Terms of Service

Welcome to StarClimber

These Terms of Service ("Terms") govern your access to and use of the StarClimber mobile application and website (the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

Using StarClimber

StarClimber provides a platform for parents to create and track goal charts, behaviors, and strategies for their children. You must be at least 18 years old to create an account and use our Services.

To use certain features of our Services, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Subscription and Payments

StarClimber offers a 2-week free trial, after which a 99 cent monthly subscription fee will be charged. By subscribing to our Services, you authorize us to charge the payment method associated with your account on a recurring basis.

You can cancel your subscription at any time through your app store account settings. If you cancel, you will continue to have access to the Services until the end of your current billing period, but you will not receive a refund for any previously charged fees.

We reserve the right to change our subscription fees upon reasonable notice. Any changes will be communicated to you in advance.

User Content

Our Services allow you to create, upload, and share content, such as goals, rewards, behavioral tracking, and strategy notes ("User Content"). You retain all rights to your User Content, but you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, and store your User Content in connection with operating and providing our Services.

You are solely responsible for your User Content and represent that you have all necessary rights to grant us the license described above. You also represent that your User Content, and our use of your User Content, will not infringe or violate any third-party rights.

Prohibited Conduct

You agree not to:

• Use the Services in any way that violates any applicable law or regulation
• Attempt to gain unauthorized access to any part of the Services
• Interfere with or disrupt the integrity or performance of the Services
• Use the Services to send unsolicited communications
• Use the Services for any harmful, fraudulent, or illegal activities
• Collect or store personal information about other users without their consent

Intellectual Property

The Services and all content, features, and functionality thereof (including but not limited to all information, software, text, displays, images, and audio) are owned by StarClimber or its licensors and are protected by copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL STARCLIMBER BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICES.

Indemnification

You agree to defend, indemnify, and hold harmless StarClimber and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

Termination

We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.

Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised Terms.