Last updated: April 6, 2026
This End User License Agreement ("EULA," "License Agreement," or "Agreement") is a legally binding contract between you, the end user ("User," "Licensee," "you," or "your"), and Krickets LLC, a limited liability company organized under the laws of the United States ("Licensor," "Company," "we," "our," or "us"). This Agreement governs your access to and use of all mobile software applications ("App" or "Apps") developed, published, and distributed by Krickets LLC through the Apple App Store, Google Play Store, or any other authorized distribution platform or channel.
By downloading, installing, copying, accessing, or otherwise using any App developed by Krickets LLC, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of this EULA, together with our Privacy Policy, Terms of Service, and Cookie Policy, all of which are incorporated herein by reference. If you do not agree to all of the terms and conditions set forth in this Agreement, you must immediately cease all use of the App, uninstall and delete all copies of the App from your Device(s), and discontinue any further access to the App or its associated services.
This EULA constitutes a binding agreement regardless of whether you have read it in its entirety. Your installation or use of the App serves as your acceptance of these terms. If you are accepting this EULA on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, in which case "you" and "your" shall refer to that entity.
We reserve the right to modify, amend, or update this EULA at any time in our sole discretion. Material changes will be communicated by updating the "Last updated" date at the top of this page and, where feasible, through in-app notifications or email to your registered account. Your continued use of the App following the posting of changes constitutes your binding acceptance of such changes. We encourage you to review this EULA periodically to stay informed of any updates.
For the purposes of this End User License Agreement, the following terms shall have the meanings set forth below:
Subject to the terms and conditions of this EULA and your ongoing compliance with all provisions herein, Krickets LLC hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to download, install, and use the App on compatible Devices that you own or legally control, solely for your personal, non-commercial purposes, unless a separate commercial license agreement has been executed in writing between you and Krickets LLC.
This license grant is specifically conditioned upon the following:
The scope of your license to use the App is determined by the distribution Platform and your Account configuration:
Unless expressly authorized in writing by Krickets LLC through a separate commercial license agreement, you agree to use the App solely for your personal, non-commercial purposes. Prohibited commercial uses include, without limitation:
You may not distribute, publish, make available, or otherwise disseminate the App or any copy, adaptation, transcription, or merged portion thereof to any third party by any means, including but not limited to electronic transmission, posting on the internet, sharing through file-sharing services, or physical distribution. The App may only be obtained through official distribution Platforms authorized by Krickets LLC.
In addition to the scope and limitations set forth in Section 4, you expressly agree that you shall not, directly or indirectly, do or attempt to do any of the following with respect to the App, in whole or in part:
You shall not reverse engineer, decompile, disassemble, decode, decrypt, or otherwise attempt to derive or gain access to the source code, object code, underlying structure, algorithms, ideas, or architectural design of the App or any portion thereof. This restriction applies regardless of the method or tools used, including but not limited to static analysis, dynamic analysis, binary inspection, debugging, packet sniffing, protocol analysis, or any other technique. This prohibition applies to the fullest extent permitted by applicable law. To the extent that applicable law (such as Article 6 of the EU Software Directive 2009/24/EC) grants you the right to decompile the App for interoperability purposes, you agree to first request such information from Krickets LLC in writing before exercising any such right.
You shall not modify, adapt, alter, translate, port, or create derivative works based on the App or any part thereof. This includes, without limitation, any modification to the App's code, resources, assets, configuration files, databases, user interface elements, graphics, animations, audio, text, or any other component of the App. You shall not merge the App with other software or create any software that incorporates any part of the App.
You shall not sell, resell, rent, lease, lend, loan, sublicense, distribute, redistribute, assign, convey, pledge, encumber, commercially exploit, or otherwise transfer or make available the App, any license to the App, or any rights under this EULA to any third party, whether for consideration or not. You may not grant any third party access to the App through your Account, credentials, or Device.
You shall not remove, alter, obscure, deface, cover, or otherwise tamper with any copyright notices, trademark notices, patent notices, proprietary legends, trade secret designations, watermarks, digital rights management (DRM) mechanisms, attribution notices, or any other proprietary markings or legal notices contained in, affixed to, or associated with the App or any component thereof.
You shall not circumvent, disable, bypass, defeat, manipulate, or otherwise interfere with any security-related features, access controls, authentication mechanisms, encryption, digital rights management (DRM) systems, license verification mechanisms, content protection systems, copy protection mechanisms, or any other technological measures implemented in the App designed to control access to or use of the App, protect Intellectual Property, ensure data integrity, or enforce the terms of this EULA. This includes, without limitation, bypassing in-app purchase verification, subscription validation, trial period enforcement, or any paywall or gating mechanism.
You shall not use any robot, spider, crawler, scraper, bot, macro, script, automated tool, artificial intelligence agent, or any other automated means to access, interact with, collect data from, or perform actions within the App without the prior express written consent of Krickets LLC. You shall not use any automated system to send requests to the App's servers, APIs, or backend services at a rate that exceeds what a reasonable human user could generate through normal manual use of the App. This restriction includes, without limitation, automated account creation, automated content submission, automated data mining, and automated interaction with other users.
You shall not use the App, or any information, data, insights, features, design patterns, user interface concepts, or functionality obtained from the App, for the purpose of building, developing, designing, marketing, or operating a product or service that competes with, is substantially similar to, or is intended to replace or replicate any of the Apps or Services offered by Krickets LLC. You shall not conduct any competitive analysis, feature comparison, or benchmarking activities using the App for the benefit of a competitor or for the purpose of developing a competing offering.
You shall not perform, publish, or disclose to any third party any performance testing, benchmarking, stress testing, load testing, penetration testing, security assessment, or comparative analysis of the App or any of its components without the prior written consent of Krickets LLC. This restriction includes, without limitation, measuring response times, throughput, resource consumption, battery usage, network utilization, or any other performance metric for the purpose of public disclosure, competitive analysis, or third-party reporting.
You shall not:
All right, title, and interest in and to the App, including but not limited to all Intellectual Property rights therein, are and shall remain the exclusive property of Krickets LLC and its licensors. The App is protected by copyright, trademark, trade secret, patent, and other intellectual property laws of the United States and international treaties.
Without limiting the generality of the foregoing, Krickets LLC owns all rights in and to:
Nothing in this EULA shall be construed as transferring any aspect of Intellectual Property ownership to you. Any feedback, suggestions, ideas, enhancement requests, recommendations, bug reports, or other input you provide regarding the App ("Feedback") shall become the sole and exclusive property of Krickets LLC. You hereby irrevocably assign to Krickets LLC all right, title, and interest in and to such Feedback, including all Intellectual Property rights therein, and waive any and all moral rights you may have in such Feedback.
Certain features and functionalities of the App may require you to create a user Account. When creating an Account, you agree to provide accurate, current, complete, and truthful information as prompted by the registration process. You agree to maintain and promptly update your Account information to keep it accurate, current, and complete at all times. Providing false, inaccurate, outdated, or incomplete information may result in the immediate suspension or termination of your Account.
You are solely responsible for maintaining the confidentiality and security of your Account credentials, including your username, password, and any other authentication tokens or methods associated with your Account. You agree to:
You acknowledge and agree that you are fully responsible for all activities that occur under your Account, whether or not authorized by you. Krickets LLC shall not be liable for any loss or damage arising from your failure to comply with these security obligations.
We reserve the right to suspend, disable, or permanently terminate your Account at our sole discretion, with or without prior notice, for any reason, including but not limited to:
You may terminate your Account at any time by contacting us at ceo@kricketsllc.com or using the account deletion feature within the App, if available. Please also refer to our Data Deletion page for information on requesting the deletion of your personal data.
You retain all ownership rights in and to the User Content that you create, upload, submit, post, or otherwise make available through the App. Krickets LLC does not claim ownership over any User Content. However, by submitting User Content through the App, you grant us certain license rights as described below.
By creating, uploading, submitting, posting, or otherwise making available User Content through the App, you hereby grant Krickets LLC a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), irrevocable (for the duration of the applicable license period) license to use, reproduce, modify, adapt, translate, distribute, publish, publicly display, publicly perform, create derivative works from, transmit, broadcast, store, cache, host, format, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed, solely in connection with the operation, provision, improvement, promotion, and development of the App and Services. This license continues for so long as your User Content is stored on our systems, and survives termination of your Account solely to the extent necessary to complete any pending operations, comply with legal obligations, or enforce our rights.
You are solely responsible for all User Content you make available through the App. You represent and warrant that your User Content does not and shall not:
Krickets LLC reserves the right, but has no obligation, to monitor, review, screen, edit, remove, or refuse to post any User Content at our sole discretion, at any time and for any reason, without notice to you. We may remove or disable access to any User Content that we determine, in our sole discretion, violates this EULA, our content standards, applicable law, or is otherwise objectionable or harmful. We shall not be liable for any removal or disabling of access to any User Content.
All In-App Purchases and Subscriptions made within the App are processed through the applicable Platform provider:
Krickets LLC does not directly process, store, or have access to your full payment card information, billing address, or financial account details. All payment transactions are handled exclusively by the Platform provider. By making a purchase, you agree to the applicable Platform provider's payment terms and conditions.
Subscriptions automatically renew at the end of each billing period (e.g., weekly, monthly, quarterly, semi-annually, or annually) unless you cancel auto-renewal at least twenty-four (24) hours before the end of the current billing period. Your Account will be charged for the renewal within twenty-four (24) hours prior to the end of the current period at the then-current subscription price. Subscription fees are subject to change, but we will provide notice of any price increase before it takes effect and, where required by the Platform, you will need to affirmatively accept the new price to continue your Subscription.
Krickets LLC may offer free trial periods for certain Subscriptions. If you sign up for a free trial, you may be required to provide payment information to the Platform. Unless you cancel your Subscription before the free trial period ends, your Subscription will automatically convert to a paid Subscription, and your payment method will be charged at the then-current subscription price. Any unused portion of a free trial period will be forfeited when you purchase a Subscription for the same content or service. Free trials are limited to one per user per Subscription tier, and Krickets LLC reserves the right to determine your eligibility for a free trial at its sole discretion.
You may cancel your Subscription at any time. Cancellation will take effect at the end of the current billing period, and you will retain access to the Subscription features until that period expires. To cancel your Subscription:
On iOS (iPhone, iPad):
On Android:
Please note that deleting the App from your Device does not cancel your Subscription. You must cancel your Subscription through the applicable Platform as described above to avoid future charges.
All refund requests for In-App Purchases and Subscriptions must be directed to the applicable Platform provider, as Krickets LLC does not process refunds directly:
Except as required by applicable law, all purchases are final and non-refundable. Krickets LLC is not obligated to provide refunds or credits for any reason, including but not limited to dissatisfaction with the App, unused Subscription periods, or changes to App features.
The App may offer Virtual Items, including but not limited to virtual currencies, tokens, points, credits, digital collectibles, digital stickers, in-app power-ups, boosts, cosmetic items, and other digital goods. You acknowledge and agree that:
Subscriptions are offered in various billing cycles, which may include weekly, monthly, quarterly (every three months), semi-annual (every six months), and annual (every twelve months) options. The specific billing cycles available for each Subscription tier will be displayed within the App at the time of purchase. The billing cycle begins on the date of your initial Subscription purchase and renews on the corresponding date of each subsequent billing period. If the corresponding date does not exist in a given month (for example, the 31st), the Subscription will renew on the last day of that month.
If a payment fails at the time of renewal (due to an expired payment method, insufficient funds, or other payment issues), the Platform may provide a grace period during which you retain access to Subscription features while the Platform attempts to collect payment. Grace periods vary by Platform:
If payment is not successfully collected during the grace period, your Subscription will be cancelled, and you will lose access to premium features and content. Krickets LLC is not responsible for any loss of access or data resulting from payment failures.
You may upgrade or downgrade your Subscription tier at any time, subject to the following terms:
Certain Subscriptions may support Family Sharing (on Apple devices) or Google Play Family Library (on Android devices), allowing members of your designated family group to access the Subscription at no additional cost. If Family Sharing is supported:
The App may display advertisements, promotional content, sponsored content, or other commercial messages from Krickets LLC or third-party advertisers. These advertisements may be targeted to you based on information stored in the App, your geographic location, or other demographic or behavioral data, subject to your privacy settings and consent preferences as described in our Privacy Policy.
You acknowledge and agree that:
Your privacy is important to us. Our collection, use, disclosure, retention, and protection of your personal information is governed by our Privacy Policy, which is incorporated into this EULA by reference. By using the App, you consent to the collection and use of your information as described in our Privacy Policy.
Key aspects of our data practices include, but are not limited to:
For complete details on our data collection, use, sharing, and protection practices, including your rights and choices regarding your personal data, please review our full Privacy Policy. You may also visit our Data Deletion page to learn how to request the deletion of your personal data.
Krickets LLC may from time to time release Updates to the App, which may include bug fixes, security patches, performance improvements, new features, content additions, user interface changes, or other modifications. Depending on your Device settings and Platform configuration, Updates may be downloaded and installed automatically without additional notice to you. You acknowledge and consent to automatic updating of the App. We recommend that you enable automatic updates to ensure you always have the latest version of the App with the most current security patches and features.
Certain Updates may be required for the continued operation of the App. If you do not install a required Update, the App may cease to function properly, certain features may become unavailable, and your access to the Services may be limited or restricted. Krickets LLC shall not be liable for any loss of functionality, data, or access resulting from your failure to install a required Update. By continuing to use the App, you agree to accept and install all required Updates.
Krickets LLC reserves the right to add, modify, alter, enhance, suspend, or remove any features, functionalities, content, or Services within the App at any time, with or without prior notice, in our sole discretion. We may make changes for any reason, including but not limited to improving user experience, complying with legal requirements, addressing security concerns, responding to market conditions, or for any other business or technical reason. You acknowledge that the App may change over time and that certain features you previously used or relied upon may be modified or discontinued.
Krickets LLC reserves the right to discontinue the App or any of its Services, in whole or in part, temporarily or permanently, at any time and for any reason, with or without prior notice to you. In the event of a permanent discontinuation, we will make reasonable efforts to provide advance notice where practicable. Upon discontinuation, this license will automatically terminate, and you must cease all use of the App and delete all copies from your Devices. Krickets LLC shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App or any of its Services.
The App requires a compatible operating system to function properly. Minimum operating system requirements vary by App and are subject to change over time. As of the last update date of this EULA, our Apps generally require:
Krickets LLC reserves the right to increase minimum operating system requirements at any time. We will endeavor to provide reasonable notice of any changes to minimum requirements. You are responsible for ensuring your Device meets all minimum system requirements.
Certain features and functionalities of the App may require an active internet connection (Wi-Fi, cellular data, or other network connection). Features that may require internet connectivity include, but are not limited to:
You are solely responsible for any charges incurred by your mobile carrier or internet service provider in connection with your use of the App, including data usage fees, roaming charges, and overage fees. Krickets LLC shall not be liable for any costs associated with your internet or data usage.
The App requires a certain amount of available storage space on your Device for initial installation and ongoing operation. Storage requirements may increase over time due to Updates, cached data, downloaded content, User Content, and offline data. You are responsible for ensuring that your Device has sufficient available storage space. Insufficient storage may result in degraded performance, installation failures, data loss, or inability to use certain features.
The App is designed to operate on specific Device types and models. Not all Devices may be compatible with the App, even if the Device meets the minimum operating system requirements. Compatibility information is available on the App's listing page on the applicable Platform. Krickets LLC does not guarantee that the App will function on all Devices and is not responsible for any issues arising from the use of the App on incompatible or unsupported Devices, including Devices that have been jailbroken, rooted, or otherwise modified from their factory configuration.
The App may integrate with, link to, or otherwise interact with Third-Party Services, including but not limited to social media platforms, cloud storage providers, payment processors, analytics services, advertising networks, map and location services, authentication providers, and other third-party APIs and SDKs. You acknowledge and agree that:
The App may incorporate open source software components that are subject to their own license terms. To the extent any open source software license terms conflict with this EULA, the open source license terms shall govern solely with respect to the applicable open source software component. A list of open source components and their respective licenses may be available within the App's settings, documentation, or upon written request to Krickets LLC. Nothing in this EULA limits your rights under, or grants you rights that supersede, the terms of any applicable open source software license.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL RELATED SERVICES, CONTENT, FEATURES, FUNCTIONALITIES, VIRTUAL ITEMS, AND MATERIALS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
KRICKETS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP IS AT YOUR OWN RISK AND DISCRETION. NO ADVICE, INFORMATION, OR STATEMENT, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KRICKETS LLC, ITS EMPLOYEES, OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS EULA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KRICKETS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY OF THE FOLLOWING, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KRICKETS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF KRICKETS LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, ARISING FROM OR RELATING TO THIS EULA, YOUR USE OF THE APP, OR ANY RELATED SERVICES, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO KRICKETS LLC (NOT INCLUDING AMOUNTS PAID TO PLATFORM PROVIDERS) FOR THE APP DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM GIVING RISE TO LIABILITY; OR (B) FIFTY UNITED STATES DOLLARS ($50.00 USD).
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KRICKETS LLC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF KRICKETS LLC SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Krickets LLC and its officers, directors, employees, agents, affiliates, licensors, service providers, contractors, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, suits, proceedings, investigations, liabilities, damages, losses, costs, and expenses (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and settlement amounts) arising out of, relating to, or in connection with:
Krickets LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate fully with our defense of such claims. You agree not to settle any matter subject to this indemnification without the prior written consent of Krickets LLC. This indemnification obligation shall survive the termination of this EULA and your use of the App.
This EULA is effective as of the Effective Date (the date you first download, install, access, or use the App) and shall remain in full force and effect until terminated by either you or Krickets LLC in accordance with the provisions of this Section 19. The license granted under this EULA is coterminous with the effectiveness of this EULA.
You may terminate this EULA and the license granted hereunder at any time by:
Please note that termination of this EULA does not automatically cancel any active Subscriptions. You must separately cancel any Subscriptions through the applicable Platform as described in Section 9.4 to avoid continued charges.
Krickets LLC may terminate this EULA and revoke the license granted hereunder, in whole or in part, at any time, with or without cause, and with or without prior notice to you. Without limiting the foregoing, Krickets LLC may terminate or suspend your access to the App immediately if:
Upon termination of this EULA for any reason:
The following sections of this EULA shall survive any termination or expiration of this Agreement and shall continue to bind the parties: Section 2 (Definitions), Section 5 (License Restrictions), Section 6 (Intellectual Property), Section 8 (User Content and Data), Section 9.6 (Virtual Items and Currencies), Section 16 (Disclaimer of Warranties), Section 17 (Limitation of Liability), Section 18 (Indemnification), Section 19.4 (Effect of Termination), Section 19.5 (Survival), Section 22 (Export Compliance), Section 24 (Governing Law and Dispute Resolution), Section 25 (Severability), Section 26 (Entire Agreement), and Section 27 (Contact Information), as well as any other provisions that by their nature should survive termination.
The following additional terms and conditions apply to the extent you have downloaded the App from the Apple App Store and are using the App on an Apple-branded device (iPhone, iPad, iPod touch, Apple Watch, Apple TV, Mac, or Vision Pro):
The following additional terms and conditions apply to the extent you have downloaded the App from the Google Play Store and are using the App on an Android-powered device:
You acknowledge and agree that the App may be subject to export control and sanctions laws and regulations of the United States and other jurisdictions, including but not limited to the Export Administration Regulations (EAR) maintained by the U.S. Department of Commerce, Bureau of Industry and Security, trade and economic sanctions maintained by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations (ITAR) maintained by the U.S. Department of State.
You represent and warrant that:
If you are a U.S. Government end user, the App is a "Commercial Item" as that term is defined at 48 C.F.R. Section 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. Section 12.212 or 48 C.F.R. Section 227.7202, as applicable. Consistent with 48 C.F.R. Section 12.212 and 48 C.F.R. Sections 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions of this EULA. Unpublished rights are reserved under the copyright laws of the United States. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.
This EULA and any dispute, claim, or controversy arising out of or relating to this EULA, the App, or the Services (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the United States, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.
Before initiating any formal legal proceeding, you agree to first contact Krickets LLC at ceo@kricketsllc.com and attempt to resolve any dispute, claim, or controversy informally. Both parties agree to negotiate in good faith for a minimum period of sixty (60) days from the date of the initial dispute notification before commencing any formal dispute resolution proceedings.
If the dispute cannot be resolved through informal negotiation within the sixty (60) day period, you agree that any dispute, claim, or controversy arising out of or relating to this EULA or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved through final and binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules then in effect. The arbitration shall be conducted by a single neutral arbitrator. The arbitrator's decision shall be final and binding, and judgment on the award rendered may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND KRICKETS LLC EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU AND KRICKETS LLC EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING. If for any reason a claim proceeds in court rather than in arbitration, both you and Krickets LLC waive any right to a jury trial.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other Intellectual Property rights. Additionally, claims within the jurisdiction of a small claims court may be brought in such court.
If any provision, clause, or part thereof of this EULA is found to be unlawful, void, invalid, or unenforceable under applicable law by a court of competent jurisdiction or arbitrator, that provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent of the parties. If such modification is not possible, the provision shall be severed from this EULA. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of this EULA, and all remaining provisions shall continue in full force and effect. The parties agree that the court or arbitrator shall have the authority to reform any invalid or unenforceable provision to reflect the parties' original intent as closely as possible.
This EULA, together with the Privacy Policy, Terms of Service, Cookie Policy, Acceptable Use Policy, and any other policies or agreements referenced herein or agreed to by you in connection with your use of the App (including any applicable Subscription terms, commercial license agreements, or supplemental terms presented within the App), constitutes the entire agreement between you and Krickets LLC with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, negotiations, representations, warranties, commitments, proposals, agreements, and communications, whether oral or written, between the parties regarding such subject matter.
No amendment, modification, or waiver of any provision of this EULA shall be effective unless it is in writing and signed or otherwise formally adopted by Krickets LLC. No failure or delay by Krickets LLC in exercising any right, power, or remedy under this EULA shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof or the exercise of any other right, power, or remedy. The rights and remedies provided in this EULA are cumulative and are in addition to, and not in substitution for, any other rights or remedies available at law or in equity.
If you have any questions, concerns, comments, complaints, or requests regarding this End User License Agreement, or if you need to report a violation of this EULA, please contact us using the information below:
We will make reasonable efforts to respond to all inquiries within a reasonable timeframe. For urgent matters related to account security, unauthorized access, or data breaches, please include "URGENT" in the subject line of your email.