Terms of Service

Last updated: January 5, 2025

Welcome to BEmbraced LLC. These Terms of Service ("Terms") govern your use of our mobile applications and services. By accessing or using our applications, you agree to be bound by these Terms.

1. Acceptance of Terms

By downloading, installing, or using any BEmbraced LLC application ("App" or "Service"), you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, do not use our applications.

2. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes by updating the "Last updated" date and, where appropriate, through in-app notifications. Your continued use of the App after changes constitutes acceptance of the modified Terms.

3. Eligibility

Certain features of our applications (such as scramble generation, timers, and learning tools) may be used without creating an account and are available to users of all ages.

Account creation requires users to be at least 13 years old. By creating an account, you represent that you meet this age requirement. If you are under 18, you represent that you have your parent or guardian's permission to use the App. Parents or guardians may create and manage accounts on behalf of children under 13 at their own discretion and responsibility.

4. User Accounts

Some features of our Apps may require you to create an account. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use
• Providing accurate and complete information

We reserve the right to suspend or terminate accounts that violate these Terms.

5. Acceptable Use

You agree not to use our Apps to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Harass, abuse, or harm other users
• Upload or transmit viruses or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt the App's functionality
• Collect or harvest user data without consent
• Use the App for any commercial purpose without our permission
• Impersonate any person or entity
• Post false, misleading, or fraudulent content

6. User Content

You retain ownership of content you create or upload to our Apps ("User Content"). By posting User Content, you grant us a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content as necessary to provide our services.

You are solely responsible for your User Content and represent that you have all necessary rights to share it. We may remove User Content that violates these Terms.

7. Intellectual Property

Our Apps, including all content, features, and functionality, are owned by BEmbraced LLC and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our Apps or content
• Reverse engineer or attempt to extract source code
• Remove any copyright or proprietary notices
• Use our trademarks without written permission

8. Third-Party Services

Our Apps may integrate with or contain links to third-party services. We are not responsible for the content, privacy policies, or practices of third-party services. Your use of such services is at your own risk.

9. Disclaimers

OUR APPS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The Apps will be uninterrupted, secure, or error-free
• Any defects will be corrected
• The Apps will meet your specific requirements
• Information provided through the Apps is accurate or reliable

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEMBRACED LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF OUR APPS.

Our total liability for any claims arising from your use of the Apps shall not exceed the amount you paid us, if any, in the twelve (12) months prior to the claim.

11. Indemnification

You agree to indemnify and hold harmless BEmbraced LLC and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of our Apps or violation of these Terms.

12. Termination

We may terminate or suspend your access to our Apps at any time, with or without cause, with or without notice. Upon termination, your right to use the Apps will immediately cease.

You may terminate your account at any time by contacting us or using the account deletion feature within the App, if available.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Carolina, United States, without regard to its conflict of law provisions.

14. Dispute Resolution

Any disputes arising from these Terms or your use of our Apps shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

15. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and BEmbraced LLC regarding the use of our Apps.

17. Contact Us

If you have any questions about these Terms, please contact us at:

BEmbraced LLC
Email: brian@bembraced.com
Chapin, South Carolina, United States