Terms of Use
Last updated: October 21, 2026
These Terms of Use (“Terms”) are a legal agreement between you and Apps You Need, LLC, an Ohio limited liability company based in Rocky River, Ohio, United States (“Company”, “we”, “us” or “our”). They govern your use of our website at www.appsyouneed.com (the “Website”) and our mobile and desktop applications, including PepperBox™, Kidlatta™, Kid Chart™, Kid Turns™, Kid Banking™ and Kid Bank™, and any other app we publish that links to these Terms (each an “App”, and together with the Website, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. SECTIONS 14 (DISCLAIMER OF WARRANTIES), 15 (LIMITATION OF LIABILITY) AND 16 (INDEMNIFICATION) LIMIT OUR LIABILITY AND REQUIRE YOU TO PROTECT US FROM CERTAIN CLAIMS.
IF YOU LIVE IN THE UNITED STATES, SECTION 19 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 19.
Jump to a section
- 1. Part A: Agreement to these Terms
- 2. Eligibility and accounts
- 3. License to use the Services
- 4. Your Content
- 5. Information about other people
- 6. Acceptable use
- 7. Child Safety Standards
- 8. Free features, ads and subscriptions
- 9. Apple App Store and Google Play terms
- 10. Third-party services and links
- 11. Feedback
- 12. Part B: Family and children’s Apps
- 13. Part C: The PepperBox App
- 14. Disclaimer of warranties
- 15. Limitation of liability
- 16. Indemnification
- 17. Termination
- 18. Changes to the Services and these Terms
- 19. Governing law, arbitration and class action waiver
- 20. Your rights under local consumer laws
- 21. General terms
- 22. Language
- 23. Contact
1. Part A: Agreement to these Terms
By creating an account, clicking to accept these Terms, or downloading, accessing or using any of the Services, you agree to be bound by these Terms and by our Privacy Policy (the “Privacy Policy”), which is incorporated into these Terms by reference. If you do not agree, do not use the Services.
These Terms have three parts:
- Part A (Sections 1 to 11 and 14 to 23) applies to everyone who uses the Website or any App.
- Part B (Section 12) contains additional terms for our family and children’s Apps.
- Part C (Section 13) contains additional terms for the PepperBox App.
If a term in Part B or Part C conflicts with Part A, the Part B or Part C term controls for that App.
2. Eligibility and accounts
Eligibility. You must be at least 18 years old, or the age of majority where you live if that is older, to create an account or accept these Terms. Additional age rules for specific Apps are in Sections 12 and 13. By using the Services, you confirm that you meet these requirements and that you are not barred from using the Services under any applicable law.
Your account. You are responsible for your account, for keeping your sign-in details secure, and for all activity under your account. You can use the same account across our Apps. Tell us promptly at info@appsyouneed.com if you think someone has accessed your account without permission. You can delete your account in each App at any time under Settings > Account > Delete account.
Accurate information. You agree to give us accurate account information and keep it up to date.
3. License to use the Services
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable license to download and use the Apps on devices you own or control, and to access the Website, solely for your personal, non-commercial use. If you downloaded an App from the Apple App Store or Google Play, this license is also subject to that store’s usage rules (see Section 9).
We and our licensors keep all rights, title and interest in the Services, including all software, designs, text, graphics, logos and trademarks (including PepperBox™, Kidlatta™, Kid Chart™, Kid Turns™, Kid Banking™ and Kid Bank™). No rights are granted to you except as expressly set out in these Terms.
4. Your Content
“Your Content” means anything you enter, upload or store in the Services, including names, photos, notes, dates, contact details, ratings, balances, charts and other information.
- Ownership. You keep ownership of Your Content.
- License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process and display Your Content only as needed to operate, provide, secure and improve the Services for you, and as described in the Privacy Policy. This license ends when Your Content is deleted from our systems, except for copies kept in backups or as required by law for a limited period.
- Your responsibility. You are solely responsible for Your Content and for having all rights needed to enter it. We do not review Your Content before it is stored and do not endorse it.
- Backups. Keep your own copies of anything important. We are not responsible for loss of Your Content, to the extent permitted by law.
- Removal. We may remove or disable access to any of Your Content that we reasonably believe violates these Terms, the Privacy Policy or the law.
5. Information about other people (Third-Party Information)
Some Apps let you enter information about people other than yourself, such as your children, students or others in your care, friends, family members, partners, romantic partners, people you are dating, or potential partners or dating prospects. As in Section 2A of the Privacy Policy, information you enter about another person is “Third-Party Information”, and the person it is about is a “Third Party”.
Your sole responsibility. You are solely responsible for all Third-Party Information you enter, including verifying that it is accurate. We do not verify Third-Party Information and are not responsible for its accuracy, completeness or lawfulness.
Your representations and warranties. Each time you enter, upload or store Third-Party Information, you represent and warrant to us that:
- you have the legal right, and all consents, authorizations and notices required by applicable law, to provide it to us and for us to process it as described in the Privacy Policy;
- if it is about a child, you are the child’s parent or legal guardian, or are otherwise legally authorized to provide it;
- if it is about a student, you are authorized by the relevant school or institution and are complying with applicable student privacy laws and that institution’s policies;
- it is accurate, complete and current to the best of your knowledge, and you will promptly correct or delete it if it changes or becomes inaccurate;
- it is not false, misleading, defamatory, disparaging, harassing or threatening, and does not violate any law or any person’s rights of privacy, publicity or other rights; and
- you will not enter sensitive information about a Third Party (such as their health, sexual orientation or sex life, religious beliefs, racial or ethnic origin, or precise location) unless the Third Party has given you their explicit consent or the law otherwise permits it.
Third Parties’ rights. Third Parties have privacy rights under the Privacy Policy and applicable law. If a Third Party asks us to access, correct or delete information about them, we may do so even if that changes or removes Your Content, and we are not liable to you for doing so.
6. Acceptable use
You agree not to, and not to help anyone else to:
- use the Services for anything illegal, or to harass, stalk, monitor, track, threaten, intimidate, defame, disparage, embarrass, expose, exploit or harm anyone;
- store, upload or share any content that sexually exploits or endangers children, or use the Services to facilitate contact with a minor for any such purpose (see Section 7);
- enter information you know or suspect is false, or that was obtained unlawfully;
- upload content you do not have the right to use, or that infringes anyone’s intellectual property, privacy or publicity rights;
- upload viruses or other harmful code;
- copy, modify, distribute, sell or lease any part of the Services, or reverse engineer, decompile or try to extract the source code of the Apps, except where the law expressly permits this despite this restriction;
- try to break, overload, disrupt or gain unauthorized access to the Services or our systems, or bypass any security or access limits;
- use bots, scrapers or other automated means to access the Services or collect data, including data about other users;
- use the Services to build a competing product; or
- use the Services in any way that violates these Terms, the Privacy Policy or applicable law.
We may investigate suspected violations, and we may remove content and suspend or end accounts that violate these Terms.
7. Child Safety Standards (Child Sexual Abuse and Exploitation)
These are the published child safety standards of Apps You Need, LLC for all of our Apps, including PepperBox: dating dashboard and our family and children’s Apps, on Google Play and the App Store.
Apps You Need, LLC has zero tolerance for child sexual abuse and exploitation (CSAE), including child sexual abuse material (CSAM).
What we prohibit
- Any content or behavior that sexually exploits or endangers children, including CSAM, grooming, sextortion, and sexualized content involving minors.
- Using any App to store, organize, or facilitate contact with a minor for any sexual or exploitative purpose.
How our Apps work. Our Apps are private organizers. They have no public profiles, no user directory, no public posting and no messaging between users. Content a user enters stays in that user’s own account and is not shown to other users, so the Apps cannot be used to distribute content to others.
How to report a concern. Email info@appsyouneed.com with the subject “Child Safety”, or use Settings → Help in the App. Please include details but do not send the material itself to us.
What we do. We review reports promptly. Where a report is credible, we remove the content and suspend or delete the account, and we do not allow that person to return. Where we have actual knowledge of CSAM, we report it to the appropriate authorities, including the National Center for Missing & Exploited Children (NCMEC) in the United States, and we cooperate with law enforcement as the law requires. We comply with applicable child safety laws.
Child safety contact: Apps You Need, LLC, info@appsyouneed.com.
8. Free features, ads and subscriptions
Free use with ads. The Apps are free to use with ads. Advertising is described in the Privacy Policy. We do not control advertisers or their websites, apps, products or services, and links in ads take you outside the App.
Paid subscriptions. You can upgrade to a paid subscription that removes ads and unlocks additional features. For the family and children’s Apps, the subscription is called Platinum. For PepperBox, it is called Unlimited. Prices and features are shown in the App before you buy.
- Purchases are made through the Apple App Store or Google Play and are subject to their terms. We do not process payments and do not receive your payment card details.
- Subscriptions renew automatically until you cancel. Manage or cancel in your Apple ID or Google Play subscription settings at least 24 hours before the end of the current period. Deleting an App or your account does not cancel a subscription.
- Refunds are handled by Apple or Google under their policies, except where the law requires otherwise.
- Offer codes are redeemed through the App Store or Google Play and follow their terms.
- We may change features or prices. Price changes for existing subscribers follow the store’s rules and applicable law.
9. Apple App Store and Google Play terms
Apple. If you downloaded an App from the Apple App Store, you and we acknowledge that:
- these Terms are between you and Company only, not Apple Inc. (“Apple”), and Company, not Apple, is solely responsible for the App and its content;
- your license to use the App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the App may be accessed by other accounts associated with you through Family Sharing or volume purchasing;
- Apple has no obligation to provide any maintenance or support for the App;
- if the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) for the App to you; to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App, and any other claims, losses, liabilities, costs or expenses attributable to any failure to conform to any warranty are Company’s responsibility, subject to Sections 14 and 15;
- Company, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation;
- if any third party claims that the App or your possession and use of it infringes that third party’s intellectual property rights, Company, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim;
- you represent and warrant that 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 that you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third-party terms of agreement when using the App; and
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
Questions, complaints or claims about an App should be sent to Company at the contact details in Section 23.
Google. If you downloaded an App from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to these Terms and is not responsible for the App.
10. Third-party services and links
The Services use third-party services such as Firebase, Google AdMob, RevenueCat and Sentry, and may contain links to third-party websites, apps and sign-in providers (such as Sign in with Apple or Google). Their own terms and privacy policies apply to their services. We do not control and are not responsible for third-party services, content or practices, and your use of them is at your own risk.
11. Feedback
If you send us suggestions, ideas or feedback, you hereby grant us a perpetual, irrevocable, worldwide, royalty-free right to use them for any purpose without obligation to you.
12. Part B: Additional terms for family and children’s Apps
This Section applies to Kidlatta™, Kid Chart™, Kid Turns™, Kid Banking™, Kid Bank™ and any other family or children’s App we publish (each a “Family App”).
Who the Family Apps are for. The Family Apps are designed for, marketed to and intended to be used by adults: parents, legal guardians, teachers, coaches and other adult caregivers who use them to organize and manage information about children in their care. The Family Apps are not directed to children and are not designed for children to use on their own.
- Adult operation. All information in a Family App is entered and managed by the adult account holder. The Family Apps do not ask children for any personal information, and do not include chat, messaging, social, sharing or other features that let a child communicate or provide information.
- Viewing with a child. An adult may choose to show a chart, balance, schedule or other screen to a child, or let a child look at a screen, but only under that adult’s direct supervision. The adult remains responsible for the child’s activity on the device at all times.
- If a child uses an App on their own. If you believe a child has used a Family App without adult supervision, or has entered information about themselves, you can delete that information from within the app, or contact us at info@appsyouneed.com and we will delete that information on your behalf.
Parent and guardian responsibility. By using a Family App, you confirm that you are the parent or legal guardian of each child whose information you enter, or are otherwise legally authorized to act for them, and that you accept these Terms on behalf of yourself and your child. You are responsible for:
- supervising your child’s use of devices and the Family Apps, including any links or ads that lead outside the App;
- all information you enter about your child or any other child, which is Third-Party Information under Section 5; and
- any purchases made on your account. Purchases must be made by a parent or guardian, and we recommend using your device’s purchase approval or parental control settings.
Children’s privacy. We do not knowingly collect Personal Information directly from children. See the Privacy Policy, including Section 9 (“Children’s Privacy, Child Safety, and Child Safety Standards”).
Photos and information about other children. Be thoughtful about adding photos or details of children who are not your own. Only add them where you have the permission of that child’s parent or guardian.
Ads in Family Apps. Ads in the Family Apps are shown to the adult account holder. Because a child may see a screen while viewing it with you, we use ad settings designed to keep ads family-appropriate, and ads are not personalized based on any child’s information.
Money-tracking features. Kid Banking, Kid Bank and any money-tracking feature in a Family App are tools for tracking and teaching about money, such as allowances, savings, and spending. They:
- do not hold, move, transfer, invest or pay real money, and no real funds are deposited with or held by us;
- are not a bank, credit union, payment service, money transmitter or other financial institution, and balances are not deposits, are not insured (including by the FDIC) and earn no real interest;
- show only the amounts and transactions you enter, and any “interest”, “rewards” or similar figures are calculated only from your own entries for teaching purposes; and
- do not provide financial, investment, tax or legal advice.
Any real money you give your child or ward, and any promise you make to them about it, is solely between you and your child or ward.
Charts, turns, and rewards (including Kid Chart™ and Kid Turns™). Charts, schedules, turn-taking, reward and routine features are organizational tools for your family. You decide how to use them. We make no promises about any behavioral, developmental or educational outcome, and the Family Apps are not a substitute for professional advice about your child’s health, development or education.
Use in schools and care settings. If you are a teacher, coach or caregiver, you may use a Family App with children in your care only where your school, institution or the children’s parents or guardians have authorized it, and you must follow applicable student privacy laws and your institution’s policies (see Section 5).
13. Part C: Additional terms for the PepperBox App
This Section applies to the PepperBox™ App (“PepperBox”).
What PepperBox is. PepperBox is a private organizer for keeping notes about people you are dating or interested in. It is not a dating service, matchmaking service or social network. PepperBox:
- does not contact, message or share information with the people you add;
- does not introduce you to anyone, and has no public profiles or user directory; and
- does not verify anyone’s identity, age, background, criminal record, marital status, health or intentions, and does not conduct background checks.
Eligibility. You must be at least 13 years old to use PepperBox. If you are under 18, you should have permission from a parent or guardian to use it. You may not add information about anyone you know or believe to be under 18 for any purposes. We may, at our sole option, suspend or close accounts that breach these Terms.
Your safety. You are solely responsible for your own decisions about the people you meet and interact with, including your personal safety. Take sensible precautions, such as meeting in public places and telling a friend where you are going. Nothing in PepperBox is a safety assessment or a recommendation about any person.
Ratings, scores and suggestions. Ratings, “match” results, rankings, scores and other suggestions in PepperBox are generated from what you enter and are for entertainment and personal organization only. They are not advice and are not statements of fact by us about any person. You are solely responsible for any ratings, notes or opinions you record about another person.
Information about the people you add. Everything you enter about another person is Third-Party Information, and Section 5, including your representations and warranties, applies to it in full. In particular, you must not use PepperBox to stalk, monitor, track, harass, intimidate, expose, defame or disparage anyone, to keep information obtained unlawfully, or to record a person’s sensitive information (such as their health, sexual orientation or sex life) without their explicit consent where the law requires it.
Contacts, photos and calendar. If you give PepperBox access to your device contacts, photos or calendar, you are responsible for making sure you have the right to use that information in PepperBox.
Notifications. If you turn on reminders, PepperBox sends notifications to your device. You can turn them off in the App or in your device settings.
14. Disclaimer of warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING THE WEBSITE, EACH APP AND ALL CONTENT, FEATURES, RATINGS, CALCULATIONS AND OTHER MATERIALS PROVIDED THROUGH THEM, ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SERVICE PROVIDERS (THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
WITHOUT LIMITING THE ABOVE, THE COMPANY PARTIES DO NOT WARRANT THAT:
- the Services will meet your requirements or achieve any intended result;
- the Services will be uninterrupted, timely, secure, error-free or free of viruses or other harmful components, or that defects will be corrected;
- the Services will be compatible with any device, operating system, software or service;
- any content, calculation, balance, chart, rating, score, match result or other output will be accurate, complete, reliable or current; or
- your Content or any Third-Party Information will be stored without loss or corruption.
NO ADVICE. The Services are for entertainment, learning and personal organization only. Nothing in the Services is financial, investment, tax, legal, medical, psychological, parenting, relationship or safety advice. No advice or information, whether oral or written, obtained from us or through the Services creates any warranty not expressly stated in these Terms.
YOUR RISK. You use the Services at your own discretion and risk, and you are solely responsible for any damage to your device or loss of data that results from your use of the Services.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In that case, those warranties are limited to the shortest duration and minimum extent permitted by law. See also Section 20.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
THE COMPANY PARTIES ARE NOT LIABLE FOR ANY CONDUCT OF ANY USER OR THIRD PARTY, INCLUDING ANY PERSON YOU MEET, DATE OR ENTER INFORMATION ABOUT, OR FOR ANY THIRD-PARTY INFORMATION OR OTHER CONTENT ENTERED BY USERS; AND
THE COMPANY PARTIES’ TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP OR SUBSCRIPTION GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
These limits apply even if a remedy fails of its essential purpose, and they form an essential basis of the bargain between you and us. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for fraud, or for death or personal injury caused by negligence where the law does not allow it to be limited. Some places do not allow these limits, so they may not apply to you. See also Section 20.
16. Indemnification
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company and the other Company Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, liabilities, damages, losses, judgments, settlements, fines, penalties, costs and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:
- your breach of the Privacy Policy, including, without limitation, Section 2A of the Privacy Policy (Information you provide about other people);
- any breach of your representations and warranties in Section 5 of these Terms;
- any Third-Party Information or other content you enter, upload or store, including, without limitation, claims of defamation, libel, slander, disparagement, invasion of privacy, false light, public disclosure of private facts, misappropriation of name or likeness, harassment, stalking, or intentional or negligent infliction of emotional distress;
- your breach of these Terms;
- your use or misuse of the Services, including any use by a child or other person using your account or device;
- your violation of any law or regulation, including privacy, data protection, student privacy and child protection laws; or
- your violation of any right of any third party, including any Third Party.
We may, at our option and expense, assume the exclusive defense and control of any matter for which you must indemnify us, and you agree to cooperate fully with our defense. You may not settle any matter that affects us without our prior written consent. This Section survives any termination of these Terms or of your account.
Nothing in this Section requires you to indemnify us for our own fraud, gross negligence or willful misconduct, or limits any right you have under consumer protection laws that cannot be excluded or limited by contract (see Section 20).
17. Termination
You may stop using the Services and delete your account at any time. We may suspend or end your access to all or part of the Services, with or without notice, if you break these Terms or the Privacy Policy, if we reasonably believe your use creates risk or legal exposure for us or others, if required by law, or if we stop offering an App. Deleting your account does not cancel an app store subscription (see Section 8).
Sections that by their nature should continue after termination continue, including Sections 4 (license limits and responsibility), 5, 11, 14, 15, 16, 18, 19, 20, 21 and 22.
18. Changes to the Services and these Terms
We may change, suspend or discontinue any part of the Services at any time. We may update these Terms. We will post the new version here with a new “Last updated” date, and if a change is material we will give reasonable notice in the Apps, by email or on the Website before it takes effect. If you keep using the Services after the changes take effect, you accept the updated Terms. If you do not agree, stop using the Services and delete your account.
19. Governing law, arbitration and class action waiver
19.1 Governing law
These Terms, and any dispute arising out of or relating to them or the Services, are governed by the laws of the State of Ohio, United States, without regard to its conflict-of-law rules, except that Section 19.3 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”). The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19.2 Informal resolution first
Before starting an arbitration or court case, you and we each agree to try to resolve any dispute informally. The party raising the dispute must send a written notice describing it, the relief sought, and their name and contact details (and, for you, the email address on your account) to the other party: to us at info@appsyouneed.com with the subject “Legal Dispute”, and to you at the email address on your account. If the dispute is not resolved within 60 days after the notice is received, either party may start a formal proceeding. Any limitation period is paused during this 60-day period.
19.3 Binding individual arbitration (United States only)
This Section 19.3 applies only if you live in the United States.
- Agreement to arbitrate. You and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy or the Services, including their formation, interpretation, enforceability or scope (each a “Dispute”), will be resolved by final and binding arbitration on an individual basis, and not in court, except as stated in Section 19.4.
- Rules and administrator. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org), as modified by this Section 19. If the AAA is unavailable or unwilling to administer the arbitration, the parties will agree on another administrator, or a court will appoint one.
- Arbitrator. A single neutral arbitrator will decide the Dispute. The arbitrator, and not any court, has exclusive authority to decide all issues about the interpretation, applicability, enforceability and formation of this arbitration agreement, except that a court decides any question about the validity or enforceability of Section 19.5 (Class action waiver).
- Location and hearings. Unless you and we agree otherwise, any in-person hearing will take place in the county where you live, or the arbitration may be conducted by video conference, telephone or written submissions. For claims of US $10,000 or less, the arbitration will be decided on written submissions unless the arbitrator decides a hearing is needed.
- Fees. Payment of filing, administrative and arbitrator fees will be governed by the AAA Consumer Arbitration Rules and fee schedule. If the arbitrator finds that the costs of arbitration would be prohibitive for you compared with litigation, we may pay as much of those costs as the arbitrator decides is needed to prevent the arbitration from being cost-prohibitive. Each party bears its own attorneys’ fees unless applicable law provides otherwise.
- Relief. The arbitrator may award the same individual relief that a court could award, including damages and declaratory or injunctive relief, but only in favor of the individual party seeking relief and only to the extent needed to provide relief warranted by that party’s individual claim. The arbitrator’s decision is final and binding, and judgment on the award may be entered in any court with jurisdiction.
- Confidentiality. The arbitration and any award are confidential, except as needed to enforce the award or as required by law.
- Mass filings. If 25 or more similar demands for arbitration are filed by or with the help of the same or coordinated counsel, the AAA’s Mass Arbitration Supplementary Rules (or the equivalent rules of the administrator) will apply, and the parties agree that the demands may be administered in batches as those rules allow. Limitation periods for those demands are paused while they are pending.
19.4 Exceptions
Either you or we may (a) bring an individual claim in small claims court in the county where you live or in Cuyahoga County, Ohio, if it qualifies and stays there as an individual action; and (b) seek an injunction or other equitable relief in court to stop the actual or threatened infringement or misuse of intellectual property rights, or unauthorized access to the Services or our systems. Nothing in this Section 19 prevents you from bringing an issue to the attention of a government agency.
19.5 Class action waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
Unless you and we agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class, collective or representative proceeding. If this Section 19.5 is found unenforceable as to any particular claim or request for relief (such as a request for public injunctive relief), that claim or request will be severed and decided by a court under Section 19.7 after the individual arbitration ends, and the remaining claims will still be arbitrated individually.
19.6 Jury trial waiver
To the extent permitted by law, YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL for any Dispute that proceeds in court instead of arbitration.
19.7 Opt-out and courts
You may opt out of the arbitration agreement in Section 19.3 by emailing info@appsyouneed.com with the subject “Arbitration Opt-Out” within 30 days after you first accept these Terms. Your email must include your name, the email address on your account and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms, including Section 19.5 to the extent the law allows. If you opt out, if you live outside the United States, or if a Dispute is not subject to arbitration for any reason, then, subject to Section 20, the state courts located in Cuyahoga County, Ohio, and the United States District Court for the Northern District of Ohio have exclusive jurisdiction over that Dispute, and you and we hereby consent to their personal jurisdiction and venue.
19.8 Changes to this Section
If we make a material change to this Section 19, the change will not apply to any Dispute of which we had written notice before the change took effect. You may reject a material change by emailing info@appsyouneed.com within 30 days after it takes effect, in which case the most recent version of Section 19 you accepted continues to apply to you.
19.9 Survival and severability
This Section 19 survives termination of these Terms and of your account. If any part of this Section 19 other than Section 19.5 is found unenforceable, the rest remains in effect.
20. Your rights under local consumer laws
Some countries and regions give consumers rights that cannot be excluded, limited or changed by contract. Nothing in these Terms, including Sections 14, 15, 16 and 19, removes or limits those rights.
21. General terms
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Services and replace any earlier terms, including our previous Terms of Use for Family Apps and Terms of Use for PepperBox.
- Severability. If any part of these Terms is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect.
- No waiver. Our failure to enforce any right is not a waiver of that right.
- Assignment. You may not assign or transfer these Terms without our written consent. We may assign them, including in connection with a merger, acquisition or sale of assets.
- Force majeure. We are not responsible for delays or failures caused by events beyond our reasonable control.
- Export. You must comply with all applicable export control and sanctions laws when using the Services.
- No third-party beneficiaries. Except for Apple and its subsidiaries as stated in Section 9, and the Company Parties under Sections 14 to 16, no one other than you and us has any rights under these Terms.
- Electronic communications. You agree that we may communicate with you electronically, and that electronic notices satisfy any legal requirement that a communication be in writing.
- Headings. Headings are for convenience only. “Including” means “including without limitation”.
22. Language
These Terms are written in English. If we provide a translation, the English version controls to the extent permitted by law.
23. Contact
Apps You Need, LLC: info@appsyouneed.com.
Apps You Need