Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Larkite ("Company," "we," "us," or "our") concerning your access to and use of the PushToApp application and related services (collectively, the "Service").

By downloading, installing, or using PushToApp, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, for significant changes, by email. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Eligibility

You must be at least 13 years old to use PushToApp. If you are under 18, you must have permission from a parent or legal guardian who agrees to be bound by these Terms on your behalf.

By using the Service, you represent and warrant that you meet these eligibility requirements and have the legal capacity to enter into this agreement.

3. Account Registration

To access certain features of PushToApp, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breach

We reserve the right to suspend or terminate accounts that violate these Terms or contain false information.

4. Subscription and Payment

5. Acceptable Use

You agree to use PushToApp only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the Service to create applications that are illegal, harmful, or infringe on others' rights
• Generate malware, viruses, or malicious code
• Attempt to bypass, disable, or circumvent any security features
• Use automated systems (bots, scrapers) to access the Service excessively
• Resell, sublicense, or provide access to the Service to third parties without authorization
• Reverse engineer, decompile, or disassemble the application
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt the Service or servers
• Use the Service to generate content that promotes hate, violence, or discrimination

6. Intellectual Property

7. AI-Generated Content

PushToApp uses artificial intelligence to generate application code. By using the Service, you acknowledge and agree that:

• AI-generated code may occasionally contain errors, bugs, or unexpected behavior
• You are responsible for reviewing and testing all generated applications
• We do not guarantee that generated code will be error-free, secure, or fit for any particular purpose
• Similar prompts from different users may produce similar or identical code
• You should not rely solely on AI-generated code for applications involving safety-critical functions, financial transactions, healthcare decisions, or legal matters without appropriate professional review

Your prompts are processed by third-party AI providers. While we use API configurations that exclude training on user data, we cannot guarantee the policies of these providers. See our Privacy Policy for details.

8. Disclaimer of Warranties

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from the Service will be accurate or reliable
• Any errors in the Service will be corrected
• The Service will meet your specific requirements

You use the Service at your own risk. Any content downloaded or obtained through the Service is at your own discretion and risk.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LARKITE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or goodwill
• Business interruption
• Cost of substitute services
• Any damages arising from your use or inability to use the Service

Our total liability for any claims arising from or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Larkite and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Applications you create using the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Any content you submit or transmit through the Service

11. Third-Party Services

PushToApp integrates with third-party services including AI providers, authentication services, and payment processors. Your use of these services is subject to their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services, or for any damages or losses caused by your use of them.

Applications you create may be published to third-party platforms (Google Play Store, Apple App Store, etc.). You are solely responsible for compliance with those platforms' terms and guidelines.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Reasons for termination may include:

• Violation of these Terms
• Conduct that we believe is harmful to other users or our business
• Request by law enforcement or government agencies
• Extended periods of inactivity
• Discontinuation of the Service

Upon termination:

• Your right to use the Service immediately ceases
• Applications stored locally on your device remain yours
• We may delete your account data after a reasonable period
• Provisions of these Terms that should survive termination will remain in effect

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of [Your State], without regard to conflict of law principles.

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in [Your City, State], and the arbitrator's decision shall be final and binding.

You agree to resolve disputes on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for violations of intellectual property rights.

14. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Larkite regarding the Service and supersede all prior agreements.
• Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
• Assignment: You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.
• Notices: We may provide notices to you via email, in-app notification, or by posting on our website.
• Force Majeure: We shall not be liable for any failure or delay due to circumstances beyond our reasonable control.

15. Contact Information

If you have questions about these Terms of Service, please contact us:

• Email: sales@larkite.com
• PushToApp Support: PushToApp@larkite.com
• Contact Page: larkite.com/pages/contact