Terms of Service

Last Updated: May 2026

Effective Date: May 2026

These Terms of Service ("Terms") form a binding legal agreement between you and Huzzah ("Huzzah," "we," "us," or "our"), governing your access to and use of the Huzzah mobile application and all related services (the "App"). Please read these Terms carefully. By creating an account, by tapping "I agree" at signup, or by using the App in any way, you accept these Terms in full. If you do not agree, do not use the App.

These Terms incorporate by reference our Privacy Policy and Community Guidelines, both of which are part of your agreement with us.

Sections written in BLOCK CAPITALS contain important disclaimers, liability limitations, and dispute-resolution provisions. Please read those sections especially carefully.

1. ELIGIBILITY

1.1 Minimum Age. You must be at least 13 years old to create or use a Huzzah account. By signing up you represent that your date of birth is accurate and that you are at least 13. We collect date of birth at signup and reject any account whose DOB makes the user under 13. If we later discover that an existing account was created by a user under 13, we will terminate it and delete all associated data in accordance with COPPA (see Privacy Policy Section 9).

1.2 Teens (13–17). If you are between 13 and 17 you may use Huzzah only if you have the consent of your parent or legal guardian. By using Huzzah, users in this age range represent and warrant that they have obtained such consent. Certain settings on under-18 accounts (no personalized advertising, mandatory quiet hours) and on under-16 accounts (no streak-reminder push notifications) are locked on the server and cannot be changed by the minor user. These locks reflect our compliance obligations under U.S. state laws (Florida HB 3, Texas SCOPE Act, Utah SMRA, New York SAFE for Kids Act, California AADC and SB 976) and EU/UK laws (DSA Art. 28, GDPR Art. 8, UK Age Appropriate Design Code).

1.3 Banned or Suspended Users. You may not create an account if your prior Huzzah account was suspended or permanently terminated, unless we have expressly invited you back.

1.4 Geographic Eligibility. Huzzah may not be available in all countries. Where it is available, we may decline to provide service to users in jurisdictions where doing so would violate U.S. law (e.g. comprehensive U.S. trade sanctions).

1.5 Capacity. By accepting these Terms you represent that you have the legal capacity to do so (either by being an adult or by having parental consent if you are a minor).

1.6 No Use for Unlawful Purposes. You may use the App only for lawful purposes. If your jurisdiction prohibits any feature of the App, you must not use that feature.

2. THE SERVICE

2.1 What Huzzah Is. Huzzah is a daily-prompt photo-sharing social network. Once per day a new creative prompt is published. Each user has approximately 24 hours to capture and submit one photo ("shot") interpreting that prompt. After submitting, the user can see how other users interpreted the same prompt. The App also includes profile pages, friending/following, direct messaging, content reposting, post analytics (for Pro subscribers), and an invite-based referral program.

2.2 No Guaranteed Availability. The App is provided on a best-efforts basis. We do not guarantee uninterrupted availability, error-free operation, or any particular feature or content.

2.3 Modifications. We reserve the right to add, modify, suspend, or discontinue any aspect of the App at any time, with or without notice. For material changes affecting paid features, we will give reasonable advance notice and (where applicable) a refund or credit option.

2.4 Feature Eligibility. Some features are restricted by age (e.g. ads personalization opt-out is disabled for under-18), by subscription tier (Huzzah Pro features), or by account standing (suspended accounts cannot post). We may roll out experimental features to subsets of users without notice.

2.5 Server-Side Logic. Many App features rely on server-side cron jobs and triggers, including the daily prompt release, automated moderation, push notifications, retention cleanups, suspension enforcement, and rate limiting. We may modify the timing and behavior of these server-side processes at any time.

3. YOUR ACCOUNT

3.1 One Account Per Person. You may maintain only one Huzzah account. Creating multiple accounts ("alts"), creating accounts on behalf of others without their authorization, or creating accounts to evade a previous suspension is prohibited and grounds for immediate termination.

3.2 Account Identification. Your account is identified by your phone number, which we verify by SMS one-time password at signup. We do not support email-based or social-login authentication. You are responsible for maintaining control of your phone number and for keeping your iOS device secure (passcode, biometric lock, "Find My").

3.3 Username, Display Name, and Avatar. Usernames are 3–20 characters of lowercase letters, numbers, underscores, and periods. Display names are up to 50 characters. Avatars must comply with our Community Guidelines (no nudity, hate symbols, etc.). We reserve the right to reclaim, reassign, or remove usernames, display names, and avatars that violate these Terms or our Community Guidelines, that impersonate brands or other users, that are squatting on inactive accounts, or that would otherwise be deemed inappropriate. Username changes are limited to once every 30 days, display name changes to once every 7 days, avatar changes to once every 24 hours.

3.4 Profile Information. Bio (≤150 chars), location, education, work, school, website link, astrological sign, and interests are all optional and editable. All profile fields are length-limited and subject to our content filter.

3.5 Date of Birth Lock. Once you submit a date of birth at signup it is locked and cannot be modified through the App. If you entered your DOB incorrectly, contact huzzahapp@yahoo.com.

3.6 Phone Number Lock. Your phone number is set at signup and cannot be modified through the App. If you change phone numbers and need to update your account, contact huzzahapp@yahoo.com.

3.7 Account Activity. You are responsible for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at huzzahapp@yahoo.com if you suspect unauthorized access.

3.8 Accuracy. You agree to provide accurate, current, and complete information at signup and to keep your profile information accurate.

4. THE CORE EXPERIENCE: ONE SHOT, ONE PROMPT

4.1 Daily Prompt. A new prompt is published each day at a fixed UTC time. The same prompt is shown to all users worldwide. The prompt remains active until 12:00 UTC the next day; after that, the prompt is closed and you can no longer submit to it. You can submit to the current prompt at any time during its active window.

4.2 One Submission Per Prompt. You may submit only one photo per prompt. After submitting, you can see how other users interpreted the same prompt. This is the core game mechanic of Huzzah.

4.3 Retakes. You may retake your shot, which fully replaces the prior submission. Retaking deletes all data associated with the prior submission — likes, comments, views, tagged users, shares, and engagement counts. Retakes are irreversible. Retakes are available to:

• Huzzah Pro subscribers (unlimited).

• Users with earned free-retake credit (1 retake credit per 3 unique invited phone numbers that turn into actual Huzzah accounts).

• Users who make a one-time in-app purchase of a single retake (product `com.huzzah.retry`).

4.4 Submission Visibility. At post time you choose visibility: Everyone, Friends, Followers, or Only Me. Visibility is enforced by Row-Level Security in our database. You can edit a submission's caption, location, song, tags, and visibility, but not its underlying image (use Retake instead). Submissions that have been hidden by automated moderation cannot be unhidden by you.

4.5 Tagging. The post owner may tag up to a reasonable number of other users in their submission (rate-limited to 30 tags per post per hour). Tagged users cannot self-untag through the App; if you wish to be untagged, contact the poster, block them, or report the post.

4.6 Location. You may optionally attach a coarse-grained location (city/state level) to your post. Location data is stored permanently with the submission and is visible to anyone who can see the underlying post.

4.7 Music. You may attach an Apple Music song to your post. We store song metadata (title, artist, song ID) but no streaming licence is granted; the song link opens in Apple Music when tapped.

4.8 Watermarking on External Share. When you share a submission to an external app (Instagram Stories, Snapchat, etc.), the App applies an on-device watermark (Huzzah logo, your username, prompt text) to the exported copy. Your original submission stored on our servers is not modified.

4.9 Streaks. Consecutive days of posting accumulate into a streak; missing a day resets the current streak (longest streak is preserved as a personal record). Streaks may be shown on your profile unless you hide them (or unless you are under 16, in which case streaks default to hidden).

5. USER CONTENT

5.1 Definition. "User Content" means anything you submit, upload, post, or otherwise make available through the App, including photos, captions, comments, messages, tags, songs, location metadata, profile information, reports, and any other content.

5.2 Ownership. You retain ownership of your User Content. Huzzah does not claim any ownership rights to User Content.

5.3 Licence to Huzzah. By submitting User Content, you grant Huzzah a worldwide, non-exclusive, royalty-free, sublicensable (only to the providers in Section 5.4), transferable (only in connection with a corporate transaction described in Section 14.6) licence to host, store, transmit, display, reproduce, modify (only as necessary for storage, format conversion, thumbnailing, moderation, and watermarking), and distribute the User Content for the limited purpose of operating, providing, and improving the App. This licence extends only to features described in the App and our Privacy Policy. The licence terminates when you delete the User Content or your account, except for (a) reasonable retention in backup systems, (b) anonymized or aggregated data already derived, and (c) content we are required by law to preserve.

5.4 Sub-licence to Service Providers. The licence in 5.3 includes the right for Huzzah to share your User Content with Supabase (storage and database), Amazon Web Services (for image moderation), Apple (for App Store and operating-system services), Cloudflare (for network protection), and any successor providers performing equivalent functions. None of these providers acquires any independent right to use your User Content.

5.5 Licence to Other Users. By posting User Content with a visibility setting other than "Only Me," you grant other Huzzah users the right to view, like, comment on, repost, and share-internally-via-DM your User Content within the App. This in-app licence terminates when the underlying User Content is removed (by you, by retaking, by moderation, or by account deletion).

5.6 Representations and Warranties. By submitting User Content, you represent and warrant that:

• You own or have all necessary rights, permissions, and licences to submit the User Content and to grant the licences in 5.3 and 5.5.

• Your User Content does not infringe any third party's intellectual property, privacy, publicity, contract, or other right.

• You have obtained any necessary consent from individuals depicted in or identifiable from your User Content.

• Your User Content complies with these Terms, our Community Guidelines, and all applicable laws.

• Your User Content does not contain any material that is unlawful, harmful, defamatory, obscene, hateful, harassing, threatening, an invasion of privacy, an infringement of intellectual property, or otherwise prohibited under Section 6.

5.7 No Obligation to Pre-Screen. We do not pre-screen User Content before it is posted, though we run automated moderation immediately after upload (Section 7) and we may remove or hide User Content at any time without notice. We are not responsible for User Content posted by other users.

5.8 Removal at Our Discretion. We may remove or hide any User Content for any reason consistent with these Terms or our Community Guidelines, including for safety, legal, or operational reasons.

5.9 Image Storage. Your submissions are stored in the private `submissions` storage bucket on Supabase. Avatars are stored in the public `avatars` bucket (publicly readable). You retain ownership; we maintain the licence described above as long as the content is on the platform.

6. PROHIBITED CONTENT AND BEHAVIOR

You agree not to post User Content or engage in conduct that falls into any of the categories below. This list is non-exhaustive; behavior or content that is otherwise harmful or violates our Community Guidelines is also prohibited.

6.1 Illegal Content. Content that is unlawful or promotes any illegal activity, including but not limited to: child sexual abuse material (CSAM); content that promotes, glorifies, or sells illegal drugs, weapons, or counterfeit goods; content that infringes intellectual property; content that violates export-control or sanctions laws.

6.2 Child Safety Violations. We have zero tolerance for content that sexualizes, exploits, or endangers minors in any way. Content depicting or implying CSAM will be removed, the account permanently suspended, the image deleted from storage, and the incident reported to NCMEC as required by 18 U.S.C. § 2258A. We will cooperate with law enforcement.

6.3 Sexual Content. No nudity, sexual content, pornography, sexually suggestive content involving minors, or solicitation of sexual content.

6.4 Violence and Threats. No content depicting graphic violence, gore, or self-harm. No credible threats of violence, harm, or intimidation. No promotion or glorification of violence. No content celebrating mass-casualty events. No "joke" school-shooting or terror references — the server-side content filter blocks these explicitly.

6.5 Hate Speech. No content that promotes hatred, dehumanization, or violence against people based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, medical condition, age, immigration status, caste, or socioeconomic status. This includes slurs, dehumanizing language, hate symbols, and "joke" hate framed for plausible deniability.

6.6 Harassment and Bullying. No targeting individuals or groups with cruel, mocking, degrading, or threatening language. No coordinated harassment campaigns. No brigading. No "exposing" or "drag" content designed to incite pile-ons. Constructive disagreement is fine; cruelty is not.

6.7 Doxxing. No sharing of another person's private information without their consent, including home address, workplace, school, employer, real legal name, phone number, email, financial information, government ID numbers, license plate, social security number, or similar information. The content filter blocks the most common doxxing-incitement phrases.

6.8 Self-Harm and Suicide Promotion. No content that promotes, glorifies, instructs, or encourages self-harm, suicide, or eating disorders. No "pro-ana" or "pro-mia" content. The phrases "kys" / "kill yourself" / "kill urself" are filtered and prohibited. If you or someone you know is in crisis, please contact local emergency services or a crisis helpline (in the U.S.: 988 Suicide & Crisis Lifeline, available 24/7).

6.9 Dangerous Challenges. No content that depicts or encourages dangerous challenges, stunts, or activities likely to result in injury.

6.10 Impersonation. No impersonating any person, brand, or entity. No claiming to be a Huzzah employee, moderator, or representative.

6.11 Spam. No spam, junk content, repetitive low-quality posts, automated content, or engagement manipulation (buying likes, using bots, coordinated liking/commenting/follow rings).

6.12 Misleading or Deceptive Content. No intentionally false, misleading, or deceptive content designed to harm others. No deepfakes of real people that could be mistaken for genuine. No coordinated misinformation campaigns.

6.13 Malware and Security Exploits. No content containing malware, viruses, exploit code, phishing links, or other harmful technical payloads.

6.14 IP Infringement. No content that infringes copyright, trademark, patent, trade secret, or other intellectual property rights. (See Section 9 for our DMCA procedure.)

6.15 Hate Symbols. No hate symbols, swastikas (outside of clearly educational/historical context that complies with these Terms), or coded white-supremacist imagery.

6.16 Reverse Engineering. No reverse-engineering, decompiling, disassembling, or attempting to derive source code from any part of the App, except to the extent such restriction is prohibited by applicable law.

6.17 Scraping. No use of robots, spiders, scrapers, or other automated means to access or extract data from the App, except for normal account activity through the official App.

6.18 Unauthorized Access. No attempting to gain unauthorized access to other users' accounts, our backend systems, or any data not made available to you through the App's normal functioning.

6.19 Interference. No interfering with or disrupting the App or its servers, including by overloading, flooding, spamming, mail-bombing, or crashing.

6.20 Bypassing Rate Limits and Security. No bypassing or attempting to bypass any rate limit, content filter, age check, lock, or other security or moderation control. The server-side rate limits and content filter are designed to be tamper-proof; attempting to evade them (whether by client modification, automation, alt accounts, or otherwise) is grounds for immediate termination.

6.21 Block Evasion. No use of alt accounts, intermediaries, or third parties to communicate with users who have blocked you.

6.22 Underage Solicitation. No adult should attempt to initiate private communication with a user known or suspected to be a minor outside an existing real-world relationship (family, school, etc.). Adults DM-ing teens unsolicited is grounds for immediate suspension.

6.23 Commercial Exploitation. No use of the App for unsolicited commercial purposes, no selling Huzzah accounts, no offering paid promotion outside of our official `com.huzzah.promote` in-app purchase, no soliciting payments off-platform from other Huzzah users.

6.24 Confidentiality of Communications. You may not record, screenshot-and-republish, or otherwise disseminate private communications received from other users without their consent, except for the purpose of reporting a violation to Huzzah or to appropriate authorities.

6.25 False Reports. Submitting false or frivolous reports is itself a violation of these Terms and may result in account action.

6.26 Coordinated Manipulation. No coordinated inauthentic behavior, including coordinated brigading, mass-reporting of legitimate content, fake engagement rings, or astroturfing.

6.27 Catch-All. Any other behavior that, in our reasonable judgment, harms Huzzah, our users, or third parties.

7. AUTOMATED AND COMMUNITY MODERATION

7.1 Automated Content Filtering. The App applies a client-side content filter on captions, comments, messages, and profile fields before sending them to our servers. Our backend applies an independent server-side filter on the same fields; the server filter cannot be bypassed by a tampered client because it is enforced as a PostgreSQL trigger that raises an exception preventing the row from being inserted.

7.2 Automated Image Moderation. Every image you submit is run through AWS Rekognition within seconds of upload. Detection thresholds and consequences are described in the Privacy Policy Section 6.3 and 8.4. CSAM-indicating images (nudity + estimated age under 18) result in immediate permanent suspension, image deletion, and NCMEC reporting per 18 U.S.C. § 2258A.

7.3 Community Reports. Users may report content and accounts. Reports filed by very new accounts are discounted (reporter must be ≥24 hours old to report posts and ≥7 days old to report accounts) to defang fresh-account brigading. Reports accumulate in rolling windows: 30 days for posts and accounts, 14 days for comments. When the count exceeds an engagement-scaled threshold, automated action follows (see Section 8.3 of the Privacy Policy).

7.4 Suspension Ladder. The first auto-issued account suspension is 1 day; the second is 7 days; the third is 30 days; the fourth and beyond is permanent. Severe violations (CSAM, terrorism, credible threats) bypass the ladder and result in immediate permanent suspension.

7.5 Effect of Suspension. While suspended, your account cannot post, comment, message, like, share, or otherwise interact with the App. Your existing content remains stored but is hidden from other users. Your profile shows as suspended. Pushes addressed to your suspended account are suppressed. On suspension expiry (for temporary suspensions), your account is automatically reinstated.

7.6 Appeals. Suspension and content-removal decisions may be appealed by emailing huzzahapp@yahoo.com with your username and an explanation. We aim to respond within 7 business days. Permanently suspended accounts have 90 days to appeal before their data is eligible for deletion.

7.7 Discretion. We retain sole discretion to issue, modify, or reverse moderation actions. We may take action faster, slower, or differently than the automated thresholds described above when the circumstances warrant.

7.8 No Liability for Moderation. We are not liable for moderation decisions made in good faith, including for content removal, account suspension, account termination, or the consequences of any of these actions. See Section 12 (limitation of liability).

8. RATE LIMITS

The App enforces server-side rate limits on virtually every write operation. The full list is in the Privacy Policy Section 13. Exceeding a rate limit produces a temporary rejection; persistent attempts to exceed rate limits or to evade them may result in account action.

9. INTELLECTUAL PROPERTY

9.1 Huzzah's IP. The App — including its source code, design, graphics, logos, button icons, images, sounds, data compilations, branding, the "Huzzah" name, the aperture logo, the prompt-writing concept and delivery system, and all other intellectual property — is owned by or licensed to Huzzah and is protected by copyright, trademark, trade dress, patent, and other intellectual property laws. Except for the limited rights expressly granted in these Terms, all rights are reserved.

9.2 Limited Licence to You. We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable licence to install and use the App on your personal Apple-branded devices for personal, non-commercial purposes, subject to these Terms. This licence terminates automatically on account termination.

9.3 Trademark. "Huzzah" and the Huzzah logo are trademarks. You may not use them without our prior written permission, except for nominative fair use (e.g. "I'm on Huzzah, you should join").

9.4 DMCA — Copyright Infringement Notification. If you believe that User Content on Huzzah infringes your copyright, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. To be effective, your notice must include:

a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner.

b. Identification of the copyrighted work claimed to have been infringed.

c. Identification of the material that is claimed to be infringing, with sufficient information to permit us to locate it (including a direct link or screenshot).

d. Your contact information (name, address, phone, email).

e. A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

f. A statement, under penalty of perjury, that the information in your notification is accurate and that you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: huzzahapp@yahoo.com, subject "DMCA Notice." Our Designated Agent for DMCA purposes is the developer of Huzzah, contactable at the same email.

9.5 DMCA Counter-Notification. If your content was removed under a DMCA notice and you believe the removal was in error, you may submit a counter-notification including:

a. Your physical or electronic signature.

b. Identification of the material removed and its prior location.

c. A statement, under penalty of perjury, that you have a good-faith belief that the material was removed as a result of mistake or misidentification.

d. Your contact information and a statement consenting to the jurisdiction of the federal district court for the judicial district in which you live (or, if outside the U.S., for any judicial district in which we are located), and that you will accept service of process from the person who submitted the original DMCA notice or their agent.

9.6 Repeat Infringers. We will terminate the accounts of users who, in our judgment, are repeat infringers of copyright.

9.7 Feedback. If you submit suggestions or feedback about the App, you grant us a perpetual, irrevocable, royalty-free licence to use that feedback for any purpose, without obligation of confidentiality, attribution, or compensation.

10. PURCHASES AND SUBSCRIPTIONS

10.1 In-App Purchases. The App offers (a) Huzzah Pro monthly subscription (`com.huzzah.pro.monthly`), (b) Huzzah Pro yearly subscription (`com.huzzah.pro.yearly`), (c) single retake (`com.huzzah.retry`), (d) post promotion (`com.huzzah.promote`). All purchases are processed by Apple through the App Store under your Apple ID.

10.2 Pro Features. Huzzah Pro includes: ad-free experience, unlimited retakes, post analytics (views/likes/comments/shares/saves/reposts/engagement rate), profile-viewer insights including identification of recent viewers, post promotion eligibility, and any future Pro-exclusive features we add.

10.3 Auto-Renewal. Subscriptions auto-renew at the end of each billing period (monthly or yearly) unless cancelled at least 24 hours before the renewal. You can manage and cancel subscriptions at any time in your Apple ID account settings (Settings → [your name] → Subscriptions on iOS).

10.4 Free Trial. If we offer a free trial, it converts automatically to a paid subscription at the end of the trial period unless cancelled at least 24 hours before the trial ends.

10.5 Pricing. Prices are set on the App Store and may vary by region. We reserve the right to change pricing prospectively. Price changes do not affect already-paid subscription periods. Where required by law, we will obtain your explicit consent before billing you at a new price.

10.6 Apple Refunds. All purchases are subject to Apple's refund policies. For refund requests, contact Apple Support (https://reportaproblem.apple.com). We cannot process refunds directly.

10.7 Pro Status Reconciliation. Your Pro status is tracked both server-side (in `profiles.is_pro` and `profiles.pro_expires_at`) and verified periodically against your Apple entitlements. If a discrepancy is detected, we reconcile in favor of the more conservative source: if Apple shows no active subscription, we revoke server Pro status even if it had not yet expired by our records.

10.8 Restore Purchases. You can restore previous purchases at any time via the in-app "Restore Purchases" function or by re-installing the App while logged into the same Apple ID.

10.9 Account Deletion and Subscriptions. Deleting your Huzzah account does NOT cancel your Apple subscription. Cancel the subscription separately through Apple before or after deletion to avoid further charges.

10.10 In-App Purchase Currency. Retakes and promotions are non-refundable consumables. Once redeemed, they cannot be returned. Pro is a subscription; refunds are at Apple's discretion.

11. WARRANTIES DISCLAIMER

11.1 THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

11.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

11.3 WE DO NOT WARRANT THAT THE APP WILL: BE AVAILABLE WITHOUT INTERRUPTION OR ERROR; BE SECURE OR FREE FROM ATTACK; BE FREE FROM BUGS; YIELD ANY PARTICULAR RESULT FOR YOU; PRODUCE ANY PARTICULAR LEVEL OF ENGAGEMENT, FOLLOWERS, OR VISIBILITY; OPERATE WITH ANY PARTICULAR HARDWARE OR SOFTWARE.

11.4 WE ARE NOT RESPONSIBLE FOR USER CONTENT POSTED BY OTHER USERS OR FOR THIRD-PARTY SERVICES INTEGRATED INTO THE APP.

11.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. THE EXCLUSIONS IN THIS SECTION APPLY ONLY TO THE EXTENT PERMITTED BY LAW.

12. LIMITATION OF LIABILITY

12.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HUZZAH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, RELIANCE, OR LOST-PROFITS DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (B) ONE HUNDRED U.S. DOLLARS ($100).

12.3 SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES. WHERE LAW PROHIBITS ANY PART OF SECTION 12, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED.

12.4 THE LIMITATIONS IN SECTIONS 11 AND 12 ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HUZZAH AND APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. INDEMNIFICATION

13.1 You agree to indemnify, defend, and hold harmless Huzzah, its officers, directors, employees, agents, affiliates, licensors, and service providers from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

a. Your User Content;

b. Your use of the App;

c. Your violation of these Terms;

d. Your violation of any law, regulation, or third-party right;

e. Any dispute between you and another user;

f. Any false or misleading information you provide.

13.2 We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

14. TERMINATION

14.1 By You. You may terminate your account at any time via Settings → Other → Delete Account. Termination is irreversible.

14.2 By Us. We may suspend or terminate your account at any time, with or without cause and with or without notice, including but not limited to: violation of these Terms, violation of our Community Guidelines, fraud, abuse, harmful conduct, legal compliance, or business reasons.

14.3 Effect of Termination. Upon termination: your licence to the App ends; we will delete your data in accordance with the Privacy Policy Section 7; any outstanding obligations (including indemnification obligations and surviving provisions) remain in effect.

14.4 Survival. The following sections survive termination: 5.3 (licence retained as needed for backups and legal preservation), 6 (prohibited content), 9 (intellectual property), 11 (disclaimers), 12 (limitation of liability), 13 (indemnification), 15 (dispute resolution), 16 (general provisions), and any other provisions that by their nature should survive.

14.5 No Refund on Termination. If we terminate your account for cause, you are not entitled to any refund of pre-paid fees.

14.6 Business Transfer. We may assign these Terms (in whole or in part), and any rights or obligations under them, to a successor in a merger, acquisition, asset sale, reorganization, or similar transaction. You may not assign these Terms.

15. DISPUTE RESOLUTION

15.1 Informal Resolution First. Before initiating any formal proceeding, you agree to contact us at huzzahapp@yahoo.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Governing Law. These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Nothing in this section deprives consumers of mandatory protections of the law of their place of residence.

15.3 ARBITRATION AGREEMENT. PLEASE READ CAREFULLY. SUBJECT TO LIMITED EXCEPTIONS, YOU AND HUZZAH AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP WILL BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be conducted in English. Arbitration hearings of less than $25,000 in controversy will be conducted by telephone or video unless you elect an in-person hearing. The arbitrator may award the same relief that would be available in court. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Each party will bear its own costs and attorneys' fees except where applicable law provides otherwise.

15.4 CLASS ACTION WAIVER. YOU AND HUZZAH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

15.5 Opt-Out of Arbitration. You may opt out of the arbitration agreement in Section 15.3 by sending us a written notice within 30 days of first accepting these Terms, to huzzahapp@yahoo.com with subject "Arbitration Opt-Out" and including your username, phone number, and a clear statement that you wish to opt out.

15.6 Exceptions. Notwithstanding the agreement to arbitrate, either party may (a) bring an individual claim in small-claims court, (b) pursue injunctive or equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights, or (c) bring any claim that applicable law makes non-arbitrable.

15.7 Severability of Arbitration Agreement. If any portion of the arbitration agreement is found unenforceable, the remainder will be enforced. If the class-action waiver is found unenforceable, the entire arbitration agreement is null and void for the dispute in question.

15.8 Venue for Non-Arbitrable Claims. For any dispute not subject to arbitration, you and Huzzah submit to the exclusive jurisdiction of the state and federal courts located in Delaware.

16. GENERAL PROVISIONS

16.1 Entire Agreement. These Terms, the Privacy Policy, and the Community Guidelines constitute the entire agreement between you and Huzzah concerning the App and supersede all prior or contemporaneous agreements.

16.2 No Waiver. Our failure to enforce any provision is not a waiver of that provision.

16.3 Severability. If any provision is found invalid, the remaining provisions remain in full force.

16.4 No Third-Party Beneficiaries. Except for the limited rights expressly granted to our service providers in Section 5.4, there are no third-party beneficiaries to these Terms.

16.5 Notices. We may send notices to you via the App, push notification, or in-app banner. You may send notices to us at huzzahapp@yahoo.com.

16.6 Force Majeure. We are not liable for any failure or delay caused by circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, riots, embargoes, governmental actions, fire, floods, pandemics, strikes, internet outages, or third-party service disruptions.

16.7 Headings. Section headings are for convenience and have no contractual effect.

16.8 Interpretation. The words "include," "includes," and "including" are not limiting. The word "or" is inclusive (and/or).

16.9 Government Users. The App is "Commercial Computer Software" under FAR 12.212 and DFARS 227.7202. Government use is subject to these Terms.

16.10 Apple-Specific Terms (Acknowledged on iOS). You acknowledge that these Terms are between you and Huzzah, not Apple; that Apple has no obligation to provide maintenance or support; that in the event of failure of the App to conform to any applicable warranty, you may notify Apple and Apple may refund the purchase price, but otherwise Apple has no warranty obligation; that Apple is not responsible for addressing any claims relating to the App; that in the event of any third-party claim that the App or your use of it infringes intellectual property rights, Huzzah (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of such claim; that Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to your status as an end user; that you will comply with all U.S. export laws.

17. CHANGES TO THESE TERMS

We may modify these Terms at any time. For material changes, we will provide reasonable advance notice via in-app banner, push notification, or both. The "Last Updated" date at the top of these Terms reflects the most recent revision. Your continued use of the App after a non-material change is published constitutes your acceptance of the revised Terms; for material changes, you must accept the new Terms (or stop using the App) before further use.

If you do not agree to a material change, your only remedy is to stop using the App and delete your account.

18. CONTACT

Email: huzzahapp@yahoo.com

Subject lines: "Support" (general), "DMCA Notice" (copyright), "Arbitration Opt-Out," "Law Enforcement," "Parent Request," "Business Inquiry," or "Bug Report."