Terms of Use – myArmsCache

The following Terms of Use are entered into by and between You and Drea Creative LLC (“Company”, “we”, or “us”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the myArmsCache App, including any content, functionality and services offered on or through the myArmsCache App (the “App”) whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the App. By using the App or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the App.

We reserve the right, at our sole discretion to amend, update or change these Terms of Use at any time. By continuing to access or use the App after those revisions, you agree to be bound by the revised terms. If you do no agree to the new Terms of Use, you must stop using the App.

FREE TRIAL
If you are a new subscriber, myArmsCache currently offers a Free Trial when you sign up for a subscription plan. Once the Free Trial has expired, you will automatically be charged the applicable Subscription fees each month, six months, or year, depending on the plan you choose if you do not cancel at least 24 hours prior to the renewal date. The Free Trial may be cancelled at any time through your iTunes account or by contacting Apple.

SUBSCRIPTION
The Service is billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis. The Billing Cycle for the Subscription is set to monthly, every six months, or yearly, depending on the subscription you choose.

At the end of the Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it at least 24 hours prior to the renewal date. Subscriptions must be cancelled through your iTunes account. Be aware that once you cancel your subscription, you will no longer be able to access the app or the data you added to it. To delete your data, you can simply delete the app from your device.

By signing up for the Subscription, you agree to pay all fees and applicable taxes incurred. The price of the Subscription may be revised – if that occurs, you will be notified in advance and given time to cancel the Subscription if you do not agree with the new price.

PAYMENT AND CANCELLATIONS
All financial transactions related to the Subscription are processed through your iTunes account by Apple in accordance with their respective Terms of Use, Privacy Policy, and/or any applicable payment terms and conditions. If you have any concerns, please visit their website.

In order to cancel your subscription, you will need to do so through your iTunes account or by contacting Apple directly.

REFUND POLICY
Once purchased, refunds will not be provided by Drea Creative LLC for cancellations or any unused portion of the Subscription term. Subscriptions can be managed and auto-renewal turned off in your iTunes Account Settings.

In the event myArmsCache is removed from the App Store or stops working, you understand and agree that you will not receive a refund or exchange of any kind from Drea Creative LLC for the money you previously paid.

REMOVE LIMITS (IN-APP PURCHASE)
The Remove Limits In-App Purchase has been discontinued and removed from the App Store. Users who purchased Remove Limits will have access to the features available in the app when they purchased it. All new features added to the app are available for subscribers only.

OWNERSHIP AND USE OF CONTENT
You should assume that the design, logo, images and content included in the App are protected by copyright and other rights of intellectual property. You must obtain permission before utilizing the design, images or information contained in the app. The content that you add to the App is yours. Drea Creative LLC does not claim any ownership rights to the photos and information you add to the app. If you choose to use a service not associated with myArmsCache, you are encouraged to learn about their Privacy Policy and Terms of Use as it is related to your content.

PROPRIETARY RIGHTS
All content available through the Service is the proprietary property of Drea Creative LLC or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, other than as expressly permitted in these Terms and Conditions. You may not use any data mining, robots, scraping or similar data gathering or extraction methods to obtain Service Content.

INTENDED USE
myArmsCache is for entertainment purposes only and should be used as such. It is not intended for business use, including inventory management or sales tracking. Users should not rely on myArmsCache for any business-related activities.

DATA BACKUP & SECURITY
ALL data is stored on your device: myArmsCache does NOT automatically back up your data. It is your responsibility to regularly back up your data to prevent loss.

Safeguard your data: You are responsible for protecting your data from unauthorized access, theft, or loss. Drea Creative LLC is not responsible for lost or stolen data.

No liability for data loss: Drea Creative LLC is not liable for any lost data, regardless of the cause. It is crucial that you take appropriate measures to secure and back up your data.

LIMITATION OF LIABILITY
The myArmsCache App is provided to you on an “as is” basis. We cannot guarantee that the app will be safe, secure, error-free, suitable for any particular purpose, or work perfectly all the time. To the extent permitted by law, we disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

If there is an issue with the app, we cannot predict all possible impacts. You agree that we will not be responsible or liable for any lost profits, revenues, information, or data, or for any consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we are aware of the possibility of such damages.

We cannot guarantee that the app will be safe and secure or will work perfectly all the time. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. If there is an issue with the app, we can’t know what all the possible impacts might be. You agree that we will not be responsible or liable for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible.

THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THE APP. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, INCLUDED ON OR THROUGH THE APP. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

By using myArmsCache, you agree to indemnify and hold harmless Drea Creative LLC against any and all losses. In no event will Drea Creative LLC be liable to you or any third party claiming through you (whether based on contract, tort, strict liability, or other theory) for indirect, incidental, special, consequential, or punitive damages or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF THE USE OF THE APP. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THE APP.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

ARBITRATION
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this App, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Montgomery County, Pennsylvania. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you assert against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the App or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

TERMINATION
We may choose to discontinue, suspend, modify, or remove the App from the App Store without prior notice. If that happens, Drea Creative LLC is not liable to you for any damages, including but not limited to the loss of use of the service, loss of profits, business interruption, damages stemming from loss or corruption of data or data being rendered inaccurately, the cost of recovering any data, the cost of substitute services or other property. All provisions of the Terms which by their nature should survive termination and shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.

TERMINATION AND ACCESS RESTRICTION
The Company reserves the right, in its sole discretion, to terminate your access to the App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

ENTIRE AGREEMENT
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the App and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CHANGES TO TERMS
The Company reserves the right, in its sole discretion, to change the Terms under which the App is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to stay informed of our updates.

CONTACT
The Company welcomes your questions or comments regarding the Terms:
Email Address: feedback@myArmsCache.com

Updated March 9, 2024

Effective:
January 10, 2020