These Terms of Service ("Terms") govern your access to and use of the mobile application operated by Exa Software Lab LLC ("we," "us," or "our"). By downloading, accessing, or using our app, you agree to be bound by these Terms. If you do not agree, do not use the app.
Our Privacy Policy explains how we collect and use personal information and is incorporated into these Terms by reference.
We provide a mobile application and related services that allow you to create and manage goals and associated content ("Service"). We may modify, suspend, or discontinue any part of the Service at any time. We will try to give reasonable notice of material changes where practicable, but we are not liable to you for any modification, suspension, or discontinuation.
You must be at least 13 years old to use the Service. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Service and that they agree to these Terms on your behalf. You may not use the Service where prohibited by law.
You are responsible for safeguarding your account credentials and for all activity under your account. You agree to provide accurate registration information and to keep it updated. You may delete your account and associated data at any time within the app by navigating to Profile -> Delete Account. We may suspend or terminate accounts that violate these Terms or pose a risk to the Service or other users.
You agree not to misuse the Service. For example, you must not:
You retain ownership of content you submit through the Service ("Your Content"). You grant us a worldwide, non-exclusive license to host, store, process, and display Your Content solely as needed to operate, improve, and provide the Service to you. You represent that you have the rights necessary to grant this license and that Your Content does not violate these Terms or any third-party rights.
Certain features may be offered for a fee or as part of a subscription. Fees, billing cycles, and renewal terms are presented at the time of purchase. Payments are processed by third-party payment providers (for example, app store billing). Your use of those services may be subject to the platform's terms. Unless required by law or stated otherwise at purchase, fees are non-refundable. You may cancel subscriptions through your app store account settings; cancellation takes effect at the end of the current billing period unless the platform states otherwise.
The Service, including its software, design, branding, and documentation, is owned by Exa Software Lab LLC or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights.
The Service may integrate with or link to third-party services (such as hosting, authentication, analytics, or payment processors). Those services are governed by their own terms and privacy policies. We are not responsible for third-party services.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXA SOFTWARE LAB LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) FIFTY U.S. DOLLARS (USD $50), EXCEPT WHERE LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless Exa Software Lab LLC and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of Your Content, your use of the Service, or your violation of these Terms or applicable law.
You may stop using the Service at any time. We may suspend or terminate your access to the Service if you breach these Terms or if we are required to do so by law. Provisions that by their nature should survive termination (including ownership, disclaimers, limitation of liability, indemnity, and governing law) will survive.
We may update these Terms from time to time. We will post the updated Terms on this page and update the effective date above. If changes are material, we will provide notice as required by law or as we reasonably determine (for example, through the app or by email). Your continued use of the Service after the effective date of changes constitutes acceptance of the revised Terms, except where applicable law requires your explicit consent.
These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles, except where preempted by U.S. federal law. For disputes, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in California, except that either party may seek injunctive relief in any court of competent jurisdiction.
These Terms constitute the entire agreement between you and Exa Software Lab LLC regarding the Service and supersede any prior agreements on the subject. If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
If you have questions about these Terms, contact us at:
Exa Software Lab LLC
Email: founder@exasoftlab.com
2108 N ST STE N
SACRAMENTO, CA 95816