End-User License Agreement ("Agreement")
Last updated: February 19, 2025
Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading, or using the 818 Brands App.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or plural.
Definitions
For the purposes of this End-User License Agreement:
- Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.
- Application means the software program provided by the Company downloaded by You through an Application Store’s account to a Device, named 818 Brands App.
- Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been downloaded to your Device.
- Company (referred to as either “the Company”, "818", “We”, “Us” or “Our” in this Agreement) refers to 818 Brands, Inc. (or the applicable legal entity), with its principal place of business at 7100 Sophia Ave, Van Nuys, CA 91406.
- Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
- Country refers to: United States.
- Device means any device that can access the Application such as a computer, a cellphone, or a digital tablet.
- Family Sharing / Family Group permits You to share applications downloaded through the Application Store with other family members by allowing them to view and download each other’s eligible Applications to their associated Devices.
- Third-Party Services means any services or content (including data, information, applications, and other products or services) provided by a third party that may be displayed, included, or made available by the Application.
- You means the individual accessing or using the Application or the company or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
Acknowledgment
By clicking the “I Agree” button, downloading, or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the “I Agree” button, do not download, or do not use the Application.
This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.
This Agreement is between You and the Company only and not with the Application Store. Therefore, the Company is solely responsible for the Application and its content. Although the Application Store is not a party to this Agreement, it has the right to enforce it against You as a third party beneficiary relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing / Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
License
Scope of License
The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the Application Store's terms and conditions.
The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
License Restrictions
You agree not to, and You will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Application or make the Application available to any third party.
- Copy or use the Application for any purpose other than as permitted under the above section “License.”
- Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the Application.
- Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of the Company or its affiliates, partners, suppliers, or the licensors of the Application.
Content
Content Restrictions
The Company is not responsible for the entries, information, or content of the Application’s users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Spam, machine-generated content, or randomly generated content constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Content containing or installing any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Content infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, or other rights.
- Content that impersonates any person or entity, including the Company and its employees or representatives.
- Content violating the privacy of any third person.
- Content that provides false information or features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Agreement, and to refuse or remove any Content. The Company further reserves the right to modify formatting or make edits and change the manner of any Content. The Company can also limit or revoke the use of the Application if You post such objectionable Content.
As the Company cannot control all content posted by users and/or third parties on the Application, You agree to use the Application at your own risk. You understand that by using the Application, You may be exposed to content that You may find offensive, indecent, incorrect, or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Intellectual Property
The Application, including without limitation all copyrights, patents, trademarks, trade secrets, and other intellectual property rights, is and shall remain the sole and exclusive property of the Company.
The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company (and not the Application Store) shall be solely responsible for the investigation, defense, settlement, and discharge of any claim that the Application or your use of it infringes any third-party intellectual property rights.
Your Suggestions
Any feedback, comments, ideas, improvements, or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.
The Company shall be free to use, copy, modify, publish, or redistribute such Suggestions for any purpose and in any manner without any credit or compensation to You.
Modifications to the Application
818 Brands reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.
Updates to the Application
818 Brands may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.
You further agree that all Updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.
Maintenance and Support
818 Brands does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company (and not the Application Store) shall be obligated to furnish such maintenance or support.
Third-Party Services
The Application may display, include, or make available third-party content (including data, information, applications, and other products or services) or provide links to third-party websites or services.
You acknowledge and agree that the Company shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume, and shall not have, any liability or responsibility to You or any other person or entity for any Third-Party Services.
You must comply with applicable third parties’ terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Privacy Policy
The Company collects, stores, maintains, and shares information about You in accordance with Our Privacy Policy, which is available at:
By accepting this Agreement, You acknowledge that You agree and consent to the terms and conditions of Our Privacy Policy.
Term and Termination
This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.
Termination of this Agreement will not limit any of the Company’s rights or remedies at law or in equity in the event of your breach of any of your obligations under this Agreement.
Indemnification
You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to your:
(a) use of the Application;
(b) violation of this Agreement or any law or regulation; or
(c) violation of any rights of a third party.
No Warranties
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, as well as any warranties that may arise out of course of dealing, course of performance, usage, or trade practice. Without limitation to the foregoing, the Company makes no warranty or undertaking, and does not represent or warrant, that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company (and not the Application Store) shall be solely responsible for such warranty.