Terms and Conditions of Use

Welcome to Damini Rijhwani’s Strokes App Terms and Conditions of Use. These Terms and Conditions of Use, referred to as the “Terms,” form a binding legal contract between you, the user (“you”), and Damini Rijhwani (“me”, “I”, “my”). By accessing, viewing, or using the Strokes website (the “Site”) or mobile application (the “App”), you agree to be legally bound by these Terms. If you do not agree to these Terms, you must discontinue using the App and Site immediately.

Please read these Terms carefully before using the App or Site, as they contain important information about your legal rights, remedies, and obligations.

1. Acceptance of Terms

By registering for an account on the Strokes App (“Account”) or subscribing to any services through the App, you agree to these Terms, including automatic subscription renewals for additional periods equal to the initial term unless you cancel prior to renewal. Your continued use of the App following any modification of these Terms constitutes your acceptance of the modified Terms.

Note: Section 11 contains an arbitration agreement requiring disputes between you and I to be resolved through binding arbitration, with limited exceptions.

2. Account Registration and Termination

To create an Account, you must be at least 18 years old and legally permitted to use the App. You are responsible for maintaining the confidentiality of your Account credentials, and you agree not to use another person’s Account or share your Account without permission. Your Account is strictly non-transferable.

You may delete your Account at any time by navigating to the profile section and selecting the “delete” option. However, it may take additional time for all content to be completely removed from the App’s systems.

I reserve the right to monitor and review Accounts and content for any violations of these Terms and to terminate, restrict, or suspend any Account at my sole discretion without notice for reasons including but not limited to:

  • Breaching the Terms or engaging in illegal conduct within or outside the App.
  • Conduct deemed inappropriate or harmful to the community.
  • Violating intellectual property rights or privacy policies.

If your Account is terminated, you will not be entitled to any refund for paid services or features already charged.

3. Types of Content

On the App, three types of content are recognized:

  1. Your Content: The content you upload.
  2. Other User Content: Content uploaded by other users.
  3. My Content: Proprietary content provided by me, including software, databases, and other intellectual property.

Content is restricted by the following conditions:

  • Offensive, harassing, abusive, or discriminatory content is strictly prohibited.
  • Illegal content or content promoting illegal activities (including without limitation, terrorism or incitement to racial hatred) is not allowed.
  • Content infringing on intellectual property rights or violating privacy laws (e.g., the Digital Millennium Copyright Act (DMCA)) will be removed immediately upon notice.
  • Transmission of viruses, malware, or other malicious code that disrupts the operation of the App is strictly prohibited.

I maintain a zero-tolerance policy for such content and reserve the right to take down any material that violates these guidelines without prior notice.

4. License and Usage of Content

By uploading Your Content to the App, you grant me a non-exclusive, worldwide, perpetual, royalty-free license to use, modify, adapt, and distribute such content. You warrant that you have all necessary rights to Your Content and agree to indemnify me for any claims arising from it.

You may not upload content that:

  • Violates intellectual property laws (e.g., copyrighted material without permission).
  • Contains personal or sensitive information, such as financial data.
  • Harms or endangers minors.

Other User Content belongs to the respective user, and you are prohibited from using it for commercial purposes, harassment, spamming, or any unlawful activities. I reserve the right to pursue legal action for misuse of Other User Content.

5. Intellectual Property Rights

All text, software, databases, graphics, logos, and other intellectual property within the App are owned or licensed by Damini Rijhwani. You are granted a limited, revocable, non-transferable, non-exclusive license to access the App and My Content for personal use only. You may not:

  • Reproduce, sell, or distribute My Content for commercial gain.
  • Modify, reverse-engineer, or attempt to extract the source code of the App or its underlying software.
  • Use My Content in any manner that violates applicable intellectual property laws.

All rights not expressly granted are reserved.

6. Privacy, Data Collection, and Analytics

Your use of the App is subject to my Privacy Policy, which governs how I collect, use, and protect your personal data in compliance with GDPR, CCPA, and other relevant laws. By using the App, you consent to the collection and use of your personal data in accordance with this policy.

I may also collect analytics data to monitor App performance, enhance user experience, and prevent abuse. This data may include anonymized usage patterns and interactions. You acknowledge and agree that this data may be collected and analyzed for operational and improvement purposes.

7. Push Notifications

You may receive push notifications, emails, or alerts regarding updates, promotions, and other communications. You are responsible for managing your notification settings within your device or App settings.

8. Cookies and Tracking Technology

The App may use cookies or similar technologies to collect data for improving your experience. Cookies may be used to store session information, enhance security, and personalize content. By using the App, you consent to the use of cookies. You may manage your cookie preferences through your browser settings, but disabling cookies may affect the functionality of the App.

9. Compliance with App Store Guidelines

If you download the App from a third-party platform such as the Apple App Store or Google Play Store, you agree to comply with their respective terms and conditions. These third-party platforms may impose additional restrictions or rules regarding app usage and data collection. You acknowledge that the Strokes App complies with these guidelines, and any violations may lead to termination of services.

10. Mobile Device Security

You are responsible for maintaining the security of your mobile device when accessing the App, including using passcodes, Face ID, or other security measures. Damini Rijhwani is not responsible for unauthorized access to your Account due to negligence on your part (e.g., losing your phone or sharing access).

11. App Updates and Changes

I reserve the right to automatically update the App to improve security, introduce new features, or fix bugs. By using the App, you consent to these updates being installed on your device. Continued use of the App after updates are implemented constitutes your acceptance of such updates.

12. Location-Based Services

Certain features of the Strokes App may use your approximate location to provide enhanced services (e.g., connecting with players nearby). You are responsible for enabling/disabling location services on your device. While I do not track your precise location without consent, you agree that enabling location services is required for some app functionality, and the accuracy of such data is not guaranteed.

13. Beta Features

The App may include beta or experimental features provided on an “as-is” basis. These features may not be fully functional, may contain bugs, and may be removed or modified without notice. You assume all risks associated with using beta features and agree that Damini Rijhwani is not liable for any issues arising from them.

14. Payment Processing and Subscription Terms

If the App offers in-app purchases or subscription services, all payments will be processed through third-party payment processors. You agree to comply with their terms and conditions for handling transactions. Refunds will only be issued in accordance with applicable laws and the policies of the payment processor.

Subscriptions will automatically renew unless canceled before the renewal date. You are responsible for managing your subscriptions and payment methods.

15. Accessibility and ADA Compliance

I am committed to ensuring that the Strokes App is accessible to users with disabilities and complies with ADA and WCAG standards. If you experience any accessibility issues, please contact us so we can take corrective action.

16. Limitation of Liability and Warranty Disclaimer

The Strokes App and all related content and services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, I disclaim all warranties, express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose.
  • Non-infringement of third-party rights.
  • The security, accuracy, or uninterrupted availability of the App.

I am not liable for any damages, including but not limited to indirect, incidental, consequential, or punitive damages arising from your use of the App, including loss of data, profits, or goodwill. In no event will my total liability exceed $100. This limitation does not apply to claims of fraud or gross negligence.

17. Indemnity

You agree to indemnify, defend, and hold harmless Damini Rijhwani, her affiliates, officers, directors, employees, contractors, and agents from any and all claims, damages, liabilities, costs, and expenses (including attorneys’ fees) arising out of or related to:

  • Your violation of these Terms.
  • Your use or misuse of the App.
  • Any content you upload that violates third-party rights or laws.

18. Third-Party Services

The App may contain links to third-party websites or integrate with third-party services, such as payment processors. I am not liable for the practices, content, or availability of third-party services, and you agree to review their terms of use before engaging with them. The use of third-party services is at your own risk.

19. Arbitration Agreement

By using the App, you agree to resolve any disputes through binding arbitration in accordance with the Federal Arbitration Act. This agreement applies to all disputes, except those qualifying for small claims court or intellectual property claims. Arbitration will be conducted through JAMS under their Streamlined Arbitration Rules.

You waive the right to participate in class action lawsuits or to have disputes heard by a jury.

20. Termination of Terms

You may terminate these Terms at any time by closing your Account. However, any rights or obligations that have accrued before termination, including my ownership of Your Content and rights to indemnity, will survive termination.

I may terminate or suspend your access to the App at my discretion if you violate these Terms.

21. Modifications to the Terms

I reserve the right to modify these Terms at any time. Changes will be posted with the updated effective date, and I may notify you via email. Your continued use of the App after such changes constitutes your acceptance of the revised Terms.

22. Governing Law and Forum

These Terms and any disputes arising from them are governed by the laws of [Your Jurisdiction], and you agree to submit to the exclusive jurisdiction of the courts in [Your Jurisdiction]. You waive any objection based on inconvenient forum.

23. Contact Information

For any questions or concerns about these Terms, please contact me at: Email: support@strokesapp.com.