Static: Save Websites Offline Terms of Service

1. Acceptance

These Terms of Service and Supplemental End-User Terms ("Terms") are a legal agreement between you and Myworkingmemory LLC ("Company," "we," "us," or "our") for the Static: Save Websites Offline mobile application, Company website, support materials, and related services (collectively, the "Services").

By downloading, purchasing, subscribing, installing, opening, accessing, capturing, saving, viewing, exporting, sharing, or using the Services, you agree to these Terms and the Static: Save Websites Offline Privacy Policy. If you do not agree, do not use the Services.

You consent to transact electronically. Your purchase, download, tap, click, installation, opening of the App, capture request, export request, or continued use after notice may constitute electronic assent under the federal E-SIGN Act and applicable state electronic-signature laws.

2. Definitions

"Analytics Data" means the limited anonymous App-interaction events and technical context described in these Terms and the Privacy Policy, associated with a randomly generated installation identifier that is not intended to identify you.

"Company Parties" means Myworkingmemory LLC and its members, managers, officers, employees, agents, contractors, licensors, service providers, successors, assigns, and affiliates.

"PageCard" means a locally stored record created through the App that may include a source URL, saved date, user note, visual copy, PDF snapshot, title, and related local metadata.

"Saved Content" means Website content, visual copies, PDF snapshots, metadata, or other material retrieved, rendered, copied, stored, displayed, or exported through the App at your direction.

"User Content" means URLs, notes, titles, labels, PageCards, Saved Content, exports, support messages, feedback, reports, or other material you select, create, enter, request, store, save, send, share, or otherwise use through the Services.

"Website" means a third-party website, web page, online resource, server, or source that you ask the App to access or capture.

"You" means the person who downloads, purchases, installs, accesses, captures, saves, exports, shares, or uses the Services.

3. Product Description

Static: Save Websites Offline is a website-saving and personal-reference app for people who want to preserve web pages locally as searchable saved pages. The App is distributed through the Apple App Store for iPhone and iPad.

The Services are designed as follows:

• the App offers monthly and yearly auto-renewing subscriptions through Apple In-App Purchase;
• subscription prices and availability vary by country or region and are displayed by Apple before purchase;
• the App does not require a Company account;
• you may enter or select a URL, and the App makes a direct network request from your device to the applicable third-party Website to retrieve content for the capture you request;
• the App may create a local PageCard containing the source URL, saved date, your note, a visual copy, a PDF snapshot, and related local metadata;
• PageCards and Saved Content are stored locally within the App's device storage unless you choose to export, share, back up, or otherwise move them, or unless your device or operating-system settings cause them to be copied elsewhere;
• the App uses PostHog for limited anonymous interaction analytics, which may include first launch, App opened, App updated, capture started, capture completed, capture failed, capture blocked, controlled failure or blocking categories, App version, build, platform, bundle identifier, and interaction source;
• Analytics Data is associated with a randomly generated anonymous installation identifier, person-profile creation is disabled, and the analytics configuration does not use names, email addresses, Company accounts, or advertising identifiers;
• the App is configured not to send URLs, notes, titles entered by you, filenames, file paths, Website content, visual copies, PDF contents, transaction identifiers, contact information, or sensitive values to PostHog, and a blocked-property sanitizer is used to reject prohibited analytics properties;
• the App does not include third-party advertising, cross-app tracking, person profiles, automatic screen recording, session replay, or automatic interaction capture;
• the current App does not include a Company-hosted user account, public profile, social feed, public gallery, public publishing service, or Company-hosted PageCard synchronization; and
• the Services are not legal-record, evidentiary, compliance, health, medical, mental-health, biometric, legal, financial, employment, housing, education, safety-critical, or professional-advice services.

Company may update, modify, suspend, or discontinue the Services or any feature as described below.

4. Apple App Store and License Terms

The App is licensed, not sold. If you download the App through the Apple App Store and Company has not separately selected a custom license agreement for the App in App Store Connect, Apple's standard licensed-application end-user license agreement applies to the App license.

These Terms supplement the Apple license terms and govern your relationship with Company for App use, purchase, support, acceptable use, User Content, Saved Content, analytics, dispute resolution, privacy-related disclosures, and Company protection. If these Terms conflict with a non-waivable Apple rule applicable to the App Store transaction, Apple's rule controls for that transaction.

These Terms are between you and Company only, not Apple. Company, not Apple, is responsible for the App and its content, except as stated in Apple's rules and these Terms. Apple has no obligation to furnish maintenance or support for the App.

If the App fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price if required by Apple's policies. To the maximum extent permitted by law, Apple has no other warranty obligation for the App. Company, not Apple, is responsible for addressing claims relating to the App, including product-liability claims, legal-compliance claims, consumer-protection claims, intellectual-property claims, and claims that the App fails to conform to applicable law.

You represent that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country, and that you are not listed on any U.S. government restricted-party list. Apple and Apple's subsidiaries are third-party beneficiaries of this section and may enforce it against you.

5. License Grant

Subject to these Terms, Apple's applicable rules, and your compliance with payment terms, Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for lawful personal or internal business purposes on Apple-branded devices that you own or control.

You do not acquire ownership of the App, source code, interface, design, trade dress, Company screenshots, icon, documentation, workflows, product name, trademarks, pricing structure, capture methods, analytics implementation, or other Company intellectual property.

Company may revoke this license if you breach these Terms, misuse the Services, create legal or operational risk, or if Company discontinues the Services.

6. Payment, Purchase, Refunds, and Taxes

Static: Save Websites Offline offers monthly and yearly auto-renewing subscriptions through Apple In-App Purchase. The price, currency, taxes, and availability shown by Apple for your storefront when you subscribe control your purchase.

Your subscription automatically renews for the selected monthly or yearly period unless you cancel at least 24 hours before the end of the current period. Apple charges your Apple Account at confirmation of purchase and for renewal under Apple's then-current subscription terms. You can manage or cancel your subscription in your Apple Account subscription settings.

A subscription does not create a separate Company account or include Company-hosted content storage or synchronization. Subscription access is associated with the Apple Account used for purchase and is subject to Apple's purchase, restoration, refund, and Family Sharing rules.

Apple processes payment and may control billing, taxes, Family Sharing, refunds, reversals, chargebacks, purchase restoration, purchase records, and App availability under Apple's rules. Company does not receive your full payment-card number from Apple.

Company may change subscription prices prospectively through App Store Connect. Apple may provide notice or request consent when required. A later price change does not alter a completed billing period or create a right to a refund, rebate, or price adjustment except where required by law or Apple's policies.

Deleting the App does not create a right to a refund. Any ability to download the App again, restore access, or use Family Sharing is controlled by Apple and may depend on your Apple account, storefront, device compatibility, purchase history, and Apple's then-current rules.

Except where required by law or Apple's policies, purchases are final and non-refundable. Apple controls App Store refund procedures. You are responsible for taxes, device costs, data costs, carrier costs, Website access costs, and other third-party costs related to your use of the Services.

7. No Company Account; Device, Local Data, and Backup Responsibility

The current App does not require or create a Company account. The App may create a randomly generated anonymous installation identifier for the limited analytics described in these Terms and the Privacy Policy. That identifier is not a Company account and cannot be used to recover your PageCards or Saved Content.

PageCards and Saved Content are ordinarily retained in the App's local device storage until you delete them through the App, delete the App, erase the device, or an operating-system, storage, security, or device event removes or corrupts them.

Deleting a PageCard is intended to remove the App's active local copy of that PageCard and its associated locally stored material. Separate copies may remain in device backups, system backups, exported files, shared destinations, print records, temporary system storage, or locations outside the App until those copies are separately deleted or overwritten. Company does not control those copies.

Deleting the App ordinarily deletes its local application container, subject to Apple's operating-system behavior and any backup, restoration, storage, or device-management settings outside Company's control. Reinstalling the App may not restore PageCards or Saved Content.

You are responsible for:

• securing your device;
• securing your Apple account;
• maintaining your passcode and device access controls;
• protecting URLs, notes, PageCards, Saved Content, visual copies, PDF snapshots, exports, printed copies, and shared material;
• managing device, cloud, backup, file, sharing, and operating-system settings;
• deleting copies from exported, shared, backed-up, or external locations when deletion matters to you; and
• making and testing backups that matter to you.

Company Parties do not guarantee that PageCards, User Content, Saved Content, visual copies, PDF snapshots, exports, or local data will be recoverable, backed up, restorable, available, complete, readable, or retained. Device loss, App deletion, operating-system changes, storage pressure, corruption, hardware failure, user error, or third-party software may cause permanent loss.

8. User Content and Saved Website Content

As between you and Company, you retain whatever rights you lawfully hold in your User Content. Website owners, publishers, authors, licensors, and other third parties retain whatever rights they hold in Website content. Using the App does not transfer those third-party rights to you or to Company.

You are responsible for the URLs you enter or select, the Websites you access, the notes you create, the PageCards and Saved Content you retain, and every way you use, export, share, publish, distribute, rely on, or commercially exploit that material.

You represent and warrant that you have all rights, permissions, consents, authority, and lawful purposes required to access the Website and to retrieve, reproduce, store, retain, export, share, publish, or otherwise use the material involved in each capture you request.

You authorize the App to access, retrieve, process, reproduce, render, display, and store Website content and User Content on your device, and to make the network requests you initiate, solely as reasonably necessary to perform the actions you request. This authorization does not transfer ownership of Website content to Company and does not imply that Company receives or stores your locally kept PageCards or Saved Content.

If you voluntarily send User Content or Saved Content to Company through a support request or another direct communication, you grant Company and Company Parties a limited, worldwide, non-exclusive, royalty-free license to host, process, reproduce, transmit, display, adapt, and use that material only as reasonably necessary to respond to you; operate, support, secure, improve, enforce, document, test, defend, or provide the Services; comply with law; or process actions you initiate.

Company does not guarantee that Website content may lawfully be copied, that a Website permits archiving, that a PageCard or PDF snapshot is complete or accurate, that Saved Content is non-infringing, or that your intended use is permitted by law or third-party terms.

If you submit ideas, suggestions, requests, comments, reviews, bug reports, marketing ideas, product concepts, or other feedback, you assign to Company all rights in that feedback to the fullest extent permitted by law. Company may use feedback without restriction, attribution, or compensation. If assignment is not permitted, you grant Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use the feedback for any purpose.

9. Third-Party Website Rights and Capture Limitations

Websites and Website content are controlled by third parties, not Company. Your access to and use of a Website may be governed by that Website's terms, privacy policy, access rules, copyright notices, license terms, robots instructions, technical restrictions, and applicable law. The App does not grant you permission that you do not otherwise have.

You must not use the Services to bypass or defeat a paywall, login requirement, access control, geographic restriction, authentication measure, security mechanism, technical protection measure, rate limit, robots instruction, or other restriction imposed by a Website or rights holder.

You must not use the Services to engage in unauthorized scraping, bulk extraction, database copying, systematic downloading, surveillance, credential misuse, unauthorized access, or conduct that overloads, disrupts, damages, or interferes with a Website or third-party system.

You must not reproduce, retain, export, redistribute, publish, sell, license, publicly display, commercially exploit, or create derivative uses of Website content unless you have the rights, permission, license, or legal basis required for that use.

You are responsible for determining whether copyright, contract, privacy, publicity, confidentiality, database, trade-secret, access-control, or other rights restrict a capture or its later use. Static is a storage tool, not a rights-clearance service, and Company does not provide permission on behalf of Website owners or rights holders.

A direct request to a Website may expose ordinary network information to that Website or its providers, such as your IP address, user-agent information, connection details, cookies, authentication state, or other information handled by your browser, device, operating system, or the Website. Company does not control the Website's logging, privacy, security, or data practices.

Captures may be incomplete, inaccurate, unavailable, delayed, visually different from the live page, or unable to preserve dynamic content, scripts, authentication-dependent content, embedded resources, media, fonts, interactive elements, changing data, remote assets, or content blocked by the Website.

A Website may change or disappear after capture. A visual copy or PDF snapshot may omit material, contain stale material, render differently later, or fail to establish when, where, how, or by whom content was published. PageCards, visual copies, and PDF snapshots are not authenticated legal evidence, certified records, official records, compliance archives, or guaranteed backups.

Network failures, Website restrictions, device limits, storage limits, operating-system changes, security settings, content-security rules, malformed pages, unsupported formats, or third-party changes may block or degrade a capture. No capture method can guarantee a complete, permanent, or future-readable copy of every Website.

10. Company Intellectual Property

Company and its licensors retain all rights, title, and interest in the Services and all Company intellectual property. No rights are granted except the limited license expressly stated in these Terms.

You may not:

• copy, modify, sell, lease, sublicense, publish, distribute, or commercially exploit the App, Company analytics implementation, or Company materials;
• reverse engineer, decompile, disassemble, derive source code from, bypass, or tamper with the App except where non-waivable law permits;
• scrape, crawl, harvest, index, monitor, or extract App content, Company screenshots, design, interface, metadata, analytics implementation, or product materials by automated means without Company's written permission;
• remove, obscure, or alter proprietary notices;
• use Company materials to create a dataset, competing product, or substitute service; or
• use Company names, marks, screenshots, trade dress, or assets in a way that suggests endorsement, affiliation, or ownership by you.

11. Acceptable Use

You may not use the Services to:

• violate law or third-party rights;
• access, retrieve, create, store, save, share, publish, or distribute unlawful, infringing, abusive, harassing, defamatory, deceptive, invasive, exploitative, nonconsensual, confidential, or harmful material;
• store or distribute child sexual abuse material, nonconsensual intimate material, unlawful violent material, self-harm instructions, fraud materials, malicious software, stolen credentials, or material used to facilitate illegal activity;
• impersonate someone, misuse a person's identity or likeness, violate privacy or publicity rights, or retain sensitive personal material without required authority or consent;
• bypass a paywall, login, access control, authentication mechanism, security measure, robots instruction, rate limit, or technical restriction;
• interfere with, overload, disable, probe, scan, scrape, automate, attack, or obtain unauthorized access to the App, a Website, the Company website, analytics operations, support systems, or related systems;
• conduct bulk or systematic capture in violation of Website rules, rights-holder restrictions, or applicable law;
• misrepresent your identity, authority, rights, consent, payment authority, or relationship with Company;
• use the Services in a regulated professional context unless you independently satisfy all legal, licensing, recordkeeping, privacy, security, and professional obligations;
• use the Services as the sole archive, evidentiary record, official record, or compliance system where loss, incompleteness, or capture error may affect legal rights or obligations;
• use the Services for emergency, safety-critical, medical, mental-health, legal, tax, financial, employment, housing, education, insurance, criminal-justice, biometric, or rights-affecting decisions;
• expose Company Parties to legal, regulatory, platform, security, reputational, rights-holder, or operational risk; or
• assist anyone else in doing any of the above.

Violation of this section is a material breach. Company may preserve evidence, restrict support, suspend or terminate access where technically feasible, notify affected parties or authorities where appropriate, and seek injunctive relief.

12. No Professional Advice

The Services are website-saving, local-reference, and personal-productivity tools. They are not a lawyer, doctor, therapist, qualified mental health professional, accountant, tax advisor, financial advisor, safety system, medical device, emergency service, identity-verification service, certified archive, records custodian, evidence-authentication service, or other licensed professional.

The Services do not provide professional advice, do not create a professional relationship, and must not be used as a substitute for professional judgment, independent verification, legally required recordkeeping, or a professionally managed archival system.

The Services are not intended for use in emergencies or for decisions that may cause death, bodily injury, financial loss, legal loss, discrimination, reputational harm, privacy harm, loss of evidence, missed deadlines, or deprivation of rights.

13. Third-Party Services and Platforms

The Services may interact with or depend on third-party platforms and systems, including Apple, iOS, App Store services, PostHog, third-party Websites, email providers, network providers, device settings, operating-system features, file systems, and cloud or backup systems you choose to use.

PostHog is used for the limited anonymous App-interaction analytics described in these Terms and the Privacy Policy. Person-profile creation is disabled. The App does not use PostHog for advertising, cross-app tracking, automatic screen recording, session replay, or automatic interaction capture.

The App is configured to send only controlled event names, controlled categories, limited technical context, and a randomly generated anonymous installation identifier to PostHog. The App is configured not to send URLs, Website content, PageCard contents, user-created text, filenames, file paths, visual copies, PDF contents, transaction identifiers, contact information, or sensitive values, and uses a blocked-property sanitizer to reject prohibited properties.

When you request a capture, your device communicates directly with the selected Website. The Website and its providers may receive ordinary connection and request information and may apply their own terms, privacy practices, security controls, logging, access rules, content rules, and technical restrictions.

Company Parties are not responsible for third-party acts, omissions, outages, rules, refund decisions, privacy practices, Website behavior, Website content, access denials, logging, data practices, price changes, availability, compatibility, policy changes, platform changes, analytics outages, capture restrictions, or service discontinuation.

14. Updates, Changes, Suspension, and Discontinuation

Company may update, modify, suspend, discontinue, limit, or terminate the Services or any feature at any time. Updates may add, change, or remove features, purchase price, capture methods, supported Website behavior, device requirements, compatibility, analytics configuration, third-party integrations, limits, or availability.

Company may update these Terms. Company provides notice as required by applicable law and may provide notice by website posting, App Store release notes, in-app notice, email, or another reasonable method. Non-material updates apply to continued use to the extent permitted by law. Material amendments to dispute-resolution, class-waiver, jury-waiver, liability, privacy, or other rights-affecting terms apply prospectively and may require affirmative assent where required for enforceability.

If you do not agree to updated Terms, stop using the Services.

15. DMCA and Intellectual-Property Notices

The current App does not host a public user gallery or Company-hosted public archive of PageCards or Saved Content. If you believe Company-controlled material infringes your copyright, send a notice to:

Myworkingmemory LLC

Nashville, Tennessee, United States

Email: dean@myworkingmemory.ai

Your notice should include the information required by 17 U.S.C. 512, including identification of the copyrighted work, identification of the allegedly infringing material, your contact information, a statement of good-faith belief, a statement under penalty of perjury that the notice is accurate, and your physical or electronic signature.

16. Warranty Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, PAGECARDS, AND SAVED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, COMPATIBILITY, CAPTURE COMPLETENESS, CAPTURE FIDELITY, FUTURE READABILITY, ERROR-FREE OPERATION, AND UNINTERRUPTED SERVICE.

COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS, PRESERVE YOUR CONTENT, WORK ON EVERY DEVICE OR OPERATING SYSTEM, REMAIN AVAILABLE, REMAIN COMPATIBLE WITH APPLE OR THIRD-PARTY WEBSITES OR SERVICES, CAPTURE A COMPLETE OR ACCURATE PAGE, PRESERVE DYNAMIC OR REMOTE CONTENT, AVOID WEBSITE RESTRICTIONS, OR BE FREE FROM DEFECTS, ERRORS, INTERRUPTIONS, LOSS, CORRUPTION, MISSING MATERIAL, SECURITY INCIDENTS, OR UNSUITABLE SAVED CONTENT.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST REVENUE, LOST DATA, LOST CONTENT, BUSINESS INTERRUPTION, DEVICE FAILURE, LOSS OF GOODWILL, COSTS OF SUBSTITUTE GOODS OR SERVICES, INCOMPLETE OR FAILED CAPTURES, CHANGED OR DELETED WEBSITES, MISSING ASSETS, INACCESSIBLE PAGECARDS, RIGHTS-HOLDER CLAIMS ARISING FROM YOUR CONDUCT, PRIVACY HARM FROM YOUR SAVING OR SHARING, OR DAMAGES ARISING FROM THIRD-PARTY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES, PAGECARDS, SAVED CONTENT, PURCHASE, THESE TERMS, OR THE PRIVACY POLICY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100.

NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, INTENTIONAL TORTS, FRAUD, OR ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS WAIVES NON-WAIVABLE RIGHTS UNDER THE TENNESSEE CONSUMER PROTECTION ACT OR OTHER APPLICABLE CONSUMER-PROTECTION LAWS.

18. Indemnification

You agree to defend, indemnify, and hold harmless Company Parties from and against claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys' fees, arising from or relating to:

• your use or misuse of the Services;
• your User Content, PageCards, Saved Content, Website captures, visual copies, PDF snapshots, exports, shared material, or published material;
• your access to, retrieval, copying, retention, export, sharing, publication, redistribution, reliance on, sale, or commercialization of Website content;
• your purchase, refund, reversal, chargeback, or Apple account conduct;
• your breach of these Terms;
• your violation of law, Website terms, platform rules, access restrictions, privacy rights, publicity rights, confidentiality obligations, intellectual-property rights, or third-party rights; or
• your fraud, misrepresentation, negligence, willful misconduct, unauthorized conduct, or security violation.

Company may control the defense of any matter subject to indemnification, and you agree to cooperate with Company.

19. Contract With the LLC Only; Covenant Not to Sue Members Individually

You acknowledge and agree that your contract is with Myworkingmemory LLC only, not with any individual member, manager, officer, employee, contractor, agent, licensor, successor, assign, service provider, or affiliate.

You acknowledge the Tennessee limited-liability-company liability shield reflected in Tenn. Code Ann. Section 48-249-114, including that members and other LLC actors are generally not personally liable for the LLC's debts, liabilities, or obligations solely by reason of that status.

To the fullest extent permitted by law, you covenant not to sue, name, demand recovery from, seek discovery from as a party, or seek personal liability against any member, manager, officer, employee, contractor, agent, licensor, successor, assign, service provider, or affiliate of Myworkingmemory LLC for any claim arising from or relating to the Services, PageCards, Saved Content, purchase, these Terms, the Privacy Policy, or your use of the Services, except to the limited extent a non-waivable law permits a direct claim based on that person's own individual conduct.

This section is intended to protect the Company Parties, including the sole member of Myworkingmemory LLC, and survives termination.

20. Dispute Resolution

This section applies to all disputes, claims, actions, demands, controversies, or proceedings arising from or relating to the Services, PageCards, Saved Content, purchase, these Terms, the Privacy Policy, communications, Analytics Data, User Content, or any relationship between you and Company Parties.

20.1 Informal Resolution Required

Before starting arbitration or any court proceeding, you and Company must first send a written Notice of Dispute and participate in a 60-day informal negotiation period.

Your Notice of Dispute must be sent to dean@myworkingmemory.ai and must include your name, contact information, the App name, purchase platform, a description of the dispute, the relief requested, and enough information for Company to investigate.

Company's Notice of Dispute may be sent to the email address or mailing address associated with your purchase, support request, or other contact with Company.

No arbitration or lawsuit may be filed until the 60-day period ends, except for the small-claims and injunctive-relief exceptions below.

20.2 Binding Individual Arbitration

Except as expressly provided in this section, disputes will be resolved by final and binding individual arbitration administered by the American Arbitration Association under the AAA Consumer Arbitration Rules, including the AAA Mass Arbitration Supplementary Rules where applicable.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitration will be seated in Nashville, Davidson County, Tennessee. Where AAA rules permit, hearings may occur by videoconference, telephone, documents-only procedure, or another remote method.

20.3 Delegation

The arbitrator has exclusive authority to resolve threshold questions, including issues relating to the interpretation, applicability, formation, validity, scope, enforceability, unconscionability, waiver, capacity, authority, agency, minor or guardian assent, or arbitrability of this section and these Terms, except that a court may decide whether the class-action waiver or class/consolidated-arbitration waiver below is enforceable if required by law.

20.4 Class, Representative, Consolidated, Joinder, and Class-Arbitration Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND COMPANY PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE IN ANY PURPORTED CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.

THE ARBITRATOR MAY NOT CONDUCT CLASS ARBITRATION, COLLECTIVE ARBITRATION, CONSOLIDATED ARBITRATION, REPRESENTATIVE ARBITRATION, PRIVATE-ATTORNEY-GENERAL ARBITRATION, OR JOINT ARBITRATION, AND MAY NOT JOIN OR CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON, EXCEPT TO THE LIMITED EXTENT THE MASS-ARBITRATION PROTOCOL BELOW EXPRESSLY ALLOWS ADMINISTRATIVE BATCHING WITHOUT CLASS, REPRESENTATIVE, OR CONSOLIDATED MERITS ADJUDICATION.

No arbitration award or decision will have preclusive effect for or against anyone who is not a party to that individual arbitration.

20.5 Mass-Arbitration Protocol

If 25 or more similar arbitration demands are filed against Company Parties by the same or coordinated counsel or entities, the AAA Mass Arbitration Supplementary Rules apply. A process arbitrator will decide administrative and procedural issues, including filing completeness, fee allocation as permitted by AAA rules, batching, sequencing, bellwether procedures, mediation timing, and other process-management issues.

Unless AAA rules require otherwise or the process arbitrator orders otherwise, similar claims may be batched for staged proceedings, bellwether merits determinations, global mediation, and efficient administration. Each claimant's claim remains an individual claim, and no class, consolidated, collective, representative, or joint merits arbitration is permitted.

20.6 Jury Trial Waiver

FOR ANY CLAIM THAT IS NOT ARBITRATED, YOU AND COMPANY PARTIES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

20.7 Arbitration Opt-Out

You may opt out of this arbitration section by sending an email to dean@myworkingmemory.ai within 30 days after you first accept these Terms. The email must include your name, the App name, purchase platform, and a clear statement that you opt out of arbitration.

Opting out of arbitration does not opt you out of any other part of these Terms, including the class-action waiver and jury-trial waiver to the extent enforceable outside arbitration.

20.8 Small Claims

Either party may bring an individual claim in small-claims court if the claim qualifies and remains in small-claims court. If a small-claims case is removed, appealed, transferred, or otherwise stops qualifying as a small-claims case, either party may require arbitration.

20.9 Company Injunctive and Equitable Relief

Company Parties may seek temporary, preliminary, or permanent injunctive or equitable relief in the state or federal courts located in Davidson County, Tennessee, for claims involving intellectual property, unauthorized access, cybersecurity, scraping, reverse engineering, acceptable-use violations, confidentiality, data misuse, fraud, Website abuse, or threats to App, Company website, support, or analytics operations. This exception does not waive arbitration for damages or other claims.

20.10 Company Parties May Invoke and Are Bound

This section may be invoked by and against Company Parties, including members, managers, officers, employees, agents, contractors, licensors, service providers, successors, assigns, and affiliates. You agree that those persons and entities are intended beneficiaries of this section and may enforce it.

20.11 Fees

For consumer arbitrations, Company will pay arbitration fees above the consumer filing fee to the extent required by the AAA Consumer Arbitration Rules and applicable law. The arbitrator may award fees, costs, and sanctions where authorized by law, AAA rules, or these Terms.

20.12 Confidentiality

The arbitration proceeding, filings, evidence, hearing, settlement communications, and award are confidential to the extent permitted by law, except that a party may disclose them to enforce or challenge an award, comply with law, obtain legal, accounting, or insurance advice, report to regulators where legally protected, or as otherwise required by law.

20.13 Severability and Class-Waiver Blow-Up

If any part of this section other than the class-action waiver or class/consolidated-arbitration waiver is found unenforceable, that part will be severed and the rest of this section will remain in effect.

If the class-action waiver or class/consolidated-arbitration waiver is found unenforceable as to any claim or request for relief, then this entire arbitration section is void as to that claim or request for relief, and that claim or request for relief must proceed individually in court, not in class arbitration.

Under no circumstances may a dispute proceed in class arbitration, representative arbitration, collective arbitration, consolidated arbitration, or private-attorney-general arbitration unless Company gives express written consent after the dispute arises.

21. Governing Law and Forum

Tennessee law governs these Terms and the Services, excluding conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration section.

For claims not subject to arbitration and not brought in small-claims court, the exclusive forum and venue are the state and federal courts located in Davidson County, Tennessee. You and Company Parties consent to personal jurisdiction there.

Nothing in this section waives or limits any non-waivable right under the Tennessee Consumer Protection Act or any other applicable consumer-protection law.

22. One-Year Limitation Period

To the maximum extent permitted by law, any claim arising from or relating to the Services, PageCards, Saved Content, purchase, these Terms, or the Privacy Policy must be filed within one year after the claim arose. Claims filed after that period are permanently barred.

This limitation does not apply where a longer period is non-waivable by law.

23. Export, Sanctions, and Government Users

You must comply with U.S. export-control, sanctions, and denied-party laws. You represent that you are not prohibited from receiving the Services under U.S. law and will not use or export the Services or Saved Content in violation of law.

The App is "commercial computer software" and "commercial computer software documentation" under applicable FAR and DFARS provisions. Government users receive only the rights granted to all other users under these Terms.

24. General Terms

These Terms and the Privacy Policy are the entire agreement between you and Company regarding the Services and supersede prior or contemporaneous understandings.

No waiver is effective unless in writing and signed by Company. Failure to enforce a provision is not a waiver.

If any provision is unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect, subject to the class-waiver blow-up clause in the Dispute Resolution section.

Company may assign or transfer these Terms and any rights or obligations to an affiliate, successor, acquirer, purchaser, contractor, service provider, or in connection with a merger, acquisition, restructuring, sale of assets, change of control, or operation of law. You may not assign or transfer these Terms or your App license without Company's written consent.

Headings are for convenience only. The rule that ambiguities are construed against the drafter does not apply. English controls over translations.

Sections that by their nature should survive will survive termination, including intellectual-property, User Content, Saved Content, feedback, acceptable use, Website rights and capture limitations, disclaimers, limitation of liability, indemnity, LLC/member protection, dispute resolution, governing law, claim deadline, and general provisions.

25. Contact

Myworkingmemory LLC

Nashville, Tennessee, United States

Email: dean@myworkingmemory.ai