Home / Legal

End User License Agreement

Last updated: April 6, 2026

1. Agreement Overview

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.

2. Definitions

For the purposes of this End User License Agreement, the following terms shall have the meanings set forth below:

  • "Licensor" means Krickets LLC, the developer, owner, and publisher of the App, including its officers, directors, employees, agents, successors, and assigns.
  • "Licensee" (also referred to as "User," "you," or "your") means the individual person or legal entity that downloads, installs, accesses, or uses the App under the terms of this Agreement.
  • "App" or "Application" means any and all mobile software applications developed and published by Krickets LLC, including all associated files, libraries, frameworks, documentation, updates, upgrades, patches, hotfixes, and supplementary materials provided by the Licensor.
  • "Content" means all text, graphics, images, photographs, illustrations, icons, audio clips, video clips, animations, data compilations, software code, user interfaces, visual interfaces, interactive features, trademarks, logos, and any other materials or information made available through or in connection with the App.
  • "User Content" means any content, data, information, text, images, photographs, audio, video, or other materials that a User creates, uploads, submits, posts, transmits, or otherwise makes available through the App.
  • "Device" means any mobile phone, smartphone, tablet, wearable device (including but not limited to Apple Watch, Wear OS devices), smart television (including but not limited to Apple TV, Android TV), desktop computer, laptop, or any other electronic device on which the App is designed to operate and on which you install or access the App.
  • "Platform" means the digital distribution platform through which the App is distributed, including but not limited to the Apple App Store (operated by Apple Inc.) and the Google Play Store (operated by Google LLC).
  • "Services" means any and all services, features, functionalities, APIs, server-side components, cloud-based services, backend systems, and online or offline capabilities provided by or through the App.
  • "Subscription" means a recurring payment plan that grants you access to premium features, content, or Services within the App for a specified billing period (e.g., weekly, monthly, quarterly, semi-annually, or annually).
  • "In-App Purchase" means a one-time or consumable purchase made within the App that unlocks additional features, content, virtual items, virtual currencies, or other digital goods.
  • "Virtual Items" means any virtual goods, virtual currencies, tokens, points, credits, digital collectibles, or other digital items that may be earned, purchased, or otherwise obtained within the App.
  • "Third-Party Services" means any products, services, websites, platforms, APIs, SDKs, content, or resources provided by parties other than Krickets LLC that may be accessed through, integrated with, or linked from the App.
  • "Intellectual Property" means all patents, patent applications, trademarks, service marks, trade names, trade dress, copyrights, trade secrets, know-how, proprietary rights, moral rights, and any other intellectual property rights recognized in any country or jurisdiction in the world.
  • "Effective Date" means the date on which you first download, install, access, or use the App, whichever occurs earliest.
  • "Update" means any modification, patch, hotfix, bug fix, security update, feature enhancement, version upgrade, or other change to the App released by the Licensor after the Effective Date.
  • "Account" means the personal user account you create within the App to access certain features and Services, identified by your credentials (such as username and password, or third-party authentication).
  • "Confidential Information" means any non-public information disclosed by the Licensor in connection with the App, including but not limited to source code, algorithms, business processes, technical specifications, and proprietary methodologies.

3. License Grant

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:

  • Limited License: This license does not grant you any ownership interest in the App or any of its components. The App is licensed, not sold. Krickets LLC and its licensors retain all right, title, and interest in and to the App, including all associated Intellectual Property rights. No rights are granted to you other than those expressly set forth in this Agreement.
  • Non-Exclusive License: This license is non-exclusive, meaning that Krickets LLC retains the right to grant licenses to the App to any other party and to use, modify, distribute, and exploit the App in any manner it sees fit.
  • Non-Transferable License: You may not transfer, assign, sublicense, pledge, or otherwise dispose of this license or any rights granted hereunder to any third party, whether by operation of law or otherwise, without the prior written consent of Krickets LLC. Any attempted transfer in violation of this provision shall be null and void.
  • Revocable License: Krickets LLC reserves the right to revoke this license at any time, with or without cause, and with or without prior notice, in its sole discretion. Upon revocation, you must immediately cease all use of the App and delete all copies from your Devices.
  • Personal Use: Unless you have obtained a separate commercial license from Krickets LLC, this license is granted solely for your personal, non-commercial use. You may not use the App for any commercial, business, professional, or revenue-generating purpose without our express written authorization.

4. License Scope and Limitations

4.1 Device and Account Scope

The scope of your license to use the App is determined by the distribution Platform and your Account configuration:

  • Single Device Installation: Where the App does not require Account creation, the license permits installation and use on a single Device at a time. You may transfer the App to a new Device provided that you remove the App from the previous Device.
  • Account-Linked Multi-Device Access: Where the App utilizes Account-based authentication, you may install and use the App on multiple Devices associated with your Account, subject to any limitations specified within the App or your Subscription plan. Simultaneous active sessions may be limited based on your plan tier.
  • Apple Device Family Sharing: If you have obtained the App through the Apple App Store and the App supports Family Sharing, members of your Apple Family Sharing group may access the App in accordance with Apple's Family Sharing terms and conditions. In-App Purchases and Subscriptions may or may not be sharable depending on configuration.
  • Google Play Family Library: If you have obtained the App through the Google Play Store and the App supports Google Play Family Library, members of your family group may access the App in accordance with Google's Family Library terms and conditions.

4.2 Personal Non-Commercial Use

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:

  • Using the App to provide services to third parties, whether for compensation or otherwise
  • Incorporating the App or any of its components into a commercial product or service
  • Using the App for the benefit of any business, organization, or entity
  • Using output, data, or results generated by the App for commercial gain
  • Charging others for access to or use of the App or any content generated through it

4.3 No Redistribution

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.

5. License Restrictions

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:

5.1 No Reverse Engineering, Decompilation, or Disassembly

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.

5.2 No Modification or Derivative Works

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.

5.3 No Selling, Renting, Leasing, Lending, or Sublicensing

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.

5.4 No Removing Proprietary Notices

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.

5.5 No Circumventing Security Features

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.

5.6 No Automated Access

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.

5.7 No Use for Competing Products

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.

5.8 No Benchmarking Without Consent

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.

5.9 Additional Restrictions

You shall not:

  • Use the App for any purpose that is unlawful, fraudulent, deceptive, harmful, or prohibited by this EULA, applicable law, or the policies of the applicable Platform
  • Use the App to transmit, distribute, or store any material that contains viruses, Trojan horses, worms, logic bombs, ransomware, spyware, adware, keystroke loggers, or any other malicious or harmful code
  • Use the App to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party
  • Use the App to collect, store, process, or transmit any personally identifiable information of other users without their explicit consent and in compliance with all applicable privacy laws
  • Impersonate any person, entity, or organization, or falsely state or otherwise misrepresent your affiliation with any person, entity, or organization, through the App
  • Frame, mirror, or otherwise simulate the appearance or functionality of the App on any other platform, website, or application
  • Introduce or inject any advertising, promotional materials, spam, or unsolicited communications into the App
  • Exploit any errors, bugs, glitches, vulnerabilities, or design flaws in the App for unintended purposes, or fail to report any such issues to Krickets LLC promptly upon discovery
  • Use the App in any manner that could damage, disable, overburden, or impair the functioning of our servers, networks, systems, or infrastructure
  • Interfere with or disrupt the integrity or performance of the App or the data contained therein
  • Attempt to probe, scan, or test the vulnerability of the App or any related system or network, or breach any security or authentication measures

6. Intellectual Property

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:

  • The App's source code, object code, executable code, bytecode, compiled code, and all associated files, libraries, and frameworks
  • The App's user interface design, visual design, layout, color schemes, typography, icons, graphics, illustrations, animations, and all other visual elements
  • The App's audio elements, including sound effects, music, voice recordings, and audio cues
  • The App's text content, documentation, help files, tutorials, and in-app messaging
  • The App's databases, data structures, data models, algorithms, and business logic
  • The App's APIs, protocols, communication interfaces, and integration points
  • The "Krickets," "Krickets LLC," and all related names, logos, slogans, taglines, product names, service names, and domain names, which are trademarks and/or service marks of Krickets LLC
  • All improvements, enhancements, modifications, derivative works, compilations, and collections incorporating any of the foregoing

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.

7. User Accounts

7.1 Account Creation

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.

7.2 Account Security

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:

  • Create a strong, unique password that is not used for any other service or application
  • Enable two-factor authentication (2FA) or multi-factor authentication (MFA) where available
  • Not share your Account credentials with any third party
  • Not allow any other person to access or use your Account
  • Immediately notify Krickets LLC at ceo@kricketsllc.com of any unauthorized access to or use of your Account, or any other breach of security
  • Log out of your Account at the end of each session, especially on shared or public Devices

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.

7.3 Account Termination

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:

  • Breach or violation of any term or condition of this EULA
  • Providing false, inaccurate, or misleading information during registration or at any time thereafter
  • Engaging in conduct that is harmful to other users, Krickets LLC, or third parties
  • Extended period of Account inactivity (twelve (12) months or more)
  • Request by law enforcement or other government agencies
  • Unexpected technical or security issues
  • Discontinuation of the App or any of its Services

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.

8. User Content and Data

8.1 Ownership of User Content

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.

8.2 License Grant for App Operation

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.

8.3 Content Standards and Prohibited Content

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:

  • Infringe, misappropriate, or violate any third party's patent, copyright, trademark, trade secret, moral rights, or any other Intellectual Property rights
  • Violate any third party's rights of privacy, publicity, or any other personal or proprietary rights
  • Contain any material that is defamatory, libelous, slanderous, obscene, pornographic, sexually explicit, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, or misleading
  • Promote violence, discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
  • Promote illegal or harmful activities, including the use of illegal substances, unauthorized access to computer systems, or any form of exploitation
  • Contain any viruses, corrupted data, malware, or other harmful, disruptive, or destructive files or code
  • Impersonate any person or entity, or falsely represent your identity or affiliation
  • Violate any applicable federal, state, local, or international law, rule, or regulation
  • Contain commercial solicitations, advertising, or promotional materials without our prior written consent
  • Contain content that targets, exploits, or endangers minors in any way

8.4 Right to Remove Content

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.

9. In-App Purchases and Subscriptions

9.1 Payment Processing

All In-App Purchases and Subscriptions made within the App are processed through the applicable Platform provider:

  • Apple App Store: Purchases made on iOS, iPadOS, macOS, watchOS, and tvOS devices are processed by Apple Inc. through the App Store and are subject to Apple's Terms and Conditions.
  • Google Play Store: Purchases made on Android devices are processed by Google LLC through Google Play and are subject to the Google Play Terms of Service.

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.

9.2 Auto-Renewal Terms

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.

9.3 Free Trial Conversion

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.

9.4 Cancellation

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):

  1. Open the Settings app on your Device
  2. Tap your name (Apple ID) at the top of the screen
  3. Tap Subscriptions
  4. Select the Krickets LLC app Subscription you wish to cancel
  5. Tap Cancel Subscription
  6. Confirm the cancellation when prompted

On Android:

  1. Open the Google Play Store app on your Device
  2. Tap your profile icon in the upper-right corner
  3. Tap Payments & subscriptions
  4. Tap Subscriptions
  5. Select the Krickets LLC app Subscription you wish to cancel
  6. Tap Cancel subscription
  7. Follow the on-screen instructions to confirm the cancellation

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.

9.5 Refunds

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:

  • Apple App Store Refunds: Visit reportaproblem.apple.com or contact Apple Support to request a refund in accordance with Apple's refund policy.
  • Google Play Store Refunds: Visit the Google Play Store and navigate to your order history, or contact Google Play Support to request a refund in accordance with Google's refund policy.

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.

9.6 Virtual Items and Currencies

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:

  • Virtual Items have no real-world monetary value and cannot be exchanged for legal tender, real currency, real goods, or real services from Krickets LLC or any third party
  • Virtual Items are non-transferable and may not be sold, traded, gifted, bequeathed, or otherwise transferred to any other user or third party, whether for consideration or otherwise
  • Virtual Items are licensed to you under this EULA and are not your personal property. You do not acquire any ownership interest in Virtual Items
  • Krickets LLC reserves the right to manage, regulate, control, modify, adjust, or eliminate Virtual Items at its sole discretion, without liability or obligation to you
  • Virtual Items may expire, be consumed, or otherwise become unavailable according to the rules and mechanics of the App
  • In the event of Account termination (whether by you or by us), you will forfeit all Virtual Items associated with your Account, and no refund or compensation will be provided
  • Krickets LLC assumes no responsibility for any loss of Virtual Items due to technical issues, Account termination, or discontinuation of the App

10. Subscription Specific Terms

10.1 Billing Cycles

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.

10.2 Grace Periods

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:

  • Apple App Store: Apple may provide a grace period of up to sixteen (16) days for annual Subscriptions and six (6) days for other billing cycles during which Apple will attempt to collect the renewal payment.
  • Google Play Store: Google may provide a grace period of up to thirty (30) days during which Google will attempt to collect the renewal payment. The specific grace period duration may vary.

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.

10.3 Downgrade and Upgrade Terms

You may upgrade or downgrade your Subscription tier at any time, subject to the following terms:

  • Upgrades: When you upgrade to a higher-tier Subscription, the upgrade may take effect immediately. You may be charged a prorated amount for the remainder of your current billing period, or the full price of the new Subscription tier at the next billing cycle, depending on the Platform's billing practices.
  • Downgrades: When you downgrade to a lower-tier Subscription, the downgrade will typically take effect at the end of your current billing period. You will retain access to higher-tier features until the end of the current billing period, after which your access will be adjusted to reflect the lower-tier Subscription.
  • Feature Access: Downgrading your Subscription may result in the loss of access to certain features, content, storage capacity, or data associated with the higher-tier Subscription. Krickets LLC is not responsible for any loss of data or content resulting from a downgrade.

10.4 Family Sharing

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 family organizer or primary account holder is responsible for all charges associated with the Subscription
  • Family members will have access to Subscription features as determined by the App and the Platform's family sharing policies
  • Individual family members' data, preferences, and Account information remain separate and private
  • Cancellation of the Subscription by the organizer will affect all family members' access
  • Not all In-App Purchases or Virtual Items are shareable through Family Sharing

11. Advertisements and Third-Party Content

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:

  • Krickets LLC may display advertisements within the App, including banner ads, interstitial ads, native ads, rewarded video ads, and other advertising formats
  • Third-party advertisers may collect certain information about you and your Device when you interact with their advertisements, subject to their respective privacy policies
  • Krickets LLC is not responsible for the content, accuracy, legality, or availability of any third-party advertisements, products, or services advertised within the App
  • Your interactions with third-party advertisers, including any purchases you make or any terms, conditions, warranties, or representations associated with such interactions, are solely between you and the third-party advertiser
  • Krickets LLC shall not be responsible or liable for any loss or damage of any kind incurred as a result of your interaction with any third-party advertisement or advertiser
  • Ad-free experiences may be available through certain Subscription tiers or In-App Purchases, where applicable

12. Privacy and Data Collection

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:

  • Collection of device information, usage analytics, crash reports, and performance data to improve the App
  • Collection of personal information you provide when creating an Account or using certain features
  • Use of third-party analytics and advertising SDKs that may collect and process certain data
  • Storage and processing of your data using cloud services and third-party service providers
  • Compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), California Privacy Rights Act (CPRA), and other applicable privacy regulations

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.

13. App Updates and Modifications

13.1 Automatic Updates

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.

13.2 Required Updates for Continued Use

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.

13.3 Feature Changes and Removal

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.

13.4 Right to Discontinue

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.

14. Technical Requirements

14.1 Minimum Operating System Versions

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:

  • iOS: iOS 16.0 or later (specific requirements may vary by App)
  • iPadOS: iPadOS 16.0 or later (where the App supports iPad)
  • watchOS: watchOS 9.0 or later (where the App supports Apple Watch)
  • tvOS: tvOS 16.0 or later (where the App supports Apple TV)
  • Android: Android 8.0 (API level 26) or later (specific requirements may vary by App)

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.

14.2 Internet Connectivity 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:

  • Account creation, authentication, and login
  • Downloading content, updates, and resources
  • Syncing data across multiple Devices
  • Accessing cloud-based features and Services
  • Making In-App Purchases and managing Subscriptions
  • Displaying advertisements
  • Sending analytics data and crash reports
  • Real-time features, notifications, and messaging

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.

14.3 Storage Requirements

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.

14.4 Compatible Devices

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.

15. Third-Party Services and Open Source

15.1 Third-Party Services

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:

  • Your use of Third-Party Services is subject to the respective third party's terms of service, privacy policy, and other applicable agreements
  • Krickets LLC does not control, endorse, sponsor, recommend, or assume any responsibility for any Third-Party Services or their content, products, services, or practices
  • Krickets LLC makes no representations or warranties regarding the availability, accuracy, quality, legality, reliability, security, or suitability of any Third-Party Services
  • Krickets LLC shall not be liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services
  • Third-Party Services may become unavailable, change their terms, or discontinue their services at any time, which may affect the functionality of the App

15.2 Open Source Software

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.

16. Disclaimer of Warranties

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:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE
  • IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT
  • WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE
  • WARRANTIES THAT THE APP WILL MEET YOUR REQUIREMENTS, EXPECTATIONS, OR NEEDS
  • WARRANTIES THAT THE APP WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE
  • WARRANTIES THAT DEFECTS IN THE APP WILL BE CORRECTED OR THAT THE APP IS FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, INFORMATION, OR RESULTS OBTAINED THROUGH THE APP
  • WARRANTIES THAT THE APP WILL BE COMPATIBLE WITH YOUR DEVICE, OPERATING SYSTEM, OR OTHER SOFTWARE
  • WARRANTIES THAT ANY DATA STORED WITHIN THE APP OR ON OUR SERVERS WILL NOT BE LOST, CORRUPTED, OR COMPROMISED

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.

17. Limitation of Liability

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:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND
  • LOSS OF PROFITS, REVENUE, BUSINESS, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS
  • LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
  • COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
  • PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE APP
  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, SYSTEMS, OR ANY PERSONAL INFORMATION STORED THEREIN
  • ANY INTERRUPTION, SUSPENSION, OR CESSATION OF TRANSMISSION TO OR FROM THE APP
  • ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, OR OTHER HARMFUL CODE THAT MAY BE TRANSMITTED TO OR THROUGH THE APP BY ANY THIRD PARTY
  • ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE APP
  • ANY LOSS OR DAMAGE ARISING FROM YOUR INTERACTION WITH THIRD-PARTY SERVICES, ADVERTISERS, OR OTHER USERS
  • ANY LOSS OR DIMINUTION IN VALUE OF VIRTUAL ITEMS OR VIRTUAL CURRENCIES
  • ANY DAMAGE TO YOUR DEVICE, INCLUDING BUT NOT LIMITED TO DAMAGE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR COMPUTER VIRUS

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.

18. Indemnification

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:

  • Your access to, use of, or misuse of the App or any related Services
  • Your User Content, including any claims that your User Content infringes, misappropriates, or violates any third party's Intellectual Property rights, privacy rights, publicity rights, or other proprietary rights
  • Your violation of any term, condition, representation, or warranty of this EULA
  • Your violation of any applicable law, rule, regulation, ordinance, or order
  • Your violation of the rights of any third party, including other users of the App
  • Your negligent, reckless, or willful misconduct
  • Any dispute or issue between you and any third party arising from your use of the App
  • Any unauthorized use of your Account by any person, whether or not authorized by you

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.

19. Term and Termination

19.1 Effective Period

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.

19.2 User Termination

You may terminate this EULA and the license granted hereunder at any time by:

  • Uninstalling and deleting the App and all copies thereof from all of your Devices
  • Deleting your Account (if applicable) through the Account settings within the App or by contacting us at ceo@kricketsllc.com
  • Requesting data deletion through our Data Deletion page (if applicable)

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.

19.3 Company Termination

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:

  • You breach or violate any term or condition of this EULA
  • You engage in any activity that is fraudulent, abusive, illegal, or harmful
  • You fail to pay any amounts owed in connection with the App or any Subscription
  • We are required to do so by law, legal process, or government order
  • The provision of the App to you becomes unlawful or commercially impracticable
  • We discontinue the App or cease business operations
  • We reasonably believe that your continued use of the App poses a security risk

19.4 Effect of Termination

Upon termination of this EULA for any reason:

  • All rights and licenses granted to you under this EULA shall immediately cease and terminate
  • You must immediately cease all use of the App and delete all copies of the App from your Devices
  • Your Account may be deactivated or deleted, and you may lose access to all data, User Content, Virtual Items, preferences, and settings associated with your Account
  • Any outstanding payment obligations shall remain due and payable
  • Krickets LLC shall have no obligation to maintain or provide access to any data, User Content, or Account information following termination
  • Krickets LLC may, but is not obligated to, delete your User Content and associated data from its systems, subject to our data retention practices as described in our Privacy Policy

19.5 Survival

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.

20. Apple App Store Additional Terms

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):

  • EULA Parties: You acknowledge and agree that this EULA is entered into between you and Krickets LLC only, and not with Apple Inc. ("Apple"). Krickets LLC, not Apple, is solely responsible for the App and the Content thereof. This EULA may not provide for usage rules that are less restrictive than the Apple Media Services Terms and Conditions as of the Effective Date (which you acknowledge you have had the opportunity to review).
  • No Apple Obligation for Maintenance or Support: You acknowledge that Apple has no obligation whatsoever to furnish any maintenance, technical support, or support services with respect to the App. Any requests for maintenance or support should be directed to Krickets LLC at ceo@kricketsllc.com.
  • Apple Warranty Disclaimer: In the event of any failure of the App to conform to any applicable warranty (including those set forth in this EULA or implied by applicable law), you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Krickets LLC's sole responsibility.
  • Apple Not Responsible for Claims: You acknowledge and agree that Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the App's use of HealthKit and HomeKit frameworks, if applicable. Any such claims shall be the sole responsibility of Krickets LLC.
  • Intellectual Property Claims: You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Krickets LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this EULA.
  • Apple as Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.
  • Apple Compliance Requirements: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You further agree to comply with all applicable third-party terms of agreement when using the App (e.g., you must not be in violation of your wireless data service agreement when using the App).

21. Google Play Store Additional Terms

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:

  • EULA Parties: You acknowledge and agree that this EULA is entered into between you and Krickets LLC only, and not with Google LLC ("Google") or any of its affiliates, including Alphabet Inc. Krickets LLC, not Google, is solely responsible for the App, its Content, and any Services provided through it. Google is not a party to this EULA and has no responsibility or liability for the App.
  • Google Not Responsible: You acknowledge that Google has no responsibility or liability for: (i) the App, its Content, or any Services associated with it; (ii) any claims relating to the App, including product liability claims, claims that the App fails to conform to applicable legal or regulatory requirements, and claims arising under consumer protection or similar legislation; (iii) any intellectual property infringement claims related to the App; (iv) any maintenance, technical support, or customer service for the App; or (v) any warranties, whether express or implied, with respect to the App. All such matters are the sole responsibility of Krickets LLC.
  • Google Play Terms of Service Compliance: Your use of the App must comply with the current Google Play Store Terms of Service, including the Google Play Terms of Service available at https://play.google.com/about/play-terms/. In the event of any conflict between this EULA and the Google Play Terms of Service, the Google Play Terms of Service shall take precedence with respect to your use of the Google Play Store.
  • Google Play Licensing: The App may use the Google Play Licensing service to verify that you have obtained a valid license for the App. You agree not to circumvent, disable, or interfere with this licensing verification mechanism.
  • Google Play Policies: The App has been developed and distributed in compliance with the Google Play Developer Program Policies and the Google Play Developer Distribution Agreement. You agree to use the App in a manner consistent with these policies.

22. Export Compliance

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:

  • You are not located in, under the control of, or a national or resident of any country or territory that is subject to a U.S. Government embargo or trade sanctions (currently including, without limitation, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine)
  • You are not identified on any U.S. Government restricted party list, including but not limited to the Specially Designated Nationals and Blocked Persons List (SDN List) maintained by OFAC, the Entity List, Denied Persons List, or Unverified List maintained by the Bureau of Industry and Security, or any other applicable government restricted party list
  • You will not export, re-export, transfer, or otherwise make available the App or any related technical data or materials, directly or indirectly, in violation of any applicable export control laws or regulations
  • You will not use the App for any purposes prohibited by applicable export control laws, including but not limited to the development, design, manufacture, or production of nuclear, chemical, or biological weapons, or missile technology

23. United States Government End Users

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.

24. Governing Law and Dispute Resolution

24.1 Governing Law

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.

24.2 Informal Dispute Resolution

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.

24.3 Binding Arbitration

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.

24.4 Class Action Waiver

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.

24.5 Exceptions

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.

25. Severability

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.

26. Entire Agreement

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.

27. Contact Information

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.

↑ Back to top