is voluntary, we are free to use (but have no obligation to use) Feedback, and any ideas, know-how, concepts, techniques, or other intellectual property rights contained therein, for any purpose whatsoever without any attribution or compensation to anyone. These rights are granted irrespective of any other obligation or limitation between you and us governing such Feedback.
8. Indemnification. You agree, to the extent permitted by applicable law, to indemnify, hold harmless, and, at our option, defend Fuzzy Door Tech, its affiliates and their respective service providers, employees, agents, officers, directors, and licensors (“Fuzzy Door Tech Entities”) from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys’ fees) incurred resulting from any claim, suit, action, or proceeding resulting from or related to your: (i) use of the Service, the User Content, Output and including without limitation, your publication, distribution, commercialization, or other use of User Content, Output, or alleged infringement or violation of intellectual-property, privacy, publicity, likeness, contractual, or other rights, (ii) gross negligence, fraud or willful misconduct; and/or (iii) breach of this Agreement. Fuzzy Door Tech reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Fuzzy Door Tech, including in asserting any available defenses.
9. Limitations of Liability; Disclaimer.
A. FUZZY DOOR TECH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH FUZZY DOOR TECH ENTITIES RELATING TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SERVICE AND ANYTHING RELATED TO, DONE, OR NOT DONE IN WHOLE OR IN PART IN RELIANCE UPON THE WHOLE OR ANY PART OF THE SERVICE) IS TO DISCONTINUE YOUR USE OF THE SERVICE; PROVIDED, THAT TO THE EXTENT THE FOREGOING IS UNENFORCEABLE UNDER APPLICABLE LAW, FUZZY DOOR TECH’S ENTIRE LIABILITY, UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) AND SIX (6) MONTHS OF FEES. IN NO EVENT WILL FUZZY DOOR TECH ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO THE SERVICE, ANY TOOLS, PLATFORMS, APPLICATIONS OR OTHER CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY CONTENT, DATA, INFORMATION, RESULTS OR ITEMS OBTAINED THROUGH THE SERVICE OR SUCH OTHER WEBSITES. THIS LIMITATION INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, AND LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FUZZY DOOR TECH ENTITIES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
B. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FUZZY DOOR TECH MAKES NO WARRANTY OF ANY KIND THAT THE SERVICE, OR RESULTS OF THE USE THEREOF, WILL: (I) MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, (II) OPERATE WITHOUT INTERRUPTION, (III) ACHIEVE ANY INTENDED RESULT, (IV) BE COMPATIBLE, WORK WITH OR CONTINUE TO WORK WITH OUTSIDE MATERIAL, OR (V) BE ERROR FREE. FUZZY DOOR TECH ASSUMES NO LIABILITY OR RESPONSIBILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM USE OF OR INABILITY TO USE THE SERVICE.
C. YOUR USE OF OUTPUT, INCLUDING GENERATED OUTPUT, IS AT YOUR SOLE RISK. FUZZY DOOR TECH DOES NOT WARRANT THAT ANY OUTPUT WILL BE ACCURATE, UNIQUE, ORIGINAL, NON-INFRINGING, LAWFUL, ERROR-FREE, SUITABLE FOR A PARTICULAR PURPOSE, COMMERCIALLY USABLE, ELIGIBLE FOR INTELLECTUAL PROPERTY PROTECTION, ACCEPTED BY A THIRD-PARTY PLATFORM, OR FREE OF UNEXPECTED OR OBJECTIONABLE MATERIAL. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ARE SOLELY RESPONSIBLE FOR, AND FUZZY DOOR TECH IS NOT RESPONSIBLE FOR, USER CONTENT, OUTPUT (INCLUDING GENERATED OUTPUT), OR FOR CLAIMS ARISING FROM THEM OR FROM ANYTHING YOU CHOOSE TO DO WITH THEM.
D. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FUZZY DOOR TECH WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE. WE STRIVE TO ENSURE RELIABLE UPTIME, BUT WE MAKE NO GUARANTEE OF AVAILABILITY FOR THE SERVICE. WE MAY INTEGRATE WITH THIRD-PARTY APPLICATIONS, WEBSITES, AND SERVICES THAT WE DO NOT CONTROL OR GUARANTEE.
E. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. YOU UNDERSTAND AND ACKNOWLEDGE THAT FUZZY DOOR TECH WOULD NOT BE ABLE TO PROVIDE THE SERVICE AND CONTENT THEREIN ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THE FOREGOING EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS OF WARRANTIES, LIABILITY, AND THAT ACCORDINGLY, SUCH EXCLUSIONS, LIMITATIONS, AND DISCLAIMERS REFLECT A REASONABLE ALLOCATION OF RISK UNDER THE CIRCUMSTANCES, AND WILL APPLY TO THE GREATEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
10. Termination; Account Deletion.
A. Termination. In addition to any other express termination right set forth in this Agreement, if Fuzzy Door Tech, in our sole discretion, determines that you or your use of the App or your User Content or Output violate the Agreement, Fuzzy Door Tech may take one or more of the following actions: (i) delete or otherwise restrict the prohibited User Content; (ii) terminate and delete your account along with all User Content and Output associated with that account held by Fuzzy Door Tech and its service providers (your User Content and Output stored on your own device will be unaffected); and/or; (iii) make a referral to appropriate third parties, such as government authorities or law enforcement. You agree that any termination of your access to the App permitted by this Agreement may be effected without prior notice and acknowledge and agree that we may immediately deactivate or delete your account, and all related information and files in your account and/or bar any further access to such files or the App. Fuzzy Door Tech may also suspend or restrict your account and/or access to some or all of the App functionalities where Fuzzy Door Tech reasonably believes this Agreement, applicable law, and/or third-party rights, have been violated, or where necessary to protect the Service or others.
B. Account Deletion. You may terminate your App account using available in-App account-deletion functionality. Account deletion removes the account and associated information from Fuzzy Door Tech-controlled systems, except information Fuzzy Door Tech is legally required or permitted to retain. User Content and Output you exported or saved outside the App (i.e. locally on your device) is not deleted. Deleting your Fuzzy Door Tech account does not itself cancel an Apple auto-renewable subscription. Apple billing may continue until you cancel the App subscription by following the Apple subscription cancellation process.
C. Effect of Termination. On expiration of your subscription or earlier termination of this Agreement, your right to use the App will also terminate, and you must cease all use of the App, except in the case of your voluntary early cancellation of your App subscription as described in Section 6C, in which case you may continue to use the App until expiration of your then-existing subscription. Termination will not affect your ongoing right to use your Output generated from the App which you downloaded locally to your device prior to expiration or termination. Sections 3, 5 - 9, 10C, 11 and 12 will survive any termination or expiration of this Agreement.
11. Arbitration; Jury Trial Waiver; Class Action Waiver.
A. Any legal controversy or legal claim arising out of or relating to this Agreement, the Service, or any use thereof, excluding legal action taken by us to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement, shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”). Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, CA, and in accordance with the “Governing Law” Section below. To the extent permitted by law, each party shall bear one-half of the arbitration fees and costs incurred through AAA, and each party shall bear its own attorneys’ fees.
B. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
C. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
12. Miscellaneous.
A. Entire Agreement. This Agreement constitutes the entire agreement between you and Fuzzy Door Tech with respect to the Service, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, concerning the Service.
B. Notices. Notices to you in connection with this Agreement will be sent to the email address associated with your account, through messaging within the App or through other legally permissible means. You consent to receive notice electronically including through the App. All notices to Fuzzy Door Tech in connection with the Agreement must be sent by email to busmgmt@viewscreen.com.
C. Force Majeure. We will not be liable for failures or delays in providing the Service, or other non-performance caused by events outside of our control, such as fires, telecommunications, utility, or power failures, equipment failures, supply chain issues, bank failures, changes in law, cyberattacks, denial of service attacks, labor strife, strikes, lockouts, riots, war, nonperformance of our vendors or suppliers, acts of God, pandemic or epidemic events.
D. Changes to the Agreement; Waiver. We may modify the Agreement (including policies or agreements referenced in this TOS) at any time, by posting a notice within the App, sending a notice to your registered email, and/or posting the most current version of this TOS to our Website with a new effective date. You are responsible for regularly reviewing the Website and App to obtain timely notice of changes. By continuing to use the Service after the changes to the TOS become effective, you agree to be bound by the new terms of the TOS. No failure to exercise, or delay in exercising, any right or remedy under this Agreement will operate as a waiver by Fuzzy Door Tech, and no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude Fuzzy Door Tech from any other or further exercise thereof or the exercise of any other right or remedy.
E. Changes to the Service. We may add, change, remove, replace, suspend, or permanently discontinue any functionality, feature, model, third-party provider, Credit requirement, usage limit, or other aspect of the Service at any time, modify or introduce limitations to features of the Service, including changes to Stock Materials (which may vary by plan type) or discontinue the App or Website (or any portion thereof) at any time, in each case, subject to applicable law, and without liability to you. In addition, Fuzzy Door Tech may impose or modify reasonable storage, file-size, processing, usage, or other technical limits on the App. If you have a paid subscription to the App and Fuzzy Door Tech discontinues the App during your subscription term, Fuzzy Door Tech will either provide you with a substantially similar Fuzzy Door Tech service or provide a pro-rata refund of fees prepaid for the remaining period of your subscription, as your sole remedy.
F. Severability. If any portion of the Agreement is held invalid, illegal, or unenforceable in any jurisdiction, it shall be construed to reflect the parties’ original intent, and the remaining portions shall remain in full force and effect.
G. Governing Law; Jurisdiction. This Agreement is governed by and construed in accordance with the internal laws of the State of California without regard to any conflict of law provisions. Any legal suit, action, or proceeding arising out of or related to this Agreement or the licenses granted hereunder not covered by the arbitration provisions, will be instituted exclusively in the federal or California state courts located in Los Angeles, CA, and you irrevocably submit to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
H. Assignment. You may not assign or transfer this Agreement or any of your rights or obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Fuzzy Door Tech. Fuzzy Door Tech may freely assign or transfer this Agreement without your consent. Any purported assignment or transfer in violation of this Section is null and void. No assignment, transfer, or delegation will relieve you of your obligations hereunder. This Agreement is binding upon and inures to the benefit of you and Fuzzy Door Tech and its permitted successors and assigns.
I. Questions, Complaints; California Rights. If you have any questions or complaints regarding the Service, please contact us at: support@viewscreen.com. Under California Civil Code §1789.3, users of the Service from California are entitled to the following specific notice: You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N‑112, Sacramento, CA 95834, or by calling (800) 952‑5210.
J. Terms Relating to Apple. This Agreement is between you and Fuzzy Door Tech, not Apple; Fuzzy Door Tech, not Apple, is responsible for the App (including the App downloaded from the Apple App Store) and its content; Apple has no obligation to provide maintenance or support for the App; Fuzzy Door Tech is responsible for applicable warranties and claims concerning the App; Fuzzy Door Tech, not Apple, is responsible for intellectual-property infringement claims relating to the App; to the extent that you use any other third-party products and services in connection with your use of the App, you agree to comply with all applicable terms of any agreement for such third-party products and services; and U.S. export/sanctions restrictions; and Apple and its subsidiaries are third-party beneficiaries of this TOS.
