Terms, License, and Privacy Policy

Profiteroles, LLC

Effective date: June 8, 2026

This document is a binding agreement between you and Profiteroles, LLC ("Profiteroles," the "Licensor," "we," "us," or "our") and governs your access to and use of our websites, our software applications, our source code, and any related services (together, the "Services"). By accessing the Services in any manner — including by viewing source code, downloading or installing an application, purchasing a license, running compiled software, or interacting with our websites — you acknowledge that you have read this document, understand it, and agree to be bound by it. If you do not agree, do not use the Services.

This document is divided into numbered sections that may apply to you individually or together depending on how you use the Services. Each section operates independently and the invalidity of any one section does not affect the others.

1. Definitions

In this document:

  • "Application" or "App" means any compiled software product authored or published by the Licensor, in any form (binary, package, installer, container image, or service).
  • "Source Code" means any human-readable source code, build configuration, build script, test, asset, documentation, or related material authored or published by the Licensor in any repository, archive, or other distribution channel under our control or in any copy thereof.
  • "Services" means the Applications, the Source Code, our websites, and any related online services.
  • "You" means the individual or entity accessing or using the Services, and any agent acting on your behalf.
  • "Apple" means Apple Inc. and its affiliates.
  • "App Store" means the Apple App Store and the Mac App Store.
  • "IAP" means an in-application purchase processed by Apple through the App Store.
  • "Personal Information" has the meaning given by the law of your jurisdiction; where multiple definitions apply, the broadest controls.
  • "Machine-Learning System" means any artificial intelligence, machine-learning, statistical, generative, predictive, retrieval, or similar automated system, regardless of architecture, scale, or intended use, including (without limitation) large language models, code-completion or code-generation systems, foundation models, diffusion models, embedding models, classifiers, recommender systems, and any pipeline that ingests text, code, or other content for the purpose of training, fine-tuning, evaluating, aligning, benchmarking, distilling, augmenting, retrieving against, or improving such a system.

References to the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.

2. Source Code Terms

2.1 No license; viewing only

The Licensor publishes Source Code from time to time for the sole purposes of human study, review, and verification. The Source Code is not open source. No license, express or implied, is granted to you to copy, modify, distribute, sublicense, publicly display, publicly perform, run, host, compile, link against, embed, mirror, fork, or otherwise use the Source Code, except as expressly permitted by this section.

You may, solely for your own personal study and review:

  • view the Source Code in a web browser or text editor;
  • create a local copy on a single device under your control for the duration of your study; and
  • delete that copy when your study is complete.

Any use beyond the foregoing requires a separate written agreement signed by an authorized officer of the Licensor. Silence, acquiescence, or the absence of enforcement is not a license.

2.2 Prohibited uses (without limitation)

Without limiting the generality of Section 2.1, you may not:

(a) use the Source Code, in whole or in part, in connection with the training, fine-tuning, evaluation, alignment, benchmarking, distillation, retrieval-augmentation, prompt-construction, dataset curation, model-card preparation, capability assessment, or other development, improvement, or operation of any Machine-Learning System; (b) scrape, crawl, mirror, index, archive, ingest, vectorize, embed, chunk, or otherwise programmatically process the Source Code, whether for the purposes described in clause (a) or otherwise; (c) include the Source Code in any corpus, dataset, training set, evaluation set, or model; (d) distribute, sublicense, sell, rent, lease, lend, host, mirror, or make the Source Code available to any third party; (e) prepare derivative works of the Source Code; (f) use the Source Code to develop a product or service that competes with the Licensor's products or services; (g) remove, obscure, or alter any copyright notice, trademark, or other proprietary notice; or (h) circumvent or assist any third party in circumventing any of the foregoing restrictions.

The prohibitions in this Section apply whether or not the use is commercial, whether or not the resulting product is publicly distributed, and whether or not the use is alleged to be fair use, fair dealing, text-and-data mining, scientific research, or otherwise permitted by law. Where any such defense is available notwithstanding this Section, you agree that any benefit derived from such use shall be held in constructive trust for the Licensor.

2.3 Express reservation of rights

The Licensor expressly reserves all rights in the Source Code, including (without limitation) the right to opt out of any text-and-data-mining exception, statutory license, or similar carve- out under any applicable law. Without limiting the generality of the foregoing, the Licensor expressly reserves its rights under Article 4(3) of Directive (EU) 2019/790 on Copyright in the Digital Single Market, under section 29A of the Copyright, Designs and Patents Act 1988 (United Kingdom) as the same may be amended, and under any equivalent provision of any other jurisdiction. This reservation is made in both human-readable and machine-readable form, including by way of this document and the metadata, headers, and similar machine-readable signals associated with our websites, repositories, and Source Code distributions. The validity of this reservation is independent of any particular machine-readable signal; it applies even where such a signal is absent, malformed, ignored, or unsupported.

2.4 Third-party components

The Applications and Source Code may incorporate or depend upon software components owned by third parties and licensed under their own terms. Those components remain subject to their own licenses; nothing in this document expands, limits, or otherwise modifies the rights you have in those components under their own licenses. Required attributions for third-party components are made available within the relevant Application or in accompanying documentation.

2.5 Submissions

We do not solicit and will not knowingly accept unsolicited contributions of code, designs, ideas, suggestions, feedback, or other materials ("Submissions"). If you nonetheless transmit a Submission to us, you grant the Licensor a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, reproduce, modify, distribute, publicly perform, publicly display, and prepare derivative works of the Submission for any purpose, without attribution and without obligation to you. You represent and warrant that you have the right to grant this license. A Submission is not confidential and creates no obligation of any kind on the part of the Licensor.

3. End User License Agreement (Applications)

3.1 Grant of license

Subject to your continuous compliance with this document, the Licensor grants you a personal, limited, non-exclusive, non- transferable, non-sublicensable, revocable license to install and use one (1) copy of each Application on devices that you own or control, solely for your personal use or, where you are an entity, for your internal business use. Each unique installation, virtual machine, or container instance counts as a separate copy. Where an Application is acquired through the App Store, additional installs permitted by Family Sharing or the Apple Media Services Terms apply in addition to the foregoing.

3.2 Restrictions

Except as expressly permitted by Section 3.1, you may not, and may not permit any third party to:

(a) copy, modify, adapt, translate, or create derivative works of any Application; (b) reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats, protocols, or non-public APIs of any Application, except to the extent that this prohibition is expressly prohibited by applicable law; (c) sell, rent, lease, lend, sublicense, distribute, transfer, transmit, host, time-share, or make available the Application to any third party; (d) circumvent, disable, or interfere with any licensing, security, rate-limiting, paywall, feature-gating, or telemetry mechanism; (e) use the Application, or any data, model, layout, or output of it, in connection with any Machine-Learning System (as defined in Section 1); (f) use the Application in any manner that violates applicable law or the rights of any third party; (g) remove, alter, or obscure any copyright, trademark, or other proprietary notice; (h) use the Application to develop, train, test, evaluate, or benchmark a product or service that competes with the Application or any other Profiteroles product or service; or (i) authorize, assist, or knowingly permit any third party to do any of the foregoing.

3.3 Pre-release components

An Application may contain code, features, or assets identified by the Licensor as preview, alpha, beta, experimental, or otherwise pre-release. Section 7 governs your use of such components.

3.4 Updates and changes

The Licensor may, at its sole discretion and at any time:

(a) issue updates, patches, bug fixes, security advisories, or new versions of the Application, which become part of the Application; (b) add, change, suspend, deprecate, or remove any feature or function of the Application; (c) change the Application's minimum supported operating-system or hardware requirements; (d) cease to publish or support the Application; or (e) require that you install an update in order to continue to use the Application.

The Licensor has no obligation to provide updates or to continue publishing or supporting any Application. Features that are present in one version are not promised to be present in any other.

3.5 Termination of license

Your license under this Section 3 terminates automatically and without notice if you fail to comply with any provision of this document. The Licensor may also terminate your license at any time, with or without cause, by notice through any reasonable means (including a notice within the Application, an in-product disclosure, or the discontinuation of the Application). Upon termination, you must immediately cease all use of the Application and destroy all copies in your possession or control. Termination does not entitle you to a refund. Sections that by their nature should survive termination (including Sections 2, 5, 6, 14, 15, 16, 17, 18, and 21) shall survive.

3.6 Ownership

The Application is licensed, not sold. As between you and the Licensor, the Licensor (and its licensors) retain all right, title, and interest in and to the Application, including all intellectual- property rights. No rights are granted to you other than those expressly stated in this document.

4. Apple App Store — Required Provisions

This Section 4 applies in addition to (and not in lieu of) the other provisions of this document with respect to any Application that you acquire through the App Store. In the event of any conflict between this Section and the other provisions of this document as applied to an App Store acquisition, this Section controls.

4.1 Acknowledgment

This document is concluded between you and the Licensor only, and not with Apple. The Licensor, not Apple, is solely responsible for the Application and the content thereof. The Apple Media Services Terms and Conditions and the Licensed Application End User License Agreement published by Apple ("Apple's Standard EULA") apply to your acquisition of the Application from the App Store, and the more restrictive of this document and Apple's Standard EULA controls.

4.2 Scope of license

The license granted to you for the Application is limited to a non- transferable license to use the Application on any Apple-branded products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

4.3 Maintenance and support

The Licensor is solely responsible for providing any maintenance and support services with respect to the Application as specified in this document or as required under applicable law. The Licensor has no obligation whatsoever to furnish any maintenance and support services beyond that. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

4.4 Warranty

The Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the Application to you, if any; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Licensor's sole responsibility.

4.5 Product claims

The Licensor and not Apple is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including (without limitation) (i) product-liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer-protection, privacy, or similar legislation.

4.6 Intellectual-property rights

In the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual-property rights, the Licensor, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim, subject to and without limiting Section 16.

4.7 Legal compliance

You represent and warrant that (i) 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 and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

4.8 Developer name and address

The Licensor's contact information for questions, complaints, or claims with respect to the Application is set forth in Section 23.

4.9 Third-party terms

You must comply with any applicable third-party terms when using the Application.

4.10 Third-party beneficiary

You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this document, and that, upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third-party beneficiary of it.

5. Acceptable Use

You will not, and will not permit any third party to:

(a) use the Services in violation of any law, regulation, or third- party right; (b) use the Services to harass, threaten, defame, or harm any person; (c) use any automated system to access the Services in a manner that sends more requests in a given period than a human can reasonably produce in the same period using a conventional interface; (d) probe, scan, test, or attempt to defeat the security, integrity, or rate-limiting of the Services, except under a written authorization from the Licensor; (e) introduce any virus, worm, trojan, ransomware, or other malicious code; (f) impersonate any person or entity, or misrepresent your affiliation with the Licensor; (g) collect Personal Information of any other user; (h) interfere with the proper working of the Services; (i) use the Services in any way that could expose the Licensor to liability or regulatory inquiry; or (j) use the Services in the design, construction, operation, or maintenance of any weapon, weapon system, nuclear facility, aircraft navigation system, life-support system, or other application in which failure of the Services could result in death, personal injury, environmental damage, or significant property damage.

6. Intellectual Property; Trademarks; Feedback

6.1 Ownership

As between you and the Licensor, the Licensor owns all right, title, and interest in and to the Services and all materials made available through the Services, including (without limitation) all software, designs, text, graphics, icons, logos, user-interface elements, fonts, copy, documentation, and the selection, coordination, and arrangement thereof, together with all intellectual-property rights therein. All rights not expressly granted to you in this document are reserved.

6.2 Trademarks

"Profiteroles," the Profiteroles wordmark, our app names, and our app icons are trademarks of the Licensor, whether or not registered. No license to use any Licensor trademark is granted to you. You may not use any Licensor trademark in a manner likely to cause confusion about your affiliation with, sponsorship by, or endorsement by the Licensor.

6.3 Feedback

If you choose to provide the Licensor with comments, suggestions, bug reports, feature requests, or other feedback regarding the Services ("Feedback"), you grant the Licensor a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use the Feedback for any purpose, without restriction, attribution, accounting, or compensation to you. You will not assert any moral right or similar right in the Feedback against the Licensor. The terms of this Section 6.3 are in addition to (and not in lieu of) any terms applicable to Submissions under Section 2.5.

7. Beta and Pre-Release Software

From time to time the Licensor makes pre-release versions of an Application available to selected users, including through Apple's TestFlight program. Pre-release software is provided AS IS and AS AVAILABLE, with all faults, and without any warranty whatsoever. Pre-release software may be incomplete, contain serious defects, behave unpredictably, lose or corrupt data, or be discontinued at any time without notice. You use pre-release software at your sole risk.

You agree that:

(a) any information you obtain about a pre-release Application, including its existence, features, defects, performance, and user interface, is confidential to the Licensor; (b) you will not publish, post, broadcast, share with any third party, or otherwise disclose any such information, including by means of screenshots, screen recordings, written description, or benchmarks, except to other authorized testers under the same confidentiality obligation; (c) you will not use a pre-release Application for production purposes or in any context in which its failure could cause loss or harm; and (d) the Licensor may revoke your access to a pre-release Application at any time and for any reason.

Sections 3 (to the extent consistent with the foregoing), 14, 15, 16, 17, 18, and 21 apply to pre-release software.

8. Updates and Update Checks

To deliver updates, an Application may periodically connect to a server controlled by the Licensor or its authorized update provider and transmit a minimal set of operational information necessary to determine whether an update is available and whether it is applicable to your installation. This information is operational in nature and is not used to identify you. Update checks may occur automatically and in the background. You may, to the extent the Application provides such a facility, disable automatic update checks; the Licensor has no obligation to provide such a facility, and disabling update checks may cause the Application to become insecure, lose features, or stop functioning.

9. Purchases, Subscriptions, and Refunds

9.1 App Store purchases

Where you acquire an Application or an IAP through the App Store, your transaction is governed by Apple's Apple Media Services Terms and Conditions. Apple processes the payment; the Licensor does not receive your name, address, or payment-instrument details. Apple provides the Licensor with a confirmation that an entitlement is active for your Apple ID, which the Licensor uses to unlock the purchased features. Refunds for App Store transactions are handled by Apple in accordance with Apple's policies.

9.2 Subscriptions

Where an Application offers a subscription, the subscription automatically renews at the price and frequency disclosed at the point of purchase until cancelled. You may cancel a subscription at any time through your App Store account settings, in accordance with Apple's policies. Cancellation takes effect at the end of the then- current billing period; no partial refunds are given.

9.3 Direct purchases

Where the Licensor offers a direct (non-App-Store) purchase channel, payment is processed by a third-party payment processor. The Licensor receives only the information necessary to fulfill and account for the transaction. All direct sales are final. You may, within fourteen (14) days of the date of purchase, request a refund by contacting the Licensor at the address in Section 23. Refunds are granted, denied, partially granted, or otherwise resolved at the sole and absolute discretion of the Licensor.

9.4 Pricing and taxes

The Licensor may change prices at any time. Price changes apply prospectively only and do not affect transactions already completed. You are responsible for all taxes, duties, and similar charges associated with your transactions, except for taxes on the Licensor's net income.

9.5 Promotional codes; trials

Promotional codes and free trials are offered at the Licensor's discretion, may be revoked at any time, are non-transferable, have no cash value, may not be combined with other offers, and are limited to one per person unless expressly stated otherwise.

10. Privacy Policy

This Section 10 describes how the Licensor handles information in connection with the Services. It is part of, and not separate from, this document.

10.1 Our general approach

We design our Applications to operate on your device wherever practical. We do not sell Personal Information. We do not engage in behavioral advertising. We do not knowingly use third-party analytics, advertising, or attribution software-development kits in our Applications. We collect only what we need to operate the Services, to fulfill transactions, to respond to communications, and to comply with law.

10.2 Categories of information we handle

The categories below describe what we may collect or receive. Not every category applies to every Service or to every user.

  • Information you give us. When you contact us, purchase directly from us, or otherwise communicate with us, we receive the information you provide, which may include your email address, the contents of your message, and (for direct purchases) information needed to process the transaction.
  • Operational information from our websites. When you visit our websites, our servers receive standard request information (such as Internet Protocol address, user-agent string, requested resource, response status, and timestamp). We use this information to operate and secure our websites and for diagnostic purposes. Retention is limited to what is reasonably required for those purposes.
  • App Store confirmations. Where you purchase an Application or an IAP through the App Store, we receive an anonymous confirmation from Apple that an entitlement is active. We do not receive your name, address, or payment details from Apple in connection with that confirmation.
  • Diagnostic information from Apple. If you have opted in to Apple's "Share with App Developers" setting on your device, Apple may share aggregated, anonymized crash and performance reports with us. You may turn this off at any time in your device's Privacy & Security settings.
  • iCloud-stored Application data. Where an Application offers iCloud synchronization, the synchronized data is stored in your private iCloud database under your Apple ID. We do not have access to it. Apple's privacy policy governs that data while it is in Apple's possession.
  • Information necessary for legal compliance. We may retain information necessary to comply with legal obligations, including records of transactions, tax records, and records reasonably required for the prevention, detection, or investigation of fraud or abuse.

We do not knowingly collect Personal Information from any Service beyond the categories described above.

10.3 How we use information

We use information for the purposes for which it was provided or collected, namely: to operate, secure, and improve the Services; to fulfill transactions; to provide customer support; to send transactional communications (such as receipts, security advisories, and material changes to this document); to detect and prevent fraud, abuse, and misuse; and to comply with law.

10.4 Sharing

We do not sell, rent, or trade Personal Information. We share information only:

  • with service providers acting on our behalf, under written terms that limit their use of the information to the services they provide to us;
  • with Apple, where the Services interact with the App Store, TestFlight, or iCloud, in each case subject to Apple's published terms;
  • in connection with a corporate transaction (such as a merger, acquisition, financing, or sale of assets), subject to customary confidentiality protections;
  • where reasonably necessary to enforce this document, to protect the rights, property, or safety of the Licensor or others, or to prevent fraud, abuse, or unlawful activity; and
  • where required by law, court order, or governmental request that the Licensor reasonably believes to be valid.

10.5 International transfers

We are located in the United States. If you access the Services from outside the United States, your information will be transferred to, processed in, and stored in the United States and in other jurisdictions where we or our service providers operate. Where required by law, we implement appropriate safeguards for international transfers (such as Standard Contractual Clauses).

10.6 Security

We use commercially reasonable administrative, technical, and physical safeguards to protect information from unauthorized access, alteration, disclosure, or destruction. No system is ever completely secure. We do not warrant that the Services or our safeguards will prevent every incident, and we are not responsible for unauthorized access that occurs notwithstanding such safeguards.

10.7 Cookies and similar technologies

Our public websites use only the strictly necessary cookies required to operate the website itself. We do not use advertising, attribution, or third-party analytics cookies on our public websites. Authenticated administrative interfaces use session cookies necessary to maintain a logged-in session.

10.8 Do Not Track

Because we do not engage in cross-context behavioral tracking, there is nothing for "Do Not Track" or Global Privacy Control signals to turn off. We honor those signals to the extent that they correspond to a right exercisable under applicable law.

10.9 Retention

We retain information only for as long as reasonably necessary for the purposes described in this Section 10 or as required by applicable law, after which it is deleted or anonymized in the ordinary course of business.

11. Children's Privacy

The Services are not directed to children. We do not knowingly collect Personal Information from any child under the age of thirteen (13) in the United States or under the age of sixteen (16) in the European Economic Area, the United Kingdom, and Switzerland (or such other age as is set by the applicable member- state implementation of the General Data Protection Regulation). If you are a parent or legal guardian and you believe that we have collected information from your child, contact us at the address in Section 23 and we will take reasonable steps to delete the information.

12. Regional Rights

This Section describes rights you may have under the law of your jurisdiction. The Licensor honors those rights to the extent required by applicable law. Where this document provides a benefit greater than the law requires, that greater benefit applies. Where applicable law provides a benefit greater than this document provides, that greater benefit applies.

12.1 European Economic Area, United Kingdom, and Switzerland

Where the General Data Protection Regulation, the United Kingdom General Data Protection Regulation, or the Swiss Federal Act on Data Protection applies, the Licensor acts as a controller with respect to Personal Information that it determines the purposes and means of processing. Our lawful bases for processing are: (a) the performance of a contract with you, (b) compliance with a legal obligation, (c) our legitimate interests in operating, securing, and improving the Services and in preventing fraud and abuse (balanced against your interests and rights), and (d) your consent where consent is required. You have the right to access your Personal Information, to request its rectification or erasure, to restrict or object to its processing, to data portability, and (where processing is based on consent) to withdraw your consent at any time. You also have the right to lodge a complaint with your supervisory authority. To exercise these rights, contact us at the address in Section 23. We will respond within the period required by applicable law.

12.2 California (CCPA / CPRA)

If you are a California resident, you have the right to know what categories of Personal Information we collect; to request a copy of the specific pieces of Personal Information we hold about you; to request the deletion of your Personal Information, subject to permitted exceptions; to correct inaccurate Personal Information; to limit the use and disclosure of "sensitive personal information" (which we do not knowingly collect); and to opt out of "sale" or "sharing" of Personal Information. We do not sell or share Personal Information within the meaning of the California Consumer Privacy Act as amended by the California Privacy Rights Act. You have the right not to be discriminated against for exercising your rights. To exercise these rights, contact us at the address in Section 23. We may verify your identity before responding. We will respond within the period required by applicable law.

12.3 Other U.S. state laws

To the extent that comprehensive state privacy laws (including those of Colorado, Connecticut, Virginia, Utah, Texas, Oregon, Montana, and similar jurisdictions) provide rights to access, correct, delete, or port Personal Information, or to opt out of targeted advertising, sale, or profiling that produces legal or similarly significant effects, the Licensor will honor those rights to the extent required by applicable law. We do not engage in targeted advertising, sale, or profiling.

12.4 Other jurisdictions

If you are located in a jurisdiction whose law affords additional rights with respect to Personal Information (including, without limitation, Quebec under Law 25, Brazil under the LGPD, and similar regimes), the Licensor will honor those rights to the extent required by applicable law. Contact us at the address in Section 23.

12.5 Authorized agent

Where applicable law permits you to designate an authorized agent to make a request on your behalf, we may require reasonable proof that the agent is authorized to act for you and may require you to verify your identity directly with us.

13. Security Reporting

If you believe that you have discovered a vulnerability in the Services, please report it to us at the address in Section 23. The Licensor does not operate a paid bug-bounty program and does not guarantee any response, acknowledgment, or compensation. Good- faith security research that (a) avoids harm to the Services and to users, (b) does not access, alter, or exfiltrate any data beyond what is strictly necessary to demonstrate the issue, (c) provides us with a reasonable period to investigate and remediate before public disclosure, and (d) does not violate any other provision of this document or applicable law, will not be the subject of a legal claim by the Licensor under this document.

14. Disclaimer of Warranties

Unless otherwise separately undertaken by the Licensor, to the extent possible, the Licensor offers all Applications, Source Code, and other Services AS-IS and AS-AVAILABLE, and makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, uninterrupted or error-free operation, security, or the presence or absence of errors, whether or not known or discoverable. The Licensor makes no warranty that the Services will meet your requirements, will be available at any particular time or place, or will produce any particular result. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to you.

15. Limitation of Liability

To the extent possible, in no event will the Licensor be liable to you on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this document or your access to or use of the Services, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to you.

The disclaimer of warranties and limitation of liability provided in Sections 14 and 15 shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.

16. Indemnification

You will defend, indemnify, and hold harmless the Licensor and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your access to or use of the Services in violation of this document; (b) your violation of any law or third- party right; (c) any content or material you submit to or through the Services; and (d) your willful misconduct or gross negligence. The Licensor reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with the Licensor's defense of the claim. You will not settle any claim without the Licensor's prior written consent.

17. Termination

This document remains in effect until terminated. Your rights under this document will terminate automatically and without notice if you fail to comply with any provision. The Licensor may also terminate this document, or suspend or terminate your access to any or all of the Services, at any time, for any reason or no reason, with or without notice. Upon termination, you must cease all use of the Services and destroy all copies in your possession or control. Provisions that by their nature should survive termination — including Sections 1, 2, 5, 6, 9.4, 10, 14, 15, 16, 17, 18, 19, 21, 22, and 23 — shall survive.

18. Governing Law; Disputes; Class-Action Waiver

18.1 Governing law and venue

This document, and any dispute arising out of or relating to this document or the Services, are governed by the laws of the State of New York, without regard to its conflict-of-laws provisions, and, where applicable, the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

18.2 Mandatory binding arbitration

Except as set forth in Section 18.5, any and all disputes, claims, or controversies arising out of or relating to this document or the Services (each, a "Dispute") will be resolved exclusively by final and binding individual arbitration, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules (or, where consumer-protection law requires, its Consumer Arbitration Rules), as modified by this Section. The arbitration will be conducted in the County of New York, State of New York, or by video conference at the arbitrator's election. The arbitrator's award is final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.3 Class-action waiver

You and the Licensor agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action. Unless both you and the Licensor agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim, that claim (and only that claim) must be severed from the arbitration and brought in the courts identified in Section 18.6.

18.4 Confidentiality of arbitration

Except as necessary to enforce or confirm an award, or as required by law, the existence, content, and result of any arbitration will be kept confidential by you, the Licensor, and the arbitrator.

18.5 Carve-outs

Notwithstanding the foregoing:

(a) either party may bring an individual action in small-claims court for disputes within the scope of that court's jurisdiction; (b) either party may seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect its intellectual-property rights or its confidential information; and (c) claims of intellectual-property infringement may, at the Licensor's election, be brought in court.

18.6 Forum for non-arbitrable disputes

Where Section 18.5 permits or requires a Dispute to be brought in court, you and the Licensor consent to the exclusive personal jurisdiction and venue of the state and federal courts located in the County of New York, State of New York, and waive any objection to the jurisdiction or venue of those courts.

18.7 Opt-out of arbitration

You may opt out of the arbitration provisions of Sections 18.2 to 18.5 by sending the Licensor a written notice at the address in Section 23 within thirty (30) days of the date you first agreed to this document, including your name, the email address associated with your access to the Services, and a clear statement that you wish to opt out. An opt-out notice does not affect any other provision of this document.

18.8 Limitations period

Any claim arising out of or relating to this document or the Services must be filed within one (1) year after the claim accrued, or it is forever barred, except to the extent applicable law prohibits a shorter limitations period than the period otherwise provided by statute, in which case the longer statutory period applies.

19. Export Controls; Government Users

19.1 Export controls

The Services may be subject to U.S. export-control laws, including the Export Administration Regulations and the sanctions programs administered by the Office of Foreign Assets Control. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions, and that you are not listed on any U.S. Government list of prohibited or restricted parties. You will not export, re-export, transfer, or make available the Services in violation of applicable export-control laws.

19.2 U.S. Government end users

The Services are "Commercial Items," consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as those terms are used in 48 C.F.R. § 2.101. Consistent with 48 C.F.R. § 12.212 and 48 C.F.R. §§ 227.7202-1 through 227.7202-4, any use, modification, reproduction, release, performance, display, or disclosure of the Services by or for the U.S. Government is subject solely to the terms of this document.

20. Takedown Notices

If you believe that material accessible through the Services infringes your copyright or other intellectual-property right, send a written notice to the Licensor at the address in Section 23. To be effective, the notice should include: (i) your physical or electronic signature; (ii) identification of the work you claim has been infringed; (iii) identification of the allegedly infringing material and a description sufficient for the Licensor to locate it; (iv) your contact information; (v) a statement that you have a good-faith belief that the use is not authorized by the rights- holder, its agent, or the law; and (vi) a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the rights-holder. The Licensor will respond to properly submitted notices in accordance with applicable law.

21. General Provisions

21.1 Entire agreement

This document constitutes the entire agreement between you and the Licensor regarding the subject matter hereof and supersedes any prior or contemporaneous oral or written agreements concerning that subject matter.

21.2 Severability

If any provision of this document is held to be invalid, illegal, or unenforceable, that provision will be modified to the minimum extent necessary to render it valid, legal, and enforceable, or, if such modification is not possible, severed from this document, and the remaining provisions will continue in full force and effect.

21.3 No waiver

The Licensor's failure to enforce any provision of this document is not a waiver of that provision or any other provision. No waiver is effective unless made in a writing signed by an authorized officer of the Licensor.

21.4 Assignment

You may not assign or transfer this document or any of your rights or obligations under it, by operation of law or otherwise, without the Licensor's prior written consent; any attempted assignment in violation of the foregoing is void. The Licensor may assign or transfer this document or any of its rights or obligations under it, in whole or in part, at any time and without notice or consent.

21.5 No third-party beneficiaries

Except as expressly stated in Section 4 (Apple App Store), this document confers no rights or remedies on any person other than the parties.

21.6 Force majeure

The Licensor will not be liable for any failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including (without limitation) acts of God, natural disaster, fire, flood, epidemic, pandemic, war, terrorism, civil unrest, labor disturbance, governmental action, infrastructure or communications failure, denial-of-service or other malicious attack, and failure of any third party.

21.7 Notices

The Licensor may provide notices to you through the Services, through the email address associated with your access to the Services (where one is available), or by posting on our website. Notices to the Licensor must be sent to the address in Section 23.

21.8 Relationship of the parties

Nothing in this document creates any partnership, joint venture, agency, employment, or fiduciary relationship between you and the Licensor.

21.9 Language

The English-language version of this document is the controlling version. Any translation is provided for convenience only and has no legal effect.

21.10 Electronic delivery and signatures

You consent to receive this document and any related notices electronically. An electronic indication of assent has the same force and effect as a written signature.

21.11 Headings

Headings are for convenience only and do not affect interpretation.

21.12 Construction

This document has been negotiated by parties of equal sophistication and will not be construed against the drafter.

22. Changes to This Document

The Licensor may modify this document at any time. Modifications take effect upon posting the revised document at the same web address, or upon any other notice the Licensor reasonably provides. The "Effective date" at the top of this document indicates when it was last revised. Your continued access to or use of the Services after the modification takes effect constitutes your acceptance of the revised document. If you do not agree to a modification, your sole remedy is to stop using the Services.

23. Contact

For questions, notices, or requests under this document, including requests under Section 12 (Regional Rights) and notices under Section 20 (Takedown Notices):

Profiteroles, LLC 1521 Concord Pike, Suite 201 Wilmington, DE 19803 United States Email: info@profiteroles.org

This document was last revised on the Effective date set forth at the top of this page.