Terms of Use
Show contents
- 1. Definitions
- 2. Acceptance and Scope
- 3. The App and the Site
- 4. License and Restrictions
- 5. Eligibility
- 6. Your Responsibilities
- 7. User Content and Data on Your Device
- 8. Accuracy and Reliance
- 9. Third-Party Services and Trademarks
- 10. Apple-Specific Terms
- 11. Intellectual Property
- 12. Acceptable Use
- 13. Disclaimers
- 14. Limitation of Liability
- 15. Indemnification
- 16. Changes, Suspension, and Termination
- 17. Export Control and Sanctions
- 18. Governing Law and Dispute Resolution
- 19. General Provisions
- 20. Contact and Legal Notices
These Terms of Use constitute a legally binding agreement between you and the developer of Orno when they apply to you under Section 2. They govern your installation and use of the App and your access to and use of the Site within that scope. The terms defined in Section 1 have the meanings given there throughout this document.
1. Definitions
1.1 "App". "App" means Orno (Chinese name Orno 九叠, Bundle ID com.gacing.Compositor) for iOS and iPadOS, including the copy distributed through the Apple App Store and Test Builds, together with the associated software, code, interfaces, content provided by the Developer, and any updates.
1.2 "Test Build". "Test Build" means a beta version of the App distributed either through Apple's TestFlight public beta program or as a development-signed build through the Site. A development-signed Test Build can be installed only on devices registered by the Developer.
1.3 "Site". "Site" means the website at orno.gacing.com, including its English and Chinese pages and all content on it.
1.4 "Developer". "Developer" means the individual who develops the App and distributes it under that individual's own legal name through the Apple App Store. The Developer is the seller identified on the App's App Store product page.
1.5 "you". "you" and "User" mean any natural person or organization that downloads, installs, or uses the App or accesses the Site. If you act on behalf of an organization, you represent that you have authority to bind it to these Terms, you accept these Terms on its behalf, and "you" includes that organization.
1.6 "Apple". "Apple" means Apple Inc.
1.7 "Standard EULA". "Standard EULA" means Apple's Licensed Application End User License Agreement.
1.8 "User Content". "User Content" means images, photographs, text, graphics, project files, exported files, and other material that you import, create, edit, save, or export using the App.
1.9 "Third-Party Services". "Third-Party Services" means services, software, system frameworks, infrastructure, and networks provided by parties other than the Developer, including Apple's services and system frameworks, website hosting, and network services.
1.10 "Privacy Policy". "Privacy Policy" means the privacy policy for the App and the Site, as revised from time to time.
1.11 "Terms". "Terms" means these Terms of Use, as revised in accordance with Section 16.
1.12 "Governing Law". "Governing Law" means the laws of the State of California, United States, as specified in Section 18.1.
2. Acceptance and Scope
2.1 Acceptance. By accessing or using the Site after these Terms have been brought to your attention through a link on the Site and made available for review, you agree to them, subject to applicable law and Section 16.2 for revisions. For use of the App, these Terms apply when you expressly accept them or, to the extent permitted by applicable law, when they have been brought to your attention and made available for you to review and you then download, install, or continue using the App. The exception in Section 16.3 requiring an express indication of acceptance after explicit refusal or termination applies. These Terms are available through the link in the footer of every Site page, through the installation process on the beta page, or through other means that actually present them to you. On the beta page, a link to these Terms and an explanation appear beside the direct-install button; installing a development-signed Test Build from that page after the Terms have been provided in this way constitutes acceptance. Mere availability on the Site, or downloading, installing, or using the App without notice of these Terms, does not establish acceptance for App use. If you do not agree, cease using the Site and do not install or use a development-signed Test Build. App Store copies and TestFlight builds remain governed by their respective Apple licenses as described in Section 2.2.
2.2 Applicability. These Terms apply to Site visitors and App users only as set out in Section 2.1. They do not bind an App user who has neither accepted them nor received the notice and opportunity to review required by that Section. Until these Terms apply to an App user, the App Store copy remains licensed under the Standard EULA, and TestFlight builds remain subject to Apple's TestFlight terms. Development-signed Test Builds are provided only under these Terms and are licensed under Section 4.2 only after you accept these Terms as described in Section 2.1. Once applicable, these Terms supplement those Apple terms only to the extent they do not conflict, as described in Section 2.3. Revisions become binding on a particular user only under Section 16.2.
2.3 Distribution Terms and Licenses. The App Store copy is licensed under the Standard EULA. When applicable under Sections 2.1 and 2.2, these Terms supplement that license with additional rules governing use and other agreements between you and the Developer; they do not grant a separate license to that copy. If these Terms conflict with the Standard EULA with respect to that copy, the Standard EULA controls. TestFlight participation and builds obtained through TestFlight are also governed by Apple's TestFlight terms, including their beta license; those terms control in the event of a conflict concerning TestFlight. Development-signed Test Builds distributed through the Site are licensed under Section 4.2, and the Standard EULA does not apply to those builds.
2.4 Privacy Policy. The Privacy Policy describes data handling in connection with the App and the Site. It is an informational notice, referenced by these Terms but not incorporated into them, and does not form part of this agreement.
3. The App and the Site
3.1 Image Editing. Orno is an offline image editing app for iPad and iPhone. It provides image editing, layers, selections, adjustments, filters, and file import and export. It requires iPadOS 18 or iOS 18 or later.
3.2 Free Download; Included Tools. The App is free to download from the App Store, and the download includes all tools. The App has no in-app purchases, subscriptions, advertising, accounts, or sign-in.
3.3 On-Device Processing. The App makes no network connections and collects no data. Image editing and machine learning processing take place on your device. The App does not upload your images or projects to the Developer. Opening a website link from the App launches the system browser. Apple services, your own exports and sharing, and correspondence you send are addressed separately in Sections 7 and 9 and in the Privacy Policy.
3.4 The Site. The Site provides information about the App, support information, these Terms, the Privacy Policy, and a beta page. It consists of static pages, uses no cookies or analytics, and stores nothing in your browser. The Developer's website server is not configured to keep access logs. Hosting and network providers may process connection data needed to deliver pages under their own policies.
3.5 Test Builds. Test Builds are offered through TestFlight public testing and through the Site as development-signed builds for devices registered by the Developer. They are provided for testing and evaluation, may be incomplete or unstable, and may cause errors, crashes, or loss or corruption of data. Their availability or distribution may end at any time without prior notice. No continued availability, support, compatibility between versions, or release of a corresponding App Store version is promised. Back up your projects and original files before installing or using a Test Build, and do not use it as the sole repository for important work.
3.6 Scope of the Developer's Role. The Developer provides the App and the Site themselves; these Terms do not commit the Developer to any ongoing service. The Developer cannot access User Content on your device and does not keep copies of it or provide backup, retention, restoration, or recovery of your on-device data. This does not prevent the Developer from receiving correspondence or attachments you choose to send, or information Apple provides through its own services, as described in the Privacy Policy.
4. License and Restrictions
4.1 App Store Copies. The Developer licenses the App Store copy to you under the Standard EULA, as described in Section 2.3. Section 4.3 supplements that license.
4.2 Test Builds. For a build obtained through TestFlight, the beta license under Apple's TestFlight terms governs your installation and use for testing. For a development-signed Test Build obtained through the Site, only after you accept these Terms as described in Section 2.1 and subject to these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use it solely for testing and evaluating the App on a device registered by the Developer. Section 4.3 applies to both types of Test Build, subject to Section 2.3.
4.3 Restrictions. Except as permitted by the applicable license described in Sections 2.3 and 4.2, the third-party component licenses described in Section 11.2, or applicable law, you may not: (a) copy, modify, adapt, or create derivative works of the App; (b) decompile, reverse engineer, or disassemble the App; (c) rent, lease, lend, sell, redistribute, or sublicense the App; (d) remove, alter, or obscure any copyright, trademark, or other proprietary notice in the App; or (e) use the App in a manner prohibited by Section 12. These restrictions concern the App and do not prevent lawful editing, copying, or sharing of your User Content.
4.4 Reservation of Rights. The Developer reserves all rights not expressly granted. A license granted under these Terms terminates automatically upon your breach of these Terms, without prejudice to the Developer's other rights and remedies. Licenses granted under the Standard EULA, Apple's TestFlight terms, or third-party component licenses are governed by their respective termination provisions.
5. Eligibility
5.1 Age and Capacity. You may use the App or the Site only if you have legal capacity to enter into these Terms, or with the consent and under the supervision of a parent or legal guardian who agrees to these Terms on your behalf. The App's 4+ age rating describes content suitability and does not determine legal capacity to enter into a contract.
5.2 Lawful Use. You represent and warrant that your use of the App and the Site complies with all laws, regulations, and orders applicable to you.
5.3 Third-Party Requirements. Your use of Apple services, including the App Store and TestFlight, must comply with their own eligibility requirements and terms. A parent's or guardian's consent under these Terms does not override those requirements.
6. Your Responsibilities
6.1 Rights and Permissions. You are responsible for obtaining all rights, permissions, and consents required to import, edit, reproduce, export, share, or publish User Content. This includes rights in photographs, artwork, text, and other material, and any consent required from people depicted in it.
6.2 Use of Content. You are responsible for your use, storage, sharing, publication, and distribution of User Content and the consequences of those activities. You must respect intellectual property, privacy, publicity, likeness, and other rights and comply with applicable law.
6.3 Third-Party Rights. Rights in material owned by others remain with the relevant rights holders. Importing or editing material with the App does not transfer those rights to you or the Developer, or establish that you have permission to use the material.
6.4 Review of Results. You are responsible for checking imported files, editing results, and exported files for accuracy, completeness, appearance, and suitability for your purposes, as described in Section 8.
6.5 Device and Permissions. You are responsible for providing a compatible device and operating system, managing storage and access to your device, and granting any system permissions needed for the functions you choose to use. Importing from Photos uses the system photo picker, which gives the App only the photos you select. Saving exported images to Photos requires Add Photos Only permission; that permission does not allow the App to read your photo library.
6.6 Backups. You are responsible for backing up your projects, original images, and exported files. Automatic saving is not a substitute for an independent backup. The Developer cannot access or recover files on your device or retrieve deleted content for you.
7. User Content and Data on Your Device
7.1 Ownership; No Content License. As between you and the Developer, your images, projects, and other User Content belong to you, subject to third-party rights. The Developer claims no ownership of your User Content and neither requires nor receives a license to it under these Terms. Editing and machine learning processing occur on your device without sending that content to the Developer. Files you choose to attach to correspondence are handled as described in the Privacy Policy; sending them does not transfer ownership or grant a general license to exploit them.
7.2 Storage and Backup. Projects are saved as .comp files in the App's Documents folder on your device, accessible through the system Files app. Projects and preferences are not excluded from device backups and are included when you enable iCloud Backup or back up your device to a computer. Those backup arrangements are controlled by you and the relevant system or service, and do not give the Developer access to your projects or backups. Preferences, including tool settings and export options, are stored on your device.
7.3 Saving. The App saves automatically about once a minute while you edit, only when no operation is in progress; an open dialog or adjustment panel, an unfinished transform or crop, or another ongoing operation causes that save to be skipped. It also saves when moving to the background, but skips that save if a dialog, including an adjustment panel, or a file operation is still open. These save operations do not create a backup held by the Developer and do not guarantee that data cannot be lost or corrupted. You remain responsible for preserving separate copies under Section 6.6.
7.4 Deletion. Deleting the App deletes the projects in its Documents folder and its preferences. Projects you moved elsewhere beforehand are outside that folder. Deleting the App does not delete copies you have already exported, shared, or included in device backups. The Developer cannot access, restore, or recover deleted projects, images, preferences, or other on-device content.
7.5 Exporting and Sharing. When you export, the App creates a file in its temporary folder and passes it to the system share sheet. You choose whether to save it to Photos or Files or send it to another app. Copies that leave the App are handled by the destinations you choose under their applicable terms and policies. Your decision to share or back up content may cause it to leave your device; this is separate from the App's on-device processing.
8. Accuracy and Reliance
8.1 Editing and Automated Results. Selections, background removal, adjustments, filters, and other editing results are provided as is and may not match your intended result. The App's Select Subject, Remove Background, and Object Selection functions use Apple's Vision framework on your device. Machine learning results may be inaccurate or incomplete. You must review and, where needed, correct results before relying on or distributing them.
8.2 File Compatibility and Conversion. Support for a file format does not guarantee that every feature, layer, parameter, or visual detail will be preserved. PSD import supports 8-bit RGB files. Importing PSD files may rasterize unsupported content, substitute fonts, omit layer styles, or change adjustment parameters and appearance; the App lists the changes before you confirm opening the file. PSD export also involves conversion: text and shapes are stored as pixels, layer styles are merged into pixels, adjustment layers without a corresponding type are omitted, and clipping masks across groups are written without clipping. A file's appearance or editability may therefore differ after conversion or when opened in another application. Keep original files and check converted and exported copies.
8.3 Reliance. The App is an image editing tool. Its output does not certify the authenticity, accuracy, ownership, or legal suitability of an image and is not a substitute for professional verification or advice. You must not rely solely on its output for legal, medical, evidentiary, or other decisions with significant consequences. To the extent permitted by applicable law, you assume the risks arising from reliance on editing results, automated selections, or file conversions.
9. Third-Party Services and Trademarks
9.1 Independent Services. The App uses third-party system frameworks, and its distribution, device backups, and the Site's delivery involve Third-Party Services. Each third party is responsible for its own services, governed by its own terms and privacy policies. To the extent permitted by applicable law, the Developer is not responsible for their acts, omissions, failures, or interruptions.
9.2 Apple Services and Data. Apple provides iOS and iPadOS, system frameworks including Vision, the App Store, TestFlight, and iCloud Backup. Apple handles its services independently under its own terms and privacy policy. If you enable Share with App Developers in your device's analytics settings, Apple may provide the Developer with crash reports and usage statistics in a form that does not identify you personally. TestFlight may provide testing information, such as installation and session data, crash reports, and feedback you submit; for testers invited by email, the Developer can see the invitation email address. These Apple services are separate from the App, which makes no network connections and collects no data.
9.3 Website Hosting. The Site is hosted by DMIT, Inc. in Los Angeles, California, United States. Hosting and network providers may process connection data under their own policies, as described in the Privacy Policy.
9.4 File Formats and Trademarks. References to Photoshop files and the PSD format identify file compatibility only. Rights in those formats and related trademarks belong to their respective rights holders. Orno is not affiliated with, sponsored by, or endorsed by those rights holders. Other third-party names and marks remain the property of their respective owners. Apple's marks are addressed in Section 10.6.
10. Apple-Specific Terms
10.1 Parties. These Terms are entered into between you and the Developer only, and not with Apple. As between the Developer and Apple, the Developer, and not Apple, is solely responsible for the App and its content. The allocations of responsibility in this Section 10 are allocations between the Developer and Apple; they do not constitute any promise, representation, or warranty by the Developer to you.
10.2 Distribution Terms. Section 10 applies subject to Sections 2.1 and 2.2. The relationship between these Terms, the Standard EULA, and Apple's TestFlight terms is described in Section 2.3.
10.3 No Apple Maintenance or Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
10.4 Claims. As between the Developer and Apple, the Developer, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. As between the Developer and Apple, the Developer is solely responsible for the investigation, defense, settlement, and discharge of any claim that the App infringes a third party's intellectual property rights.
10.5 Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
10.6 No Affiliation; Trademarks. Orno is not affiliated with, sponsored by, or endorsed by Apple. Apple, iPad, iPhone, Apple Pencil, App Store, TestFlight, and iCloud are trademarks of Apple Inc.
11. Intellectual Property
11.1 Ownership. The App, the Site, the Orno name and logo, and all software, text, graphics, and design provided through the App or the Site, together with their associated intellectual property rights, belong to the Developer or the respective licensors. They are protected by applicable copyright, trademark, and other intellectual property laws and international treaties. This Section does not apply to ownership of User Content, which is addressed in Section 7.1.
11.2 Third-Party Components. The App includes third-party components licensed under their respective licenses. Those license terms apply to those components. Nothing in these Terms limits rights granted under those licenses; if these Terms conflict with a component's license, that license controls with respect to that component.
11.3 Feedback. If you send suggestions, ideas, or feedback about the App or the Site, the Developer may use, modify, and incorporate the suggestions and ideas themselves without restriction, attribution, or compensation to you. This provision grants no rights in personal information and does not expand any such rights or the purposes or scope of processing that information. The Privacy Policy describes how personal information in that correspondence is handled. This provision does not grant rights in images, projects, or other User Content supplied with feedback and does not alter Section 7.1.
12. Acceptable Use
12.1 General Prohibition. You agree not to use the App or the Site for any purpose that is unlawful under the Governing Law or the laws applicable to you, or prohibited by these Terms.
12.2 Specific Prohibitions. Without limiting Section 12.1, you agree not to:
- create, alter, use, or distribute material in a manner that infringes intellectual property, privacy, publicity, likeness, or other rights;
- use the App or the Site for unlawful impersonation, fraud, harassment, or distribution of unlawful content;
- attempt to gain unauthorized access to the Site or connected systems or networks through hacking, port scanning, vulnerability probing, or other illegitimate means;
- introduce viruses, worms, Trojan horses, ransomware, or other malicious or technologically harmful material;
- circumvent, disable, or interfere with security or access controls, including device-registration restrictions on development-signed Test Builds; or
- use the Site in a manner that could disable, overburden, damage, or impair it.
12.3 Legal Remedies. Unauthorized access to the Site or connected systems may result in civil or criminal liability under applicable law. The Developer reserves the right to pursue civil remedies and refer suspected unlawful conduct to the appropriate authorities.
12.4 Consequences. A breach of this Section may result in termination of your rights under these Terms and may subject you to civil liability or criminal prosecution under applicable law.
13. Disclaimers
THE APP, THE SITE, AND ALL EDITING RESULTS, SELECTIONS, ADJUSTMENTS, FILE CONVERSIONS, EXPORTS, CONTENT, FUNCTIONALITY, AND TECHNICAL FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AND COMPATIBILITY WITH ANY THIRD-PARTY SERVICE, SYSTEM FRAMEWORK, OR FILE FORMAT.
THE DEVELOPER MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE APP OR THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE APP OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) EDITING RESULTS, FILE CONVERSIONS, EXPORTS, OR ANY OTHER OUTPUT OF THE APP WILL BE ACCURATE, COMPLETE, RELIABLE, OR TIMELY; (D) ANY DEFECT OR ERROR WILL BE CORRECTED; OR (E) THE APP WILL REMAIN COMPATIBLE WITH ANY OPERATING SYSTEM, SYSTEM FRAMEWORK, FILE FORMAT, OR THIRD-PARTY SERVICE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, OR FOR LOSS, UNAVAILABILITY, OR CORRUPTION OF IMAGES, PROJECTS, ORIGINAL FILES, OR EXPORTS, ARISING OUT OF OR RELATING TO: (A) YOUR USE OF OR INABILITY TO USE THE APP OR THE SITE; (B) ANY EDITING RESULT, SELECTION, ADJUSTMENT, FILE CONVERSION, EXPORT, OR OTHER OUTPUT OF THE APP, OR ANY RELIANCE PLACED ON IT; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANY ACT, OMISSION, FAILURE, OR INTERRUPTION OF ANY THIRD-PARTY SERVICE, INCLUDING APPLE, ITS SYSTEM FRAMEWORKS, THE APP STORE, TESTFLIGHT, AND ICLOUD, OR ANY HOSTING PROVIDER OR NETWORK OPERATOR; OR (E) ANY OTHER MATTER RELATING TO THE APP OR THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE DEVELOPER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THE SITE EXCEED ONE UNITED STATES DOLLAR (US $1.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INCONVENIENCE ARISING FROM OR ATTRIBUTABLE TO THE ACTS, OMISSIONS, FAILURES, OR SERVICE INTERRUPTIONS OF ANY THIRD-PARTY SERVICE.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT.
15. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Developer from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) brought by any third party and arising out of or relating to: (a) your violation of any provision of these Terms; (b) your violation of any applicable law or regulation, including intellectual property and privacy laws; or (c) your violation of any right of a third party, including intellectual property, privacy, publicity, and likeness rights, and in particular claims arising from your import, creation, editing, use, storage, sharing, publication, or distribution of User Content. This Section applies solely to claims brought by third parties; nothing in this Section shifts costs or attorneys' fees between you and the Developer in any dispute between you and the Developer. This indemnification obligation survives the termination of these Terms and your cessation of use of the App and the Site.
16. Changes, Suspension, and Termination
16.1 Changes to the App and the Site. The Developer may modify, suspend, or discontinue the App or the Site, or any feature or the distribution of them, in whole or in part, at any time and without prior notice.
16.2 Changes to These Terms. The Developer may revise these Terms and publish the revised version on the Site. The date at the top of the page is the date that version is published and begins to apply; when it applies to a particular user is governed by this Section. Publication alone does not make a revision binding on every App user. For Site visitors, the revised Terms apply to access or use after the revised Terms have been brought to their attention through a link on the Site and made available for review. For App users who receive notice of the revision through the Site or another means, the revision takes effect when they expressly accept it or, to the extent permitted by applicable law, continue using the App after receiving notice and a reasonable opportunity to review it. The exception in Section 16.3 requiring an express indication of acceptance after explicit refusal or termination applies. Material revisions will be prominently identified on the Site; before relying on a material revision against an existing user, the Developer will provide notice in a manner reasonably calculated to bring it to that user's attention and obtain any acceptance required by applicable law. This does not require an App user to visit the Site periodically, and continued offline use without notice is not acceptance. Until a revision takes effect for a user, the version previously applicable to that user remains applicable, subject to Sections 2 and 16.3. A revision does not apply to any dispute that arose, or of which the Developer was aware, before it took effect for that user.
16.3 Termination by You. If these Terms apply to you under Sections 2.1 and 2.2, you may terminate them at any time by notifying the Developer that you no longer accept them, ceasing use of the Site, and ceasing use of and deleting any development-signed Test Build from your devices. This does not require you to stop using or delete an App Store copy or a TestFlight build; those copies remain subject to the Standard EULA or Apple's TestFlight terms, respectively. After you terminate these Terms under this Section, or explicitly refuse them when they are first brought to your attention, merely continuing to use an App Store copy or a TestFlight build under the applicable Apple license does not constitute acceptance of these Terms or any revision to them; any subsequent acceptance or renewed acceptance of these Terms or their revisions requires your express indication of acceptance.
16.4 Termination by the Developer. The Developer may terminate or suspend your rights under these Terms, including the license to development-signed Test Builds granted in Section 4.2, at any time, for any reason (including any breach of these Terms), and without prior notice. Upon termination, your rights under these Terms end, including the license to development-signed Test Builds. The App Store license terminates as provided in the Standard EULA. The TestFlight beta license terminates as provided in Apple's TestFlight terms. Termination does not give the Developer access to or control over your on-device data, and you remain responsible for preserving it before deleting the App.
16.5 Survival. The provisions listed in Section 19.7 survive the termination of these Terms.
17. Export Control and Sanctions
You acknowledge that the App and the technical data available through the App or the Site may be subject to the export control and economic sanctions laws and regulations of the United States, including those administered by the U.S. Department of Commerce and the U.S. Department of the Treasury. When these Terms apply to you under Sections 2.1 and 2.2, you represent and warrant that: (a) you are not located in, organized under the laws of, or a resident or national of any country or territory that is the subject of comprehensive economic sanctions administered by the United States; (b) you are not designated on any restricted-parties list maintained by the government of the United States; and (c) you will not use, export, or re-export the App or any content or data obtained from the App or the Site in violation of applicable United States export control or sanctions laws.
18. Governing Law and Dispute Resolution
18.1 Governing Law. These Terms, and any dispute, controversy, or claim arising out of or in connection with the App, the Site, or these Terms (including non-contractual disputes or claims), are governed by and construed exclusively in accordance with the laws of the State of California, without regard to conflict-of-law principles or any choice-of-law rules that would cause the application of the laws of any other jurisdiction. Nothing in these Terms affects any mandatory consumer protection provisions of the law of your place of residence that cannot be excluded by agreement, and all provisions of these Terms otherwise apply to the maximum extent permitted by applicable law.
18.2 Exclusive Jurisdiction. Subject to the non-excludable protections in Section 18.1, any legal action, suit, or proceeding arising under or relating to these Terms, the App, or the Site must be brought exclusively in the state or federal courts located in Los Angeles County, California. You irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection to the exercise of personal jurisdiction over you and any defense of inconvenient forum or improper venue.
18.3 CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE DEVELOPER EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE SITE. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. IF THIS SECTION 18.3 IS FOUND TO BE INVALID OR UNENFORCEABLE, THIS SECTION 18.3 ALONE SHALL BE SEVERED, AND THE REMAINDER OF THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
19. General Provisions
19.1 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to render it enforceable or, if modification is not possible, severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
19.2 No Waiver. The failure of the Developer to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver is effective only if in writing and signed by the Developer.
19.3 Entire Agreement. These Terms constitute the entire agreement between you and the Developer concerning the App and the Site, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral. With respect to the copy of the App distributed through the App Store, the Standard EULA also applies and prevails over these Terms as described in Section 2.3. The TestFlight terms and third-party component licenses apply as described in Sections 2.3 and 11.2. The Privacy Policy is an informational notice describing data handling; it is referenced by these Terms but is not incorporated into them and does not form part of this agreement.
19.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without the Developer's prior written consent. The Developer may freely assign these Terms at any time without notice.
19.5 Language. These Terms are drafted and executed in the English language. Any translation is provided for reference only. In the event of any conflict between the English version and any translation, the English version controls and prevails.
19.6 Headings. Section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
19.7 Survival. Sections 1, 3.6, 6.1 through 6.4, 7.1, 7.4, 7.5, 8, 9, 10, 11, 12.3, 12.4, 13, 14, 15, 17, 18, 19, and 20 survive the termination of these Terms and your cessation of use of the App and the Site.
20. Contact and Legal Notices
20.1 Designated Contact. The Developer's designated contact address for communications relating to these Terms, the App, or the Site, including legal notices, is orno@gacing.com. Legal notices must be delivered in writing to that address.
20.2 Deemed Receipt. Notices delivered by email are deemed received upon confirmation of successful transmission by the sender's mail server.
20.3 Non-Compliant Legal Notices. Subject to any mandatory requirements of applicable law, this Section 20.3 applies only to legal notices. The Developer is not obligated to respond to a legal notice that is not delivered in accordance with this Section, that does not contain sufficient information to identify the sender, the subject matter, and the legal basis of the notice, or that is not written in the English language. Requests made under the Privacy Policy, including requests for access or deletion, are not legal notices for purposes of this Section; the Developer accepts them in any language.
Back to top