Terms of Service

1. Agreement to these Terms

1.1 The parties. These Terms of Service (the "TERMS") form a binding legal agreement between you ("YOU" or the "USER") and FIBER DATUM LLC, a Wyoming limited liability company ("FIBER DATUM", "WE", "US" or "OUR").

1.2 What these Terms cover. These Terms govern your access to and use of the xNostr application for iOS, published under the bundle identifier org.xnostr.app (the "APP"), the website at https://xnostr.org (the "SITE"), the application programming interface at https://api.xnostr.org (the "API"), and every feature, page and function we make available through them (together, the "SERVICE").

1.3 Acceptance. You accept these Terms by indicating acceptance through a control presented in the App or on the Site, or by downloading, installing, accessing or using the Service. If you do not agree to these Terms, do not use the Service and delete the App.

1.4 Express re-acceptance, not silent acceptance. Continued use after a change is not the only way these Terms are accepted. When we make a material change, the App presents the revised Terms and requires you to accept them expressly before you may continue to use the affected features. The App determines when that is required by reading a published version record at https://xnostr.org/legal.json. Changes that are not material take effect when posted, and your continued use of the Service after they are posted constitutes your acceptance of them. The "Last updated" date and the version identifier at the head of these Terms always state the revision then in force.

1.5 Documents incorporated by reference. Our Privacy Policy, published at https://xnostr.org/privacy, is incorporated into these Terms by reference and forms part of them. Your use of the App is also subject to Apple's applicable terms, including the Apple Media Services Terms and Conditions and the Usage Rules stated in them. See Section 22.

1.6 Interpretation. Words defined in these Terms have the meanings given to them wherever they appear. Headings are for convenience only and do not affect interpretation. "Including" and "includes" mean including without limitation. References to a statute include any amendment or replacement of it.

2. Eligibility

2.1 Age. The App carries an age rating of 18+. You may use the Service only if you are at least 18 years old. By using the Service you represent and warrant that you are at least 18 years old.

2.2 Capacity. You represent and warrant that you have the legal capacity to enter into a binding contract, and that you are not barred from using the Service under the laws of the United States or of any other jurisdiction that applies to you.

2.3 Territory. The Service is offered from the United States and is intended for users in jurisdictions where its use is lawful. If you access the Service from a location where its use is prohibited or restricted, you do so on your own initiative and you are solely responsible for compliance with local law.

2.4 Business use. The Service is licensed for personal, non-commercial use. Any use on behalf of an organization requires our prior written agreement.

3. The Service, and what it is not

3.1 What the App does. The App is a general purpose software tool. You paste a web address, or a Nostr event identifier, into a field. The App asks our server where the media addressed by that identifier is located, and the App then downloads that media to your device. Downloaded files are stored inside the App's own storage on your device. Copying a file into your device's Photos library is a separate action that you take, one video at a time.

3.2 How the connection works. Our server's outbound requests relating to your download are relayed through your device, so that the site hosting the media sees your network address and not ours. In the ordinary case the media itself travels directly from that site to your device and does not pass through our servers at all. A fallback path exists for formats your device cannot assemble on its own, and on that path the file passes through our servers in transit and is deleted when the response completes, with a scheduled process that removes anything the ordinary deletion missed.

3.3 We do not select, host, index or endorse content. We do not operate a catalog, a search index, a directory or a library of media. We do not choose what you download, we do not review it, and we do not endorse it. The Service acts only on an address that you supply. Any media you obtain through the Service originates from a third party site that we do not own, operate or control.

3.4 Exclusions that are deliberate. The Service refuses requests addressed to YouTube and its associated domains. The Service does not handle streams protected by digital rights management or by any other technological protection measure, and it contains no functionality designed to circumvent any such measure. These exclusions are design decisions. We may add further exclusions at any time and without notice.

3.5 The rights confirmation. Before each download the App asks you to confirm that you have the right to save the media in question. That confirmation is a statement you make to us, and we rely on it. Turning off the repeated prompt in the App's settings does not withdraw the confirmation, reduce your obligations under Section 6, or transfer any responsibility to us.

3.6 No charge, no account. The Service is provided at no charge. There are no purchases of any kind, no subscriptions, no accounts, no sign up and no login. Nothing in these Terms obliges us to continue offering the Service free of charge or at all.

3.7 Dependence on third parties. Whether any particular site or any particular item of media can be downloaded depends on that site, on its format, on its access controls and on technical conditions outside our control, all of which change without notice to us. We do not undertake to support any particular site or any particular item of media, and support for any of them may stop at any time.

3.8 Conversion. Some videos are saved in a format your device cannot play. If you choose Convert on a video in your Library, the App sends that file from your device to our server, our software re-encodes it into a format your device can play, and the App receives the result. Both the file you sent and the converted file are deleted when the App has received the result, and in any event by a scheduled process within twenty six (26) hours. You are responsible for having the right to send us any file you ask us to convert, on the same terms as Section 6.

4. License grant

4.1 Grant. Subject to your continuing compliance with these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of the App on an Apple branded device that you own or control, and to run that copy for your own personal, non-commercial purposes. This license is further subject to the Usage Rules in Apple's App Store terms.

4.2 Reservation of rights. The Service is licensed to you, not sold. We and our licensors retain all right, title and interest in and to the Service, including all intellectual property rights in it. No rights are granted to you except those expressly stated in these Terms, and no rights are granted by implication, estoppel or otherwise.

4.3 Updates. We may issue updates, patches and new versions of the App. These Terms govern any update we provide unless that update is accompanied by separate terms, in which case those terms govern it. Some features may stop working if you do not install an update.

4.4 Revocation. This license terminates automatically and without notice if you breach these Terms, and it may otherwise be revoked as described in Section 14. On termination you must stop using the App and delete it from your devices.

5. Restrictions

You may not, and you may not permit or assist any other person to:

• copy, modify, adapt, translate or create derivative works of the Service, except as expressly permitted by these Terms or by law that cannot be excluded by agreement;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, underlying ideas, algorithms, file formats or protocols of the Service, except and only to the extent that this restriction is prohibited by applicable law;
• rent, lease, lend, sell, resell, sublicense, distribute, host, timeshare, or otherwise make the Service available to any third party, or use the Service to provide a service to any third party, whether or not for a fee;
• extract, reuse or redistribute the API, the bearer credential compiled into the App, or any other credential, key or token used by the Service, or use any of them outside the App;
• access the Service by any automated means, including scripts, scrapers, bots, headless clients, emulators or automation frameworks, or use the Service to perform bulk, systematic or industrial scale downloading;
• circumvent, disable, overload, probe, scan or otherwise interfere with any security, authentication, rate limiting or integrity feature of the Service, or attempt to gain unauthorized access to the Service, to our systems, or to the accounts or devices of others;
• circumvent, or attempt to circumvent, any exclusion described in Section 3.4, including by modifying the App, by intercepting or altering its network traffic, or by directing the API to an excluded destination;
• remove, obscure or alter any proprietary notice, mark or attribution in or on the Service;
• use the Service to develop, train or improve a competing product or service, or to benchmark it for publication, without our prior written consent;
• use the Service in any manner that could damage, disable, overburden or impair it, or that interferes with any other party's use of it; or
• use the Service for any purpose that is unlawful, or that these Terms prohibit.

6. Your responsibility for the material you download

6.1 You choose, and you are responsible. The Service downloads what you tell it to download. You alone select the address you submit. You alone decide what to keep, how long to keep it, whether to copy it into your device's Photos library, and whether to send it to anyone else. You are solely and exclusively responsible for the material you obtain through the Service and for every use you make of it, including your storage, reproduction, performance, display, transmission and distribution of it.

6.2 Your representations and warranties. Each time you use the Service to download any material, you represent and warrant to us that at least one of the following is true of that material, and that it remains true for as long as you retain the material:

1. you own the copyright and all other rights in it;
2. it is made available under a public license, or under other terms, that permit the download and the use you intend to make of it, and you are acting within those terms;
3. the rights holder has given you permission, express or implied, to download it and to use it as you intend; or
4. your download and your intended use are otherwise permitted by applicable law.

6.3 You also represent that your use of the Service does not and will not breach any contract you have with any third party, including the terms of service of any site from which you download, and does not infringe or misappropriate the intellectual property, privacy, publicity or other rights of any person.

6.4 Knowledge is not a defense you may pass to us. Copyright infringement and many related claims do not require that the infringer knew the material was protected. You accept responsibility for infringement arising from your use of the Service whether or not you knew, or had reason to know, that the material was protected or that your use was unauthorized. We provide software. We do not, and cannot, verify the rights position of any address you submit, and nothing in the Service should be read as our assessment that any particular download is lawful.

6.5 No legal advice. Nothing in the Service, in these Terms, in our documentation or in any communication from us is legal advice. Copyright law, and the law governing recording, retention and redistribution of media, differ by jurisdiction and by circumstance. If you are unsure whether a download is lawful, obtain your own legal advice before making it.

6.6 Files on your device. Files you download are stored on your device, inside the App's container. We do not maintain a copy of them, we cannot recover them, and deleting the App deletes them. You are responsible for your own backups, and for the security of the device on which the files are held. The App offers a lock over its interface as a convenience; it is a gate on the interface and it is not encryption, and it does not protect files against anyone with access to the device's own storage.

6.7 Adult and sensitive material. The Service is rated 18+ and may be used to download material that is explicit, offensive or unlawful in your jurisdiction. We do not restrict, filter or review destinations by category. You are responsible for ensuring that the material you obtain is lawful for you to possess and to use where you are.

7. Acceptable use

You may not use the Service:

• to infringe or misappropriate any copyright, trademark, trade secret, moral right, right of publicity, right of privacy or other right of any person;
• to download, retain or distribute child sexual abuse material, non-consensual intimate imagery, or any other material whose possession or distribution is unlawful;
• to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any technological protection measure, access control, paywall, geographic restriction, encryption or digital rights management system, or to traffic in any means of doing so;
• to violate the terms of service, robots directives or access controls of any third party site;
• to redistribute, publish, broadcast, sell or otherwise commercially exploit material you obtain through the Service without the rights to do so;
• to harass, defame, stalk, threaten or harm any person, or to compile material about any person without a lawful basis; or
• in any jurisdiction, or in any manner, where such use is prohibited by law.

We may investigate any suspected breach of this Section and may take any action we consider appropriate, including the actions described in Section 14 and reporting the matter to law enforcement or to a rights holder.

8. Copyright policy

8.1 Our position. We respect intellectual property rights and we require our users to do the same. We do not host, index, publish or make available to the public any media that users download through the App. Files reach your device over your own network connection, and on the fallback path described in Section 3.2, or where you ask us to convert a file under Section 3.8, media passes through our systems only transiently and automatically, at your direction, and is deleted when the response completes, with a scheduled process that removes anything the ordinary deletion missed. We operate no library, no catalogue, no search index and no sharing feature. We nonetheless act on credible copyright complaints and we terminate access for repeat infringers, as set out below.

8.2 Complaints. If you are a copyright owner, or a person authorized to act on behalf of one, and you believe that the Service is being used to infringe your copyright, write to hello@fiberdatum.com. So that we can act, please include:

1. identification of the copyrighted work you say has been infringed, or, where multiple works are covered by a single complaint, a representative list of them;
2. identification of the activity or material you say is infringing, and information reasonably sufficient to permit us to locate it, such as the address of the page or file concerned;
3. information reasonably sufficient to permit us to contact you, including an electronic mail address;
4. a statement that you have a good faith belief that the use complained of is not authorized by the copyright owner, its agent, or the law; and
5. a statement that the information in your complaint is accurate and that you are authorized to act on behalf of the owner of the right concerned.

8.3 What we can and cannot do about it. We can act on our own systems: we can block a host from the Service, revoke the license granted in Section 4, and block an installation identifier, device or network address from the API. We cannot remove or alter material that is already on a user's device, and we cannot remove material from a third party site, because we do not operate one and we do not control any of them. A complaint about material published on a third party site should be sent to the operator of that site.

8.4 Complaints made in bad faith. A complaint that knowingly and materially misrepresents that activity or material is infringing may expose the sender to liability for damages, including costs and attorneys' fees, under applicable law. If you are not sure whether your rights are being infringed, seek legal advice before writing to us.

8.5 Repeat infringers. It is our policy, in appropriate circumstances, to terminate the access of users who are repeat infringers. Because the Service has no accounts, termination is effected by revoking the license granted in Section 4 and by blocking the affected installation identifier, device or network address from the API. We may apply this policy on the basis of complaints we receive, of a court order, or of our own investigation, and we may act after a single instance where the circumstances warrant it.

8.6 Other rights. If you believe your trademark, publicity, privacy or other rights are being infringed through the Service, write to hello@fiberdatum.com with the same level of detail described above.

9. Third party sites, content and services

9.1 We do not control them. The Service interacts with third party sites, content delivery networks, media hosts and, when you submit a Nostr identifier, public Nostr relays. We do not own, operate, control, endorse or assume responsibility for any of them, for their content, for their availability, for their accuracy, for their security practices or for their terms.

9.2 Their terms apply to you. Your dealings with any third party site, including your compliance with its terms of service, are solely between you and that third party. We are not a party to them and we have no liability arising from them.

9.3 Nostr relays. When you submit a Nostr identifier, the App may open connections from your device to public relays operated by unrelated third parties in order to find the event you named. Those operators can see that your network address asked for that event. This is inherent to how Nostr works. See our Privacy Policy for more detail.

10. Promotional content for other applications

10.1 What it is. The App may show full screen promotional pages for other software applications. Those pages are fetched by the App from our own host at xnostr.org and are displayed inside the App.

10.2 What it is not. The App does not contain a third party advertising network, a third party advertising software development kit, real time bidding, or audience targeting. It does show full screen promotions for other applications, which we select ourselves and serve from our own host, and Section 10.3 describes the compensation we may receive for them. Nothing about you is sent to any advertiser or advertising intermediary, and the promotion you are shown is not selected on the basis of anything about you.

10.3 No endorsement, no responsibility. A promoted application is developed, published, supported and distributed by a third party. We do not control it, we do not warrant it, and we are not responsible for it or for your dealings with its publisher. Your installation and use of any promoted application is governed by that publisher's own terms and privacy policy, and is a matter between you and that publisher. We may receive compensation, including attribution based compensation, in connection with installations that originate from the App.

11. Privacy

Our collection and use of information is described in our Privacy Policy at https://xnostr.org/privacy, which forms part of these Terms. Please read it. It explains, among other things, that the Service records a persistent per installation identifier, randomly generated and not derived from your device or from you, together with a log of the addresses submitted for download, that this collection is not optional, and that those two records are linked.

12. Our intellectual property

12.1 The Service, including its software, design, interface, text, graphics, the xNostr name and logo, and all other material we supply, is owned by Fiber Datum LLC or its licensors and is protected by United States and international copyright, trademark and other laws.

12.2 "xNostr" and the xNostr logo are our marks. You may not use them without our prior written permission, except to refer accurately to the Service.

12.3 The App incorporates open source components, which remain subject to their own licenses. To the extent an open source license conflicts with these Terms with respect to the component it covers, that license governs that component.

12.4 Nothing in these Terms transfers to us any right in the material you download. That material remains subject to the rights of whoever owns it, which in the ordinary case is not you and is not us.

13. Feedback

If you send us ideas, suggestions, bug reports or other feedback about the Service ("FEEDBACK"), you grant us a perpetual, irrevocable, worldwide, royalty free, fully paid, sublicensable and transferable license to use, reproduce, modify and exploit that Feedback for any purpose, without any obligation of compensation, attribution or confidentiality. Feedback is provided voluntarily and is not confidential.

14. Suspension and termination

14.1 By you. You may stop using the Service at any time. Deleting the App from your device terminates these Terms as to future use, and deletes the files the App is holding.

14.2 By us. We may suspend or terminate your access to all or part of the Service, or revoke the license in Section 4, at any time, with or without notice, including where we reasonably believe you have breached these Terms, where we are required to do so by law or by a rights holder, where continued provision would expose us to liability, or where we discontinue the Service in whole or in part.

14.3 Discontinuation. We may modify, suspend or discontinue the Service, or any feature of it, at any time, permanently or temporarily, without liability to you. We are not obliged to maintain the API, the Site or any server.

14.4 Effect. On termination, the license in Section 4 ends immediately and you must stop using the App and delete it. Termination does not limit any right or remedy either party has. Section 23.6 lists the provisions that survive.

15. Changes to the Service and to these Terms

15.1 We may change these Terms. When we do, we will update the "Last updated" date and the version identifier at the head of this document and publish the new version at this address and in the version record at https://xnostr.org/legal.json.

15.2 Material changes require your express acceptance in the App before you may continue to use the affected features, as described in Section 1.4. Changes that are not material take effect when posted. If you do not accept a revised version of these Terms, your remedy is to stop using the Service and delete the App.

15.3 A change to these Terms does not apply retroactively to a dispute of which we had written notice before the change was posted.

16. Disclaimer of warranties

17. Limitation of liability

18. Indemnification

18.1 Your indemnity. To the maximum extent permitted by applicable law, you will indemnify, defend and hold harmless the Fiber Datum Parties from and against any and all claims, demands, actions, proceedings, investigations, liabilities, damages, judgments, awards, settlements, fines, penalties, losses, costs and expenses, including reasonable attorneys' fees and the costs of investigation and of enforcing this indemnity, arising out of or relating to:

1. the material you select, download, store, copy, modify, play, transmit or distribute using the Service, including any claim that it infringes or misappropriates any copyright, trademark, trade secret, moral right, right of publicity, right of privacy or other right of any person, and whether or not you knew or had reason to know of the infringement;
2. your use of or access to the Service;
3. your breach of these Terms, including of any representation or warranty you make in Section 6;
4. your violation of any applicable law or regulation; or
5. your violation of the terms, access controls or rights of any third party, including any site from which you download.

18.2 Control of the defense. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, including the selection of counsel, in which case you will cooperate fully with us at your expense in asserting any available defense. You will not settle any matter that affects us, that admits any fault on our part, that imposes any obligation on us, or that does not include an unconditional release of the Fiber Datum Parties, without our prior written consent.

18.3 Notice. We will use reasonable efforts to notify you of any claim to which this Section applies, but a failure to do so does not relieve you of your obligations except to the extent you are materially prejudiced by the failure.

18.4 Survival. This Section survives termination of these Terms.

19. Dispute resolution and arbitration

19.1 Informal resolution first. Before starting an arbitration or a lawsuit, you agree to try to resolve the dispute informally. Send a written notice of dispute to hello@fiberdatum.com describing the dispute, the relief you seek and the basis for calculating it, and giving your name and a means of contacting you. We will send any notice of dispute to the contact details you have given us. The parties will negotiate in good faith for sixty (60) days from the date the notice is received. Neither party may start an arbitration or a lawsuit during that period, and the applicable limitation periods are tolled during it. Completion of this process is a condition precedent to starting an arbitration.

19.2 Agreement to arbitrate, and our express right to elect. Any dispute, claim or controversy arising out of or relating to these Terms, the Privacy Policy, the Service, or the relationship between you and us, including its formation, interpretation, breach, termination, enforceability, revocability, scope or validity (a "DISPUTE"), will be resolved by binding individual arbitration at the election of either party. Fiber Datum LLC expressly reserves the right to elect arbitration of any Dispute, and may make that election at any time, including after a proceeding has been commenced in court, provided the election is made before we have filed a dispositive motion on the merits. You may likewise elect arbitration of any Dispute. If neither party elects arbitration, the Dispute is resolved in the courts identified in Section 20. This Section is governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq., and the parties agree that these Terms evidence a transaction involving interstate commerce.

19.3 Administrator, rules and place. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA's rules and forms are available at www.adr.org. The arbitration will be conducted by a single arbitrator. The seat of the arbitration is Laramie County, Wyoming. A claim of twenty five thousand United States dollars (US$25,000.00) or less will be decided on the documents alone unless either party requests a hearing or the arbitrator determines a hearing is necessary; where a hearing is held, you may elect that it take place by telephone or by video conference, or in the county of your residence, rather than in Wyoming. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction. If the AAA is unavailable or declines to administer the arbitration, the parties will agree on a substitute administrator that applies consumer arbitration rules substantially similar to the AAA Consumer Arbitration Rules, and if they cannot agree within thirty (30) days either party may apply to a court of competent jurisdiction under 9 U.S.C. 5 to appoint an administrator or an arbitrator. The unavailability of any particular administrator does not affect the validity of this Section 19.

19.4 Authority of the arbitrator. The arbitrator has exclusive authority to resolve all Disputes, including any claim that all or part of this Section is void or voidable, except that a court, and not an arbitrator, has exclusive authority to decide any question about the enforceability, scope or interpretation of Section 19.6. The arbitrator may award any relief available in a court of competent jurisdiction, but only in favor of, and only to the extent necessary to provide relief warranted by, the individual party seeking relief, and may not award relief for or against anyone who is not a party to the arbitration.

19.5 Costs. The allocation of filing, administrative and arbitrator fees is governed by the AAA's Consumer Arbitration Rules. Where the AAA's rules require you to pay a filing fee for a claim of ten thousand United States dollars (US$10,000.00) or less, we will pay that fee on your behalf on your written request to hello@fiberdatum.com, unless the arbitrator determines the claim was frivolous or brought for an improper purpose. Each party otherwise bears its own attorneys' fees and costs, except where a statute or the arbitrator's award provides otherwise.

19.6 Class action waiver and jury trial waiver. YOU AND WE EACH AGREE THAT ANY DISPUTE THAT IS ARBITRATED UNDER THIS SECTION 19 WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If any part of this paragraph is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, will be severed from the arbitration and brought in the courts identified in Section 20, and the remainder of this Section 19 will continue to apply to all other claims. This paragraph is not severable from the agreement to arbitrate: if the waiver in this paragraph is found to be unenforceable as a whole, then the entirety of this Section 19 is null and void as to the claims concerned.

YOU AND WE EACH ALSO AGREE THAT ANY DISPUTE RESOLVED IN COURT WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF, CLAIMANT OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. This paragraph is severable: if it is found unenforceable in whole or in part, that has no effect on the agreement to arbitrate or on any other part of this Section 19.

YOU AND WE EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

19.7 Small claims and injunctive relief. Either party may bring an individual claim in a small claims court of competent jurisdiction, in the county of your residence or in Laramie County, Wyoming, if the claim qualifies and remains in that court on an individual basis. Either party may also seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of its intellectual property rights or the unauthorized access to or use of the Service, without first complying with Sections 19.1 to 19.3, and doing so is not a waiver of the right to arbitrate. Notwithstanding Sections 19.4 and 19.6, if you bring a claim for public injunctive relief and the law that applies to you does not permit that right to be waived or to be arbitrated, that claim alone is severed and may be brought in a court of competent jurisdiction; the severance of such a claim is not a finding that the class action waiver as a whole is unenforceable, and every other claim remains subject to this Section 19.

19.8 Your right to opt out. You may opt out of this Section 19 by sending written notice to hello@fiberdatum.com with the subject line "Arbitration Opt-Out", within thirty (30) days after you first accept these Terms. Your notice must state your name, the email address or other contact information you wish us to use, and a clear statement that you wish to opt out of arbitration. Opting out has no other effect on these Terms and no effect on your use of the Service. If you opt out, Disputes are resolved in the courts identified in Section 20. If you have previously opted out of an arbitration provision in an earlier version of these Terms, you do not need to opt out again.

19.9 Coordinated filings. If twenty five (25) or more similar demands for arbitration are asserted against us by or with the assistance of the same or coordinated counsel, the AAA's rules or procedures for multiple case filings will apply, and the parties will cooperate with the AAA in implementing them, including any staged or batched process and any modified fee schedule. The statute of limitations is tolled for any claim held back in a batch until that claim is filed.

19.10 Time limit for claims. To the maximum extent permitted by applicable law, any Dispute must be commenced within one (1) year after the claim accrues, or it is permanently barred. This Section does not apply where the applicable law prohibits shortening the limitation period.

19.11 Survival. This Section survives termination of these Terms and any termination of your use of the Service.

20. Governing law and venue

20.1 Governing law. These Terms and any Dispute are governed by the laws of the State of Wyoming, United States, without regard to its conflict of laws rules, except that the Federal Arbitration Act governs Section 19 and except where the mandatory consumer protection law of your place of residence provides otherwise. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.2 Venue. Subject to Section 19, you and we submit to the exclusive jurisdiction of the state and federal courts located in Laramie County, Wyoming, for any proceeding not subject to arbitration, and each party waives any objection to that venue on grounds of inconvenient forum.

21. Export control and sanctions

21.1 The Service is subject to United States export control and economic sanctions laws, including the Export Administration Regulations and the regulations administered by the Office of Foreign Assets Control of the United States Department of the Treasury.

21.2 You represent and warrant that you are not located in, ordinarily resident in, or organized under the laws of, any country or region subject to comprehensive United States sanctions; that you are not identified on any United States government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List, the Denied Persons List and the Entity List; and that you are not owned or controlled by any such person.

21.3 You will not export, re-export, transfer or make the Service available, directly or indirectly, in breach of those laws, and you will not use the Service for any purpose prohibited by them.

22. Apple specific terms

This Section applies to your use of the App obtained through the Apple App Store. In the event of a conflict between this Section and the rest of these Terms, this Section governs as to the subject matter it covers.

22.1 These Terms are between you and us only. You acknowledge that these Terms are concluded between you and Fiber Datum LLC only, and not with Apple Inc. ("APPLE"). Fiber Datum LLC, not Apple, is solely responsible for the App and its content.

22.2 Scope of license. The license granted to you in Section 4 is limited to a non-transferable license to use the App on any Apple branded product that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing, where Apple makes those features available.

22.3 Maintenance and support. Fiber Datum LLC is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required by applicable law. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

22.4 Warranty. Fiber Datum LLC 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 App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fiber Datum LLC.

22.5 Product claims. Fiber Datum LLC, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or to your possession and use of it, including product liability claims, any claim that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with the App's use of any framework.

22.6 Intellectual property claims. In the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Fiber Datum LLC, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.

22.7 Legal compliance. You represent and warrant that you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties.

22.8 Developer contact. Questions, complaints and claims relating to the App may be directed to Fiber Datum LLC at hello@fiberdatum.com, and legal notices to hello@fiberdatum.com.

22.9 Third party terms. You must comply with applicable third party terms of agreement when using the App.

22.10 Third party beneficiary. YOU AND FIBER DATUM LLC ACKNOWLEDGE AND AGREE THAT APPLE, AND APPLE'S SUBSIDIARIES, ARE THIRD PARTY BENEFICIARIES OF THESE TERMS, AND THAT, UPON YOUR ACCEPTANCE OF 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 OF THEM.

23. General provisions

23.1 Entire agreement. These Terms, together with the Privacy Policy and any terms expressly incorporated by reference, are the entire agreement between you and us regarding the Service, and supersede all prior and contemporaneous understandings, representations and agreements, whether oral or written, on that subject. You have not relied on any statement, representation, assurance or warranty that is not set out in these Terms.

23.2 Severability. If any provision of these Terms is held invalid, illegal or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions will continue in full force and effect. Section 19.6 is subject to its own express severability rule, which governs it.

23.3 No waiver. No failure or delay by either party in exercising any right under these Terms is a waiver of it, and no single or partial exercise of any right precludes any further exercise of it or of any other right. A waiver is effective only if it is in writing and signed by the party granting it.

23.4 Assignment. You may not assign, delegate or transfer these Terms or any right or obligation under them, by operation of law or otherwise, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms, in whole or in part, without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.

23.5 Relationship. No agency, partnership, joint venture, employment or franchise relationship is created by these Terms.

23.6 Survival. Sections 1.6, 3.3, 3.5, 4.2, 5, 6, 8.5, 9, 10.3, 12, 13, 14.4, 16, 17, 18, 19, 20, 21, 22 and 23, and any other provision that by its nature should survive, survive termination or expiry of these Terms.

23.7 Force majeure. We are not liable for any delay or failure to perform arising from any cause beyond our reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic, war, terrorism, civil disturbance, labor dispute, act of government, change of law, sanction, failure or interruption of the internet, of a telecommunications provider, of a hosting provider, of an app marketplace or of a third party site, denial of service attack, or power failure.

23.8 Notices and electronic communications. We may give you notice through the App, on the Site, or by any other reasonable means. You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You must send notices to us at hello@fiberdatum.com, and a notice to us is effective on receipt.

23.9 Government users. The App is "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202. United States Government end users acquire only those rights in the App set out in these Terms.

23.10 Language and headings. These Terms are drafted in English. If we provide a translation, the English version governs in the event of any conflict. Headings are for convenience only.

23.11 No third party beneficiaries. Except as stated in Section 22.10 in respect of Apple and its subsidiaries, and except for the Fiber Datum Parties in respect of Sections 16, 17 and 18, these Terms confer no rights on any person who is not a party to them.

24. How to contact us

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