Terms of Service for Abominable Enterprise, LLC
Effective Date: April 26, 2025
Acceptance of Terms
Welcome to the mobile applications of Abominable Enterprise, LLC (“Abominable Enterprise,” “we,” “us,” or “our”). These Terms of Service (“Terms”) govern your purchase, access, and use of our mobile application(s) (the “App”). By purchasing, downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not purchase or use our App.
These Terms constitute a binding legal agreement between you and Abominable Enterprise. You represent that you have the legal authority to accept these Terms. If you are using the App on behalf of an organization, you represent that you are authorized to bind that organization to these Terms. You must be at least 13 years old (or the minimum legal age in your jurisdiction) to use our App; if you are under 18, you represent that a parent or legal guardian has reviewed and agreed to these Terms on your behalf.
Changes to Terms
Abominable Enterprise reserves the right to modify or update these Terms at any time. If we make material changes, we will notify you by updating the “Effective Date” at the top of this page and, if feasible, by providing additional notice (such as via our website or in-app notification). It is your responsibility to review these Terms periodically. Your continued use of the App after any changes to the Terms signifies your acceptance of the updated Terms. If you do not agree to the revised Terms, you should discontinue use of the App.
Purchases and Payments
Our App is offered on a paid basis through third-party app distribution platforms (such as the Apple App Store or Google Play Store). You must pay the required one-time purchase price upfront to download and use the App. We do not offer free downloads, free trials, or in-app purchases for additional features or content at this time. All fees and pricing for the App are as listed in the applicable app store and are subject to change at our discretion or the app store’s policies.
Payment Processing: All purchases of the App are processed by the third-party platform from which you download the App. Abominable Enterprise does not collect or store your payment information and is not responsible for the payment transaction. Your purchase and use of the App may also be subject to the terms and conditions and privacy policy of the platform (e.g., Apple Media Services Terms or Google Play Terms of Service). Please review those terms as they are a separate agreement between you and the app store provider.
No Refunds: Except as explicitly provided by the app store’s policies or required by applicable law, all purchases of the App are final and non-refundable. Once you have purchased the App, you will not be entitled to a refund or credit (even if you decide not to use the App), unless the platform’s rules provide otherwise (for example, certain jurisdictions or platforms may allow refunds within a short period). Any billing disputes or refund requests must be directed to the app store from which you bought the App.
License Grant
Subject to your compliance with these Terms and your payment of any required fees, Abominable Enterprise grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on a mobile device that you own or control, solely for your personal, non-commercial use. This license is provided solely for your own lawful, personal purposes and in accordance with these Terms.
You acknowledge that the App is licensed, not sold, to you by Abominable Enterprise. We reserve all rights not expressly granted to you in these Terms. You may not use the App in any manner not expressly permitted by these Terms.
Acceptable Use and Restrictions
By using our App, you agree to the following usage rules and restrictions. Any violation of these rules may result in suspension or termination of your license to use the App. You agree that you will NOT:
- Reverse Engineer or Tamper: Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying components of the App, nor attempt to bypass or defeat any security or encryption measures used by the App, except to the extent expressly permitted by applicable law notwithstanding this restriction.
- Copy or Modify: Copy, reproduce, distribute, publicly display, or create derivative works of the App or any part of it. You may not modify, adapt, translate, or otherwise make any changes to the App except as allowed by the App's intended functionality.
- Resell or Commercialize: Sell, resell, rent, lease, loan, sublicense, distribute, or otherwise transfer the App or make it available to any third party for commercial use without our prior written permission. The App is for your personal use; you may not use it to provide services to others or for any commercial enterprise.
- Misuse the App: Use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. This includes not using the App to violate any applicable law or regulation, or to infringe the rights of any other person or entity (such as intellectual property, privacy, or contractual rights).
- Interfere with Operation: Use the App in a way that could impair, overburden, damage, or disable any Abominable Enterprise systems or the App's functionality (e.g., by introducing viruses or malicious code, or by automated use that overloads servers). You will not attempt to gain unauthorized access to any network, server, or system of Abominable Enterprise or its providers.
- Remove Notices: Remove, alter, or obscure any proprietary notices (including copyright, trademark, and patent notices) that Abominable Enterprise or its partners have placed on or within the App.
We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Abominable Enterprise may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Intellectual Property Rights
All rights, title, and interest in and to the App, including all copyrights, trademarks, trade secrets, patents, and other intellectual property rights, are and will remain the exclusive property of Abominable Enterprise, LLC and/or its licensors. The structure, organization, and code of the App are the valuable trade secrets and confidential information of Abominable Enterprise and its licensors.
Nothing in these Terms constitutes a transfer or waiver of our intellectual property rights. Abominable Enterprise and its logos, names, and any brand features are trademarks or registered trademarks of Abominable Enterprise (the “Marks”). You are not granted any right or license to use the Marks. You agree not to use any of our Marks or any confusingly similar marks, except as expressly allowed by us in writing.
Any feedback, suggestions, or ideas you provide to us regarding the App (“Feedback") is entirely voluntary. We are free to use any Feedback as we see fit and without any obligation or compensation to you, and you hereby grant us a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use and incorporate any Feedback into the App or our other products or services.
Termination
These Terms are effective until terminated. Abominable Enterprise may, in its sole discretion, suspend or terminate your account or your access to the App at any time, with or without notice, if you violate any provision of these Terms or if we discontinue the App (in whole or in part). You may also discontinue use of the App at any time by uninstalling it from your device; you do not need to specifically inform us when you stop using the App.
Upon any termination of these Terms for any reason: (a) the license granted to you hereunder will immediately cease, and you must promptly delete or remove the App from all devices and cease all use of the App; (b) you must destroy all copies of the App in your possession or control; and (c) the following sections of these Terms will survive termination: Intellectual Property Rights, Disclaimer of Warranties, Limitation of Liability, Indemnification, Arbitration and Dispute Resolution, Governing Law, and Miscellaneous, along with any other provisions that by their nature or context should survive.
Termination of your access or license shall not limit any of Abominable Enterprise's rights or remedies available at law or in equity, including the right to seek damages, injunctions, and other relief.
Disclaimer of Warranties
Abominable Enterprise provides the App on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted by applicable law, we disclaim all warranties and representations, whether express, implied, or statutory, regarding the App. This includes, without limitation, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing or usage of trade.
We do not warrant that the App will meet your requirements or expectations, that the App will be uninterrupted, timely, secure, or error-free, or that any defects or errors will be corrected. We do not warrant that the App will be compatible with your device or that the App (including any servers, databases, or services) is free of viruses, bugs, or other harmful components. Use of the App is at your own risk.
No advice or information, whether oral or written, obtained by you from Abominable Enterprise or through the App shall create any warranty not expressly stated in these Terms. Because some jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. In such jurisdictions, our warranties are limited to the extent permitted by law.
Limitation of Liability
To the maximum extent permitted by law, Abominable Enterprise, LLC and its owners, officers, employees, agents, partners, and licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages whatsoever arising out of or in connection with your use of or inability to use the App or these Terms. This exclusion includes, without limitation, damages for lost profits, lost revenue, loss of data, device damage, business interruption, or any other commercial or personal damages or losses, even if we have been advised of the possibility of such damages.
In no event will Abominable Enterprise's total cumulative liability to you for all claims arising out of or relating to the App or these Terms exceed the amount you paid to purchase the App. If you have not paid any amount (for example, if at some point we offer a free download and you use it), Abominable Enterprise's total liability will be limited to US $50.00. The foregoing limitations and exclusions of liability shall apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if an exclusive remedy fails of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you. In those jurisdictions, our liability will be limited to the fullest extent permitted by law.
Indemnification
You agree to indemnify, defend, and hold harmless Abominable Enterprise, LLC and its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees and costs) that arise out of or relate to: (a) your violation of these Terms; (b) your use or misuse of the App; (c) your violation of any law or regulation or any right of a third party in connection with your use of the App.
Abominable Enterprise reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with our defense of such claim. You shall not settle any such claim without our prior written consent. This indemnification obligation will survive termination of these Terms and your use of the App.
Arbitration and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS. By agreeing to these Terms, you and Abominable Enterprise agree to resolve any disputes through binding arbitration rather than in court, to the fullest extent permitted by law.
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the App (collectively, "Disputes") shall be resolved by confidential binding arbitration on an individual basis. You and Abominable Enterprise agree that any Dispute will be submitted to arbitration rather than resolved in court, except as provided under "Exceptions to Arbitration" below. You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator's decision will be final and binding, and judgment on the arbitration award may be entered in any court having jurisdiction.
Arbitration Procedure: The arbitration will be administered by the American Arbitration Association (“AAA") under its Consumer Arbitration Rules (the "AAA Rules") in effect at the time the arbitration is initiated, except as modified by these Terms. You can find the AAA Rules and instructions for initiating arbitration on the AAA website. The arbitration will be conducted by a single, neutral arbitrator.
Arbitration Location and Governing Law: The arbitration will take place in North Carolina (specifically, in the city or county where Abominable Enterprise is headquartered, unless you and we agree to a different location or a telephonic/electronic hearing). The arbitrator will apply the laws of the State of North Carolina and applicable federal law (including the Federal Arbitration Act) consistent with these Terms. If traveling to North Carolina for arbitration would cause undue burden to you, you may request to participate in the arbitration by telephone or other remote electronic means, to the extent the AAA Rules allow.
Fees: Each party is responsible for paying their own attorneys' fees and costs, unless the arbitrator awards fees under applicable law or the AAA Rules. Abominable Enterprise will pay all AAA filing, administration, and arbitrator fees unless the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as defined by applicable law or the AAA Rules).
Exceptions to Arbitration
Notwithstanding the above, either party may choose to pursue: (a) Claims in Small Claims Court if they qualify and so long as the matter remains in such court and on an individual (non-class) basis; and (b) Equitable or Injunctive Relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized use or abuse of the App (for example, you or we may seek an injunction to stop misuse of the App or infringement of intellectual property, without going through arbitration first).
This arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies; such agencies can, if the law allows, seek relief against us for you.
Opt-Out Rights
Optional: If you are a new user of the App, you may reject and opt-out of this arbitration agreement by sending us a written notice of your decision within 30 days of first accepting these Terms. Such notice must include your name, address, the name of the App, and a clear statement that you want to opt out of the arbitration agreement. The notice must be mailed to our contact address set forth at the end of these Terms (Attn: Legal Department - Arbitration Opt-Out) and postmarked within the 30-day period. If you opt out of arbitration, you will not be bound by the arbitration or class action waiver provisions in this Section, but the rest of these Terms will continue to apply to you. (If you have been using the App prior to the effective date of these Terms, the 30-day opt-out period begins on the Effective Date above.)
If any portion of this Arbitration and Dispute Resolution section is found to be unenforceable, that provision shall be severed, and the remainder of this section shall remain in full force and effect.
Governing Law
Except to the extent that arbitration is required above, these Terms and any dispute arising out of or related to them or the App will be governed by and construed in accordance with the laws of the State of North Carolina, USA, without regard to its conflict of law principles. For customers domiciled outside the United States, you may also have certain mandatory rights under your local consumer protection laws that will remain applicable notwithstanding the choice of North Carolina law.
Jurisdiction: Subject to the arbitration provisions above, you and Abominable Enterprise consent to the exclusive personal jurisdiction of the state and federal courts located in the State of North Carolina for the purpose of resolving any disputes that are not subject to arbitration. Notwithstanding the foregoing, Abominable Enterprise may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or enforce these Terms.
Export Compliance
You agree to comply with all applicable U.S. and international export control and sanctions laws and regulations in using the App. The App and its software may be subject to U.S. export control laws, including the U.S. Export Administration Regulations, and economic sanctions. You represent and warrant that: (a) you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country (including, for example, Cuba, Iran, North Korea, Syria, and any other country sanctioned by the U.S.); and (b) you are not listed on any U.S. government list of prohibited or restricted parties (such as the Specially Designated Nationals list). You also agree that you will not use, export, re-export, or transfer the App to any country or person in violation of U.S. or other applicable export control or sanctions laws.
Digital Millennium Copyright Act (DMCA) Notice
Abominable Enterprise respects the intellectual property rights of others and expects users of the App to do the same. If you believe that any content or material available in the App infringes your copyright, you may send us a notice requesting that the material be removed or access to it be blocked. Your notice must be in writing and include:
- Identification of the copyrighted work you claim has been infringed. If multiple works are involved, you can provide a representative list.
- Identification of the material that you believe is infringing, with enough detail for us to locate it within the App (please include, if applicable, screenshots or references to specific content).
- Your contact information, including your name, mailing address, telephone number, and email address, so we can reach you.
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
- Your electronic or physical signature (typing your full name at the end of the notice is acceptable for an electronic notice).
Once we receive a valid DMCA notice, we will promptly investigate and remove or disable access to the allegedly infringing material in accordance with applicable law. We will also take reasonable steps to notify the user (if any) who posted the content in question, if applicable. In the event that such user believes the removal was mistaken, they may send us a counter-notification pursuant to §§ 512(g)(2) and (3) of the DMCA. We will provide information on this process to the affected user if needed.
Please send DMCA notices to our designated Copyright Agent at the contact information provided in the "Contact Us" section below. It is our policy, in appropriate circumstances, to terminate the accounts or access of repeat infringers.
Third-Party App Stores
The following additional terms apply if you obtained the App through a third-party app store or platform (each, an "App Store" such as Apple App Store or Google Play):
- Independent Agreement: You acknowledge that these Terms are between you and Abominable Enterprise, not with the App Store provider. The App Store provider (Apple, Google, or others) is not responsible for the App and has no obligation to provide maintenance or support services for the App.
- App Use Rules: Your right to use the App is limited to use on a device that you own or control and as permitted by the usage rules set forth in the applicable App Store's terms of service. You must comply with all applicable App Store terms (for example, if you are using the App on an Apple device, you must comply with the Apple Media Services Terms and any App Store usage rules).
- App Store Liability: The App Store provider has no warranty obligation whatsoever with respect to the App, and any claims, losses, liabilities, damages, costs, or expenses attributable to any failure of the App to conform to any warranty (to the extent a warranty is not effectively disclaimed in these Terms) are the responsibility of Abominable Enterprise, not the App Store provider.
- Third-Party Beneficiary: You acknowledge and agree that for apps downloaded through the Apple App Store, Apple Inc. (and its subsidiaries) is a third-party beneficiary of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary. (There are no third-party beneficiaries to these Terms, except as explicitly stated in this section.)
- Product Claims: You acknowledge that Abominable Enterprise, not the App Store provider, is responsible for addressing any claims by you or any third party relating to the App or your possession and 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 or similar legislation.
- Intellectual Property Claims: You acknowledge that Abominable Enterprise, not the App Store provider, is solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim related to the App.
Privacy Policy
Your use of the App is also subject to our Privacy Policy, which describes how we collect, use, and protect your personal data. Our Privacy Policy is available on our website (and/or within the App). By using the App, you consent to the collection and use of information as described in the Privacy Policy. If you do not agree with the Privacy Policy, you should not use the App.
Miscellaneous
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these Terms will remain in full force and effect.
- Entire Agreement: These Terms (along with any additional policies or terms referenced herein, such as our Privacy Policy) constitute the entire agreement between you and Abominable Enterprise regarding your use of the App, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, relating to the subject matter hereof. You acknowledge that you have not relied on any representation, warranty, or promise not expressly stated in these Terms.
- No Waiver: Our failure or delay to exercise or enforce any right or provision of these Terms shall not operate as a waiver of that or any other provision or the right to enforce it. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Abominable Enterprise.
- Assignment: You may not assign or transfer these Terms (or any of your rights or obligations hereunder) without our prior written consent. Any attempted assignment in violation of the foregoing will be null and void. Abominable Enterprise may assign or transfer these Terms or any of its rights or obligations at any time, including to a successor in interest, an affiliate, or in connection with a merger, acquisition, or sale of assets. These Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.
- No Third-Party Rights: Except as expressly provided in the Third-Party App Stores section above, these Terms do not create any rights or remedies in favor of any person or entity other than the parties to these Terms (and permitted assigns), and no third party shall have the right to enforce any of these Terms.
- Relationship of the Parties: You and Abominable Enterprise are independent contracting parties. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.
- Headings: Section titles or headings in these Terms are for convenience only and have no legal or contractual effect.
- Language: These Terms are written in the English language, and to the extent any translated version conflicts with the English version, the English version controls.
Contact Us
If you have any questions, concerns, or comments about these Terms or need to contact us for any reason, please reach out to us:
For DMCA copyright infringement notices, please include "DMCA Notice" in the subject line of your email or correspondence. For all other inquiries regarding the App or these Terms, you may also contact us at [email protected].
By using or continuing to use our App, you acknowledge that you have read, understood, and agreed to these Terms of Service. Thank you for choosing Abominable Enterprise's app! Enjoy your experience, and please use the App responsibly.