This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Card Opening Simulator app service (the “App”, “Service” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any content, materials, AI-generated outputs, suggestions, recommendations, text, graphics, links, software components, data, or other information generated, provided, or made available through the Services, whether created by Us, generated by algorithms, or supplied by third parties.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to Our terms, Your parent or guardian must agree to Our terms on Your behalf. In such case, please ask Your parent or guardian to read these terms with You.
If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You, and You are responsible for Your teenager’s activity on the Services.
Your Information
By using the Services, You may provide Us with personal information like Your email address, user name, billing information, birthdate, and other information that You enter. Please see Our Privacy Policy.
Prohibited Uses
We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.
You may not:
Use the Services for competitive research;
Reverse engineer the Services or the Assets;
Use automated tools to access, interact with, or generate Assets through the Services;
Share Your account (only one user may use the Services per registered account);
Violate these Terms of Service or other policies applicable to the Services;
Violate the privacy, publicity, or other rights of any third party;
Use the Services to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
Interfere with or disrupt the Services or servers or networks connected to the Services;
Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by Us to You through the Services;
Use the Services (a) for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (b) to provide financial advice; or (c) generate any Assets or engage in any sharing of Assets used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
Attempt to do any of the above.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Virtual Coins
The App includes a virtual currency referred to as “Coins.” Coins may be used within the App to obtain virtual packs, virtual items, power-ups, and other features.
Users may receive a limited number of Coins for free when installing the App. Additional Coins may be obtained through optional in-app purchases.
Coins:
have no real-world monetary value
cannot be redeemed for cash
cannot be exchanged for real-world goods or services
cannot be transferred, sold, or traded to other users
Coins are licensed, not sold, to you and remain the property of WhatsGoodApps LLC.
Coins do not expire, but they may be permanently lost if the App is deleted, the App data is cleared, or the App is removed from a device.
In-App Purchases
The App may allow users to purchase Coins through the applicable app marketplace (such as the Apple App Store).
All in-app purchases are processed by the applicable marketplace provider and are subject to that provider’s payment terms and policies.
All purchases are final and non-refundable, except where required by applicable law or the policies of the applicable marketplace provider.
We do not control the billing process for in-app purchases and are not responsible for payment processing errors or disputes handled by the marketplace provider.
Virtual Packs and Cards
The App allows users to obtain virtual card packs (“Packs”) using Coins.
Each Pack contains one or more randomly generated virtual cards (“Cards”). Cards may be assigned a rarity category, which may include categories such as:
Common
Rare
Epic
Legendary
Mythic
Retro
Cards obtained through Packs are randomized digital items generated using internal randomization systems and algorithms.
Opening a Pack produces a randomized outcome. We do not guarantee that a user will receive any particular Card, rarity level, or outcome when opening a Pack.
Each Pack opening is independent, and previous results do not influence future outcomes.
Probability Disclosure
The App may display the probability of receiving Cards of different rarity levels within specific Packs.
These probabilities apply individually to each Pack opening. Each Pack opening is independent and random, and the results of previous Pack openings do not influence future outcomes.
Displayed probabilities represent the odds at the time the Pack is opened and may vary between different Pack types.
Card Burning
After obtaining a Card, users may choose to:
Keep the Card in their collection, or
Burn the Card
Burning a Card permanently removes the Card from the user’s collection and awards a specified number of Coins.
Burn values are determined by the rarity category of the Card and may be displayed within the App.
Burning a Card is permanent and irreversible.
Card Value Changes
Cards that are kept in a user’s collection may increase in their burn value over time.
These increases are determined by the App and may occur periodically. We do not guarantee any specific rate of increase or timing of value changes.
Virtual Economy Adjustments
The App contains a virtual economy involving Coins, Packs, Cards, burn values, rarity levels, and other digital features.
To maintain the proper operation and balance of the App, We reserve the right to modify or adjust the virtual economy at any time, including without limitation:
modifying card burn values
changing how burn values increase over time
adjusting rarity distributions
modifying Pack types or Pack prices
adding, removing, or replacing Cards
introducing new Packs, rarity levels, or virtual items
Such changes may affect the perceived value or usefulness of previously obtained Coins or Cards.
We do not guarantee the future value, usefulness, or availability of any virtual item.
Ownership of Virtual Items
All virtual items within the App, including Coins, Packs, Cards, and other digital content, are licensed to users and remain the property of WhatsGoodApps LLC.
Users are granted a limited, revocable, non-transferable license to use these items solely within the App.
Loss of Virtual Items
Coins, Cards, Packs, and other virtual items may be stored locally on a user’s device and may not be associated with a user account.
Deleting the App, clearing App data, reinstalling the App, changing devices, resetting a device, software updates, or device malfunctions may result in the permanent loss of Coins, Cards, and other virtual items.
We are not responsible for restoring or recovering lost virtual items.
No Real-World Value
Coins, Cards, Packs, and all other virtual items:
have no cash value
cannot be redeemed for money
cannot be exchanged for real-world goods or services
cannot be sold, transferred, or traded outside the App
Any attempt to transfer or sell virtual items outside the App may result in suspension or termination of access to the App.
No Gambling
The App is intended solely for entertainment purposes.
Although the App includes randomized outcomes when opening Packs, the App does not involve gambling.
Users do not wager real money for the opportunity to win money or prizes. All virtual items obtained within the App have no real-world monetary value and cannot be redeemed for money.
No Investment or Asset Value
Coins, Cards, Packs, and other digital items within the App are provided solely for entertainment purposes.
These items are not investments, financial instruments, securities, or assets of any kind.
Users should not obtain Coins or Cards with the expectation of financial gain or profit. Changes in card burn values or rarity levels do not represent real-world appreciation or financial value.
Daily Check-In Rewards
The App may provide users with optional daily rewards, including Coins, for opening or accessing the App on a given day (“Daily Check-In Rewards”).
Daily Check-In Rewards are offered for promotional and entertainment purposes only. We reserve the right to modify, suspend, or discontinue Daily Check-In Rewards at any time, including changes to the amount, timing, eligibility, or availability of such rewards.
Daily Check-In Rewards are not guaranteed and may not be available at all times.
Daily Check-In Rewards must be claimed by accessing the App. Unclaimed rewards do not accumulate, carry over, or retroactively apply if a day is missed.
We may use automated systems to verify eligibility for Daily Check-In Rewards and may withhold or revoke such rewards if manipulation, abuse, or attempts to circumvent system controls (including device clock manipulation or other methods) are detected.
Entertainment Purpose
The App and all features within the App are provided solely for entertainment purposes.
We do not guarantee that users will obtain any particular Cards, rarity levels, or outcomes when opening Packs.
User experiences may vary due to the randomized nature of certain App mechanics.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:
Your use of or reliance on any AI-generated suggestions or outputs.
Any inaccuracy, incompleteness, delay, or error in the algorithms, or outputs provided by the App.
Any decisions you make based on the App’s features; or.
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.
The Service is not intended to provide financial advice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input by You, (b) Your use of the Services, including Your access to, use of, or misuse of the Services or Assets, or (c) Your violation of these Terms of Service (including use of the Services in violation of these Terms of Service).
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.
COS TOS
Terms of Service
Last updated July 18, 2026.
This Agreement is entered into by WhatsGoodApps LLC (“WhatsGoodApps,” “We,” “Us,” or “Our”), the developer of the Card Opening Simulator app service (the “App”, “Service” or “Services”), and the entity or person agreeing to these terms (the “Customer,” “You” or “Your”), and governs the Customer’s access to and use of the Services.
For purposes of this Agreement, “Assets” means any content, materials, AI-generated outputs, suggestions, recommendations, text, graphics, links, software components, data, or other information generated, provided, or made available through the Services, whether created by Us, generated by algorithms, or supplied by third parties.
This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the “Effective Date”) or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.
Service Availability and Quality
We are constantly improving the Services to make them better. The Services are subject to modification and change. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.
Age Requirements
By accessing the Services, You confirm that You are at least 18 years old and meet the minimum age of digital consent in Your country. If You are old enough to access the Services in Your country, but not old enough to have authority to consent to Our terms, Your parent or guardian must agree to Our terms on Your behalf. In such case, please ask Your parent or guardian to read these terms with You.
If You are a parent or legal guardian, and You allow Your teenager to use the Services, then these terms also apply to You, and You are responsible for Your teenager’s activity on the Services.
Your Information
By using the Services, You may provide Us with personal information like Your email address, user name, billing information, birthdate, and other information that You enter. Please see Our Privacy Policy.
Prohibited Uses
We reserve the right to suspend or ban Your access to the Services at any time, and for any reason.
You may not:
Use the Services for competitive research;
Reverse engineer the Services or the Assets;
Use automated tools to access, interact with, or generate Assets through the Services;
Share Your account (only one user may use the Services per registered account);
Violate these Terms of Service or other policies applicable to the Services;
Violate the privacy, publicity, or other rights of any third party;
Use the Services to stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people;
Interfere with or disrupt the Services or servers or networks connected to the Services;
Access or otherwise obtain any materials or information through any means not intentionally made available or provided for by Us to You through the Services;
Use the Services (a) for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (b) to provide financial advice; or (c) generate any Assets or engage in any sharing of Assets used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use);
Use the Services in any way that violates any applicable national, federal, state, local or international law or regulation; or
Attempt to do any of the above.
We reserve the right to investigate complaints or reported violations of Our Terms of Service and to take any action We deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
Virtual Coins
The App includes a virtual currency referred to as “Coins.” Coins may be used within the App to obtain virtual packs, virtual items, power-ups, and other features.
Users may receive a limited number of Coins for free when installing the App. Additional Coins may be obtained through optional in-app purchases.
Coins:
have no real-world monetary value
cannot be redeemed for cash
cannot be exchanged for real-world goods or services
cannot be transferred, sold, or traded to other users
Coins are licensed, not sold, to you and remain the property of WhatsGoodApps LLC.
Coins do not expire, but they may be permanently lost if the App is deleted, the App data is cleared, or the App is removed from a device.
In-App Purchases
The App may allow users to purchase Coins through the applicable app marketplace (such as the Apple App Store).
All in-app purchases are processed by the applicable marketplace provider and are subject to that provider’s payment terms and policies.
All purchases are final and non-refundable, except where required by applicable law or the policies of the applicable marketplace provider.
We do not control the billing process for in-app purchases and are not responsible for payment processing errors or disputes handled by the marketplace provider.
Virtual Packs and Cards
The App allows users to obtain virtual card packs (“Packs”) using Coins.
Each Pack contains one or more randomly generated virtual cards (“Cards”). Cards may be assigned a rarity category, which may include categories such as:
Common
Rare
Epic
Legendary
Mythic
Retro
Cards obtained through Packs are randomized digital items generated using internal randomization systems and algorithms.
Opening a Pack produces a randomized outcome. We do not guarantee that a user will receive any particular Card, rarity level, or outcome when opening a Pack.
Each Pack opening is independent, and previous results do not influence future outcomes.
Probability Disclosure
The App may display the probability of receiving Cards of different rarity levels within specific Packs.
These probabilities apply individually to each Pack opening. Each Pack opening is independent and random, and the results of previous Pack openings do not influence future outcomes.
Displayed probabilities represent the odds at the time the Pack is opened and may vary between different Pack types.
Card Burning
After obtaining a Card, users may choose to:
Keep the Card in their collection, or
Burn the Card
Burning a Card permanently removes the Card from the user’s collection and awards a specified number of Coins.
Burn values are determined by the rarity category of the Card and may be displayed within the App.
Burning a Card is permanent and irreversible.
Card Value Changes
Cards that are kept in a user’s collection may increase in their burn value over time.
These increases are determined by the App and may occur periodically. We do not guarantee any specific rate of increase or timing of value changes.
Virtual Economy Adjustments
The App contains a virtual economy involving Coins, Packs, Cards, burn values, rarity levels, and other digital features.
To maintain the proper operation and balance of the App, We reserve the right to modify or adjust the virtual economy at any time, including without limitation:
modifying card burn values
changing how burn values increase over time
adjusting rarity distributions
modifying Pack types or Pack prices
adding, removing, or replacing Cards
introducing new Packs, rarity levels, or virtual items
Such changes may affect the perceived value or usefulness of previously obtained Coins or Cards.
We do not guarantee the future value, usefulness, or availability of any virtual item.
Ownership of Virtual Items
All virtual items within the App, including Coins, Packs, Cards, and other digital content, are licensed to users and remain the property of WhatsGoodApps LLC.
Users are granted a limited, revocable, non-transferable license to use these items solely within the App.
Loss of Virtual Items
Coins, Cards, Packs, and other virtual items may be stored locally on a user’s device and may not be associated with a user account.
Deleting the App, clearing App data, reinstalling the App, changing devices, resetting a device, software updates, or device malfunctions may result in the permanent loss of Coins, Cards, and other virtual items.
We are not responsible for restoring or recovering lost virtual items.
No Real-World Value
Coins, Cards, Packs, and all other virtual items:
have no cash value
cannot be redeemed for money
cannot be exchanged for real-world goods or services
cannot be sold, transferred, or traded outside the App
Any attempt to transfer or sell virtual items outside the App may result in suspension or termination of access to the App.
No Gambling
The App is intended solely for entertainment purposes.
Although the App includes randomized outcomes when opening Packs, the App does not involve gambling.
Users do not wager real money for the opportunity to win money or prizes. All virtual items obtained within the App have no real-world monetary value and cannot be redeemed for money.
No Investment or Asset Value
Coins, Cards, Packs, and other digital items within the App are provided solely for entertainment purposes.
These items are not investments, financial instruments, securities, or assets of any kind.
Users should not obtain Coins or Cards with the expectation of financial gain or profit. Changes in card burn values or rarity levels do not represent real-world appreciation or financial value.
Daily Check-In Rewards
The App may provide users with optional daily rewards, including Coins, for opening or accessing the App on a given day (“Daily Check-In Rewards”).
Daily Check-In Rewards are offered for promotional and entertainment purposes only. We reserve the right to modify, suspend, or discontinue Daily Check-In Rewards at any time, including changes to the amount, timing, eligibility, or availability of such rewards.
Daily Check-In Rewards are not guaranteed and may not be available at all times.
Daily Check-In Rewards must be claimed by accessing the App. Unclaimed rewards do not accumulate, carry over, or retroactively apply if a day is missed.
We may use automated systems to verify eligibility for Daily Check-In Rewards and may withhold or revoke such rewards if manipulation, abuse, or attempts to circumvent system controls (including device clock manipulation or other methods) are detected.
Entertainment Purpose
The App and all features within the App are provided solely for entertainment purposes.
We do not guarantee that users will obtain any particular Cards, rarity levels, or outcomes when opening Packs.
User experiences may vary due to the randomized nature of certain App mechanics.
Limitation of Liability
To the fullest extent permitted by law, WhatsGoodApps LLC and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (including but not limited to loss of profits or any other financial losses) arising from:
Your use of or reliance on any AI-generated suggestions or outputs.
Any inaccuracy, incompleteness, delay, or error in the algorithms, or outputs provided by the App.
Any decisions you make based on the App’s features; or.
Your use of or interaction with any Third-Party Services.
Both the Services and the Assets are provided to Customer on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Service and assume any risks associated with use of the Services.
The Service is not intended to provide financial advice.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WHATSGOODAPPS NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, AFFILIATES AND AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WHATSGOODAPPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY RELATED INFORMATION; (B) UNAUTHORIZED ACCESS TO THE SERVICES; (C) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS) OF THE SERVICES; OR (D) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL WHATSGOODAPPS’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE SERVICE IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
Indemnification
You will indemnify, defend and hold harmless WhatsGoodApps and its affiliates, shareholders, officers, directors, employees, agents and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including, reasonable attorneys’ fees) (“Claims”), arising out of and relating to (a) any Claims concerning information input by You, (b) Your use of the Services, including Your access to, use of, or misuse of the Services or Assets, or (c) Your violation of these Terms of Service (including use of the Services in violation of these Terms of Service).
Dispute Resolution and Governing Law
ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) (“Dispute”) WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, USA, EXCLUDING NEW YORK’S CONFLICTS OF LAWS RULES.
The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association in accordance with its Expedited Commercial Rules in force as of the date of this Agreement (“Rules”). The parties will mutually select one arbitrator. The arbitration will be conducted in English in New York County, New York, USA.
Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.
The arbitral award will be final and binding on the parties, and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property. Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.
Force Majeure
Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, terrorism, riots, pandemics or war.
Waiver and Severability
If You do not comply with a portion of these Terms and We do not take action right away, this does not mean We are giving up any of Our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
California Residents Notice
If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at:
Department of Consumer Affairs
Consumer Information Center
1625 North Market Blvd., Suite N 112
Sacramento, CA 95834
Telephone: (800) 952-5210
Contact Information
Please direct all inquiries to support@whatsgoodapps.com.