Terms of Service

1. Acceptance of Terms

By downloading, installing, or using Submodus, developed by Gary Lee ("we," "us," or "our"), or by accessing our website (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Services.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

2. License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use our application for your personal, non-commercial use on devices that you own or control.

You may not:

• Copy, modify, or distribute the app or its content
• Reverse engineer, decompile, or disassemble the app
• Remove or alter any proprietary notices or labels
• Use the app for any unlawful purpose
• Transfer or sublicense your rights under this license
• Use the app in any way that could damage, disable, or impair the service
• Scrape, mine, or copy the content posted by creators on the app

3. Full Access Pass and In-App Purchases

Accessing content from creators in Submodus requires the purchase of a single full access pass.

Billing & Access

• All purchases are processed through the Apple App Store.
• Payment will be charged to your app store account at confirmation of purchase.
• The full access pass unlocks available images and videos from approved creators.

Refunds

Refund requests are handled by the Apple App Store. Please contact them directly for refund inquiries.

4. App Functionality and Content

Submodus allows you to view images and videos posted by creators approved by us. As a user, you do not have an account or profile. There are no social functions such as likes, comments, or direct messaging.

Features such as "following" creators and "favoriting" content operate entirely locally on your device.

We are not responsible for the loss of any locally stored preferences or favorites if you ever delete or reinstall the app.

5. Intellectual Property

All intellectual property rights in the Services, including but not limited to the app design, graphics, user interface, code, and content created by us, are owned by Submodus (Gary Lee). Content posted by approved creators is the intellectual property of those respective creators. These Terms do not grant you any rights to use our trademarks, logos, or other brand features, nor the right to distribute the content viewed within the app.

6. 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 be uninterrupted, secure, or error-free
• Defects will be corrected
• The Services are free of viruses or harmful components

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Indemnification

You agree to indemnify, defend, and hold harmless Submodus/Gary Lee from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.

9. Termination

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

• Your license to use the Services will immediately cease
• You must stop using the Services and delete any copies of our apps
• Provisions that by their nature should survive termination shall survive

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in that jurisdiction.

11. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

12. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the use of our Services and supersede any prior agreements.

13. App Store Additional Terms

If you downloaded our applications from the Apple App Store, the following additional terms apply:

• Acknowledgement: You acknowledge that these Terms are concluded between you and us only, and not with Apple, and we, not Apple, are solely responsible for the app and the content thereof.
• Scope of License: The license granted to you for the app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
• Maintenance and Support: We are solely responsible for providing any maintenance and support services with respect to the app. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the app.
• Warranty: We are solely responsible for any product warranties, whether express or implied by law. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app.
• Product Claims: You acknowledge that we, not Apple, are responsible for addressing any of your claims or any third party relating to the app or your possession and/or use of the app, including, but not limited to: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
• Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the app or your possession and use of the app infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

14. Contact Us

If you have any questions about these Terms, please visit:

submodus.com/contact