Terms of Use
These Terms of Use apply from January 1, 2024.
Welcome to the Armoona's Terms of Use (“Terms of Use”). These Terms of Use apply between you and Armoona, Inc., 251 Little Falls Drive, Wilmington, DE 19808, USA.
The terms (“us”, “we”, or “Armoona”) refer to Armoona, Inc.
Please note that Section 14 of this Agreement contains a binding arbitration clause and a class action waiver that affect how disputes are resolved.
- Acceptance of Terms of Use Agreement
- Eligibility
- Be at least 18 years of age; and
- Be legally able to form a binding contract with Armoona; and
- Be permitted to use the Service under the laws of the United States or any other applicable jurisdiction; and
- Agree to comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations; and
- Have never been convicted of a felony or indictable offense, a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any state, federal, or local sex offender registry.
- Your Account
- Modifying the Service and Termination
- Interactions with Other Users
- Rights Granted by Armoona
- Reproduce, modify, transmit, create derivative works from, or otherwise utilize any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information accessible through the Service without obtaining Armoona’s prior written consent.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or disassemble any portion of the Service, or cause others to do so.
- Use the Service or its content for commercial purposes without our prior written consent.
- Employ automated or manual means to access, retrieve, index, or manipulate the Service's structure, presentation or content.
- Disrupt or harm the Service, its servers, or networks.
- Promote or encourage activities violating this Agreement.
- Rights Granted to Armoona
- You grant Armoona a worldwide, transferable, non-exclusive, perpetual, sub-licensable, royalty-free license to use any information that you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”) in any way (including, without limitation, storing, transmitting, copying, adapting, translating, editing, modifying, creating derivative works from, advertising, displaying, publishing, distributing to the general public). Our license to your Content is subject to your rights under applicable law and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
- You agree that your Content is accurate and truthful.
- You represent and warrant that you have all the necessary rights to post your Content on the Service and grant Armoona the license as described above.
- You grant Armoona the authority to act on your behalf against unauthorized use of your Content outside the Service. This includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices).
- You agree that Armoona may monitor, review, and remove any Content that violates, in our sole judgement, this Agreement or harms the Service's reputation.
- Your agree that Armoona may access, store, and disclose your account information and Content when required by law, to fulfill our contractual obligations, or in good faith belief that such access, storage or disclosure is in our legitimate interest.
- You agree to be respectful to our customer service representatives and other employees.
- Community Rules
- Follow the law and this Agreement.
- Use the Service responsibly, without harming Armoona.
- Adhere to our Community Guidelines.
- Avoid spam, fraud, commercial and harmful activities.
- Not impersonate others or share their images without consent.
- Respect others: no bullying, harassment, or defamation.
- Not violate rights like privacy, copyright, or trademarks.
- Keep content appropriate: no hate speech, violence, or nudity.
- Refrain from promoting harm or requesting personal info unlawfully.
- Use only one account and will not create new ones if banned by us.
- Other Users' Content
- Purchases
- Copyright Infringement Claims Procedure
- A valid signature, either physical or electronic, of someone authorized to act on the copyright owner's behalf;
- Identification of the copyrighted work that you claim has been infringed or a representative list if multiple works are involved;
- Clear identification of the alleged infringing material and sufficiently precise information to help locate it on the Service;
- Your contact information, including address, phone number, and email, and the copyright owner’s identity;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the behalf of the copyright owner.
- Disclaimer
- Limitation of Liability
- Arbitration, Class-Action Waiver, and Jury Waiver
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The sole method for resolving any dispute or claim arising out of or relating to this Agreement (including alleged breaches thereof) or the Service is through BINDING ARBITRATION conducted by JAMS under their Streamlined Arbitration Rules & Procedures, except as modified by Section 14.3 below. The only exception to exclusive arbitration is the right of either party to bring an individual claim against the other in a small claims court of competent jurisdiction. Arbitrations are typically conducted via written submissions, unless you or Armoona choose an oral hearing before the arbitrator. Whether opting for arbitration or small claims court, you agree that you will not under any circumstances commence, maintain, or participate in any class action, class arbitration, or representative action or proceeding against Armoona.
By using the Service, you agree to this arbitration agreement, thereby FORFEITING YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Armoona, except for matters eligible for small claims court. YOU ALSO FORFEIT YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Outside of small claims court, a neutral arbitrator, not a judge or jury, will resolve any claims against Armoona, including decisions about the dispute's arbitrability. You are entitled to a fair hearing before the arbitrator, who can generally grant any relief a court can.
If this arbitration agreement is for any reason held to be unenforceable, you agree that any litigation against Armoona (excluding small-claims court cases) may be commenced only in federal or state courts in New Castle County, Delaware.
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ARBITRATION PROCESS: Before starting the arbitration process, please consider resolving your complaint directly with Armoona. It would be friendlier, cheaper, and faster this way. You can reach us by mail at Armoona, Legal Department, 251 Little Falls Drive, Wilmington, DE 19808, USA.
The arbitration process is administered by JAMS under their Streamlined Arbitration Rules & Procedures: https://www.jamsadr.com/rules-streamlined-arbitration/.
To initiate arbitration against Armoona, submit your case to JAMS, and send a copy by mail to Armoona, Legal Department, 251 Little Falls Drive, Wilmington, DE 19808, USA. To submit your case to JAMS, visit https://www.jamsadr.com/submit/.
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Communication: Whenever communicating with the arbitrator, the parties must include each other. Ex parte communications are not permitted with the arbitrator. To the extent practicable, conferences with the arbitrator will take place by telephone conference call or by email.
Confidentiality: At either party's request, the arbitrator will issue an order that confidential information disclosed during arbitration cannot be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted filing of confidential information must be done under seal.
- Governing Law and Forum Choice
- Indemnity by You
- Miscellaneous
By accessing, viewing, or using Armoona application or website (collectively, the “Service”), you agree to be bound by (i) these Terms of Use, and (ii) our Privacy Policy, Cookie Policy, and Community Guidelines, each of which is incorporated by reference into this Agreement (collectively, this "Agreement"). If you do not accept and agree to be bound by all the terms of this Agreement, please do not use the Service.
We reserve the right to make changes to this Agreement and to the Service periodically. These changes may be made for various reasons, including reflecting changes in or requirements of the law, introducing new features, or adjusting business practices. The most recent version of this Agreement will be posted on the Service in the Settings section and also on armoona.com. We recommend that you check regularly for the most recent version. In certain situations, we may notify you of the changes through reasonable means, such as notification within the Service or via email. The most recent version takes effect from the “apply from” date specified at the top of this Agreement. If you continue to use the Service after the changes take effect, you are agreeing to the revised Agreement.
To create an account or access and use the Service or the systems it resides on, you must:
To use Armoona, please sign in using your Apple ID. For details on the information we collect and how we use it, refer to our Privacy Policy. By utilizing the Service, you acknowledge that we may collect and use your data and information in accordance with our Privacy Policy.
You are solely responsible for all activities occurring in your account. If you suspect unauthorized access to your account, please promptly contact us.
Armoona is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, or even suspend the Service entirely.
You can delete your account at any time by following the instructions on the Service in the Settings section. In addition to deleting your account, you will also need to cancel any recurring subscriptions purchased via Apple’s App Store (“App Store”) to avoid additional billing.
Armoona may terminate your account at any time without notice if it believes that you have violated this Agreement. In the event of such termination, you will not be entitled to any refund for purchases.
After your account is terminated, all provisions of this Agreement which by their nature should survive, shall survive termination of this Agreement, including, without limitation, Section 4, Section 5, and Sections 12 through 17.
Although Armoona promotes a safe and respectful user experience, we do not control what our users say or do. You agree to exercise caution in all interactions with other users and commit to reviewing and adhering to Armoona’s Community Guidelines before using the Service.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS ON OR OFF THE SERVICE. YOU UNDERSTAND THAT ARMOONA DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. ARMOONA MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF USERS.
Armoona grants you a personal, worldwide, non-transferable, non-exclusive, royalty-free, and revocable license, without the right to sublicense, to access and use the Service. This license is solely for the purpose of enabling your use of the Service as intended by Armoona and as permitted by this Agreement.
Your license and access to the Service will be automatically revoked if you:
Armoona reserves the right to investigate and take legal actions in response to unauthorized or illegal use of the Service, potentially leading to account termination.
By creating an account:
When using the Service, you agree that you will:
Armoona may investigate and terminate accounts for violations, even outside the Service, without refunds.
Users posting Content are solely responsible for it. Armoona cannot guarantee that all Content complies with this Agreement. Report Content that violates this Agreement using reporting functionality inside the Service.
In-App Purchases
Armoona may provide products and services for purchase within the app (“in-app purchase”). When you make an in-app purchase, your App Store account will be charged at the displayed prices, including applicable taxes, and you authorize the App Store to process the payment.
Subscriptions
If you purchase an auto-recurring subscription through an in-app purchase, your App Store account will be billed until the subscription is canceled. Subscriptions renew automatically at the agreed-upon price, unless canceled before the renewal date.
You can cancel your subscription at any time through your App Store account. If canceled, you can use your subscription until the end of the period you last paid for, and your subscription will not be renewed when that period expires. Deleting your Armoona account or the app does not cancel your subscription. Armoona will retain all funds charged to your App Store account until you cancel the subscription on the App Store. Disputes about payments should be directed to the App Store or your payment provider.
Virtual Items
At times, you may be able to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license to use virtual products, virtual currency, or other entitlements for use in the context of the Service (collectively, “Virtual Items”).
Any Virtual Items balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate in accordance with the terms of this Agreement, when Armoona discontinues the Service or your account is otherwise closed or terminated.
Armoona, at its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and may distribute Virtual Items with or without charge. Armoona may manage, regulate, control, modify or eliminate Virtual Items at any time. Armoona shall have no liability to you or any third party in the event that Armoona exercises any such rights. Virtual Items can only be redeemed through the Service.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT ARMOONA IS NOT REQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds
To the extent permitted by applicable laws and regulations, all purchase charges are nonrefundable, with no refunds or credits for partially used periods.
To request a refund:
Refunds are handled by Apple, not Armoona. To request a refund, visit the App Store, access your Apple ID, select "Purchase history," locate the transaction, and click "Report Problem." Alternatively, you can request a refund at https://getsupport.apple.com.
Pricing
Armoona, as a global business, sets pricing based on various factors. We frequently offer promotional rates, which may vary depending on region, subscription duration, bundle size, and more. Additionally, we regularly experiment with new features and payment options.
To report alleged copyright infringement on the Service, please send a DMCA Takedown Notice to Armoona's Copyright Agent. The notice should include all of the following:
Send Takedown Notices to Armoona’s Copyright Agent by email to copyright@armoona.com or by mail to Armoona, Inc., Copyright Agent, 251 Little Falls Drive, Wilmington, DE 19808, USA.
ARMOONA PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ARMOONA DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
ARMOONA TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARMOONA, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF ARMOONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT WILL ARMOONA’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO ARMOONA FOR THE SERVICE OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO ARMOONA, AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ARMOONA AND YOU.
For users outside the EU or European Economic Area, or where not prohibited by applicable law:
Subject to Section 14, your access to the Service, any claims arising from or related to your relationship with Armoona, and this Agreement are governed and interpreted by the laws of the State of Delaware. All claims arising out of or relating to this Agreement, to the Service, or to your relationship with Armoona that, for any reason, are not submitted to arbitration, as well as any claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be exclusively litigated in the federal or state courts situated in New Castle County, Delaware. You consent to the personal jurisdiction and venue of these courts and waive any objections based on inconvenient forum.
You agree, to the fullest extent permitted under applicable law, to indemnify, defend and hold harmless Armoona, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, liabilities, costs and expenses (including legal fees) due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
This Agreement, which includes the Privacy Policy, Cookie Policy, and Community Guidelines contains the entire agreement between you and Armoona regarding the use of the Service.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Armoona to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or component.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Agreeing to this Agreement shall not constitute any sort of agency, partnership, or joint venture relation between you and Armoona. You may not make any representations on behalf of or bind Armoona in any manner.
In case of discrepancies between this Agreement and the translated version of it into another language, the English version shall prevail.