Terms of Service

Welcome to Marcus AI: Habit Tracker (“Marcus AI”), operated by Trail Worm LLC (“Company,” “we,” “our,” or “us”). These Terms of Service (“Terms”) govern your access to and use of Marcus AI and related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you agree to be bound by these Terms, our Privacy Policy, and our AI Safety & Chatbot Disclaimer. If you do not agree to these Terms, you may not use the Service.

1. Description of the Service

Marcus AI is a habit-tracking application that uses artificial intelligence to facilitate conversations about philosophy, personal habits, productivity, and self-improvement. The Service includes AI-generated characters inspired by historical philosophers — Socrates, Aristotle, Marcus Aurelius, Epictetus, Siddhartha Gautama, Seneca, Confucius, and René Descartes — that engage you in reflective discussions, propose habits, edit habits at your direction, and log check-ins on your behalf when you confirm.

The AI characters are fictional software personas. They are not real people, historical recreations, scholarly representations, licensed professionals, or human operators. All responses are generated automatically by machine learning systems operated by OpenAI on our behalf.

The Service is intended for informational, educational, and reflective purposes only.

1.1 Free and Paid Features

Habit tracking, check-ins, streaks, and notification reminders are available to all users at no cost.

The AI chatbot and the analytics dashboard are premium features. Non-subscribers receive a limited free preview of the chatbot:

• Up to 3 chat messages per day, on up to 3 distinct days of your choosing (a maximum of 9 free chat messages over the lifetime of the account).
• The free preview is limited to the Marcus Aurelius persona only. The other seven philosophers are available to subscribers.
• The introductory onboarding chat shown to new users is exempt from the free-tier quota.

Subscribers receive unlimited chat messages, access to all eight philosophers, and the analytics dashboard.

1.2 Service Limits

To maintain Service performance, the following limits apply to all users:

• A maximum of 500 active conversations per account. Archiving an existing conversation frees a slot.
• A maximum of 2,000 total conversations per account (active plus archived). Deleting an archived conversation frees a slot.
• A maximum of 10 active habits per non-subscriber account. Subscribers may create more (subject to reasonable use).
• Per-account rate limits on chat, voice transcription, and conversation creation, applied server-side.

We may adjust these limits with notice as the Service evolves.

2. Eligibility and Age Requirements

The Service is intended only for adults. To use the Service, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction, if higher).
• Have the legal capacity to enter into a binding agreement.
• Provide accurate and complete account information.

The Service is not directed to, and is not intended for use by, anyone under the age of 18. By creating an account or using the Service, you represent and warrant that you are at least 18 years old.

We do not knowingly collect personal information from children under the age of 13 in violation of the Children’s Online Privacy Protection Act (“COPPA”), and we do not knowingly allow anyone under the age of 18 to create an account. If we become aware that an account belongs to a person under 18, we will terminate the account and delete the associated data promptly.

If you are a parent or guardian and believe a minor has registered for the Service, please contact us at info@trailworm.com.

3. User Accounts

You may be required to create an account to access certain features.

You agree to:

• Provide accurate and current account information.
• Maintain the confidentiality and security of your login credentials.
• Notify us immediately of any unauthorized use of your account.
• Not create more than one account per person, and not create an account on behalf of another person without their authority.

You are responsible for all activity that occurs under your account. The Company is not liable for any loss or damage resulting from unauthorized access caused by your failure to safeguard your credentials.

4. AI-Generated Content Disclaimer

The Service uses artificial intelligence systems to generate responses based on your inputs. You acknowledge and agree that:

• AI-generated responses are produced automatically by machine learning models.
• Responses may be inaccurate, incomplete, outdated, biased, or misleading.
• AI systems can “hallucinate” — that is, generate confident-sounding statements that are factually wrong. This is a known limitation of large language models and cannot be fully eliminated.
• The AI’s underlying model has a knowledge cutoff date; events, scientific findings, laws, or other information after that date may be unknown to it.
• AI outputs do not represent the views, opinions, or endorsements of the Company.
• The Company does not guarantee the correctness, reliability, completeness, or usefulness of any AI-generated content.

You are solely responsible for evaluating and independently verifying any information provided by the Service before acting on it.

5. Not Professional Advice — No Professional Relationship

THE SERVICE DOES NOT PROVIDE PROFESSIONAL ADVICE OF ANY KIND.

Content generated by the Service is not intended to substitute for professional consultation or advice, including but not limited to:

• Medical advice, diagnosis, or treatment.
• Mental health counseling, psychotherapy, or psychological treatment.
• Legal advice, representation, or legal strategy.
• Financial, investment, or tax advice.
• Professional coaching, mentoring, or therapy.

The AI characters are fictional software personas. They are not licensed professionals, certified counselors, therapists, doctors, lawyers, or financial advisors. They do not possess human judgment, personal awareness, professional credentials, or the ability to evaluate your individual circumstances.

Your interaction with the Service does not create any professional, therapeutic, fiduciary, advisory, or confidential relationship between you and the Company. No therapist–patient, doctor–patient, attorney–client, financial-advisor, coaching, or mentoring relationship is established.

Any decisions you make based on Service content are your sole responsibility. You should consult a qualified, licensed professional for advice regarding your specific circumstances.

6. Mental Health and Crisis Situations

THE SERVICE IS NOT DESIGNED FOR CRISIS INTERVENTION, EMERGENCY ASSISTANCE, OR MENTAL HEALTH TREATMENT.

If you are experiencing a medical emergency, mental health crisis, thoughts of self-harm or suicide, or any situation requiring immediate assistance, contact a real-world resource:

• Call 911 (or your local emergency number) for any immediate emergency.
• Call or text 988 to reach the 988 Suicide & Crisis Lifeline (United States, 24/7).
• Text HOME to 741741 to reach the Crisis Text Line (24/7).
• Contact a licensed mental health professional in your area.

The chatbot is configured with a safety protocol: when it detects content suggesting suicidal ideation, self-harm, or acute crisis, it is instructed to refer you to crisis resources rather than continue a normal conversation. This is a baseline safety measure consistent with California Senate Bill 243 (the “Companion Chatbot Law”) and the EU Artificial Intelligence Act, and is not a substitute for emergency services. The chatbot cannot detect emergencies reliably, cannot assess clinical risk, and cannot contact emergency services on your behalf.

Do not use the Service as your sole source of support during periods of severe emotional distress.

7. AI Data Processing and Third-Party Technology

To generate philosopher responses, the Service transmits the following information to OpenAI (our third-party AI provider):

• Your chat messages and prompts.
• The last several messages in the current conversation, plus brief summaries of recent prior conversations, to maintain context.
• Habit information relevant to the conversation: habit names, goals, scheduled days, reminder times, current and longest streaks, and recent check-in records.
• Up to 50 personal facts the AI has inferred about you across prior conversations (the “memory facts”).
• A short identity profile (the “stable identity”) containing values, motivations, and goals the AI has inferred about you.
• For voice messages, the recorded audio (sent to the OpenAI Whisper transcription endpoint).

Data handling commitments from OpenAI, as published by OpenAI at the time of writing:

• API inputs and outputs are not used to train OpenAI’s models.
• API data may be retained by OpenAI for up to 30 days for abuse and misuse monitoring, then deleted.

Habit data is encrypted at rest in our database (see Privacy Policy §4) using AES-256-GCM. The encryption guarantee protects against database breach but does not prevent OpenAI from receiving habit content as part of conversation context.

By using the AI chatbot, you expressly consent to the transmission of the data described above to OpenAI for the purpose of generating responses. If you do not consent to this transmission, do not use the AI chatbot. You can use the habit-tracking features of the Service without ever interacting with the chatbot.

You should avoid submitting health records, financial account numbers, government identifiers, or personal information about other individuals within chatbot conversations.

For details on every category of data we collect, every third party we share it with, and how long we retain it, see our Privacy Policy.

8. User Content

You may submit text, voice recordings, and other content to the Service (“User Content”). You retain ownership of your User Content.

By submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, non-sublicensable license to process, store, analyze, transmit, and display your User Content solely for the purpose of operating the Service for you, and to share your User Content with the subprocessors identified in our Privacy Policy strictly to the extent required to provide the Service. This license terminates when the User Content is deleted.

You represent and warrant that:

• You have the right to submit any content you provide.
• Your content does not violate any applicable law, regulation, or third-party right.
• Your content does not contain personal information of other individuals submitted without their consent.

9. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or legal obligation.
• Harass, abuse, threaten, stalk, or intimidate any person.
• Generate, distribute, or promote harmful, illegal, defamatory, or deceptive content.
• Impersonate another person or entity, or impersonate the AI characters outside the Service.
• Submit confidential or proprietary information belonging to third parties, or personal information of other individuals without their consent.
• Reverse engineer, decompile, disassemble, or exploit the Service or its underlying technology.
• Manipulate, jailbreak, or attempt to circumvent the safety features of the AI system, including the crisis-referral protocol.
• Interfere with or disrupt the operation, security, or availability of the Service.
• Use automated means (scraping, bots, crawlers) to access the Service.
• Use the Service or any AI-generated content to train, develop, evaluate, or improve a competing AI system or product.
• Use the Service for any commercial purpose without our written authorization.
• Circumvent any access restrictions, rate limits, free-tier quotas, or conversation caps.

We reserve the right to investigate violations and to suspend or terminate accounts that violate these Terms.

10. Intellectual Property and License

All rights, title, and interest in and to the Service — including software, source code, algorithms, AI prompt designs, design system, user interface, branding, trademarks, and underlying technology — are and remain the exclusive property of Trail Worm LLC or its licensors.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes. If you download the Service from the Apple App Store, this license is further limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, including access by other accounts associated with you via Family Sharing or volume purchasing where applicable.

You may not:

• Copy, reproduce, distribute, or publicly display the Service or any portion thereof.
• Modify, adapt, translate, or create derivative works based on the Service.
• Reverse engineer, decompile, or disassemble the Service or any component thereof.
• Remove, alter, or obscure any proprietary notices, labels, or marks.
• Use the Service or any AI-generated content to train, develop, or improve any competing AI system or product.

AI-generated responses may be used by you for personal purposes. You may not reproduce, distribute, sell, or commercially exploit AI-generated content, and you may not represent it as human-authored or as professional guidance.

11. Subscriptions and Payments

Certain features of the Service require a paid subscription.

Subscription management. Subscriptions are administered through RevenueCat, our subscription-management subprocessor, on top of the underlying Apple App Store or Google Play Store billing systems.

Pricing and billing. Subscription pricing, billing frequency, and available plans are displayed within the Service and on the applicable app store before you complete a purchase. All charges are processed by Apple or Google according to your store account; we do not directly receive your payment-card details.

Auto-renewal. Subscriptions automatically renew at the end of each billing period at the then-current price, unless you cancel at least 24 hours before the end of the current period. You will be charged the renewal fee within 24 hours of the end of the current period.

Free trials. If a free trial is offered, you will not be charged during the trial period. Any unused portion of a free trial will be forfeited when you convert to a paid subscription. At the end of the trial, the subscription will automatically convert to paid unless you cancel before the trial ends.

Cancellation. You may cancel at any time through your app store account settings (Apple App Store: Settings → Apple ID → Subscriptions; Google Play Store: Play Store app → Subscriptions). Cancellation takes effect at the end of the current billing period. You retain access to paid features until the end of that period. No partial refunds are provided for unused portions of a billing period.

Refunds. Refund requests are handled by the applicable app store under its refund policy. The Company does not directly process refunds for app store purchases.

Restore purchases. If you reinstall the app or switch devices, you can restore your active subscription using the “Restore Purchases” feature within the app.

Material changes. Where required by law, we will provide advance notice (typically between 5 and 30 days) of any material change to subscription terms, including price increases. A price increase will not take effect for existing subscribers without affirmative consent or a prorated refund where applicable. For subscriptions with an initial term of one year or longer and a renewal term of six months or longer, where required by applicable law (including New York General Business Law §527 / §527-A), we will send a renewal reminder between 15 and 45 days before the renewal cancellation deadline.

Account deletion does not cancel your subscription. If you delete your account while a subscription is active, your subscription will continue to renew and you will continue to be billed by Apple or Google until you cancel through the relevant app store. We have no ability to cancel an active store-managed subscription on your behalf.

12. Privacy

Your use of the Service is also governed by our Privacy Policy and our AI Safety & Chatbot Disclaimer, which describe how we collect, use, disclose, and protect your information. Both are incorporated into these Terms by reference.

By using the Service, you consent to the data practices described in those documents. We will request affirmative re-acceptance whenever we make material changes to the Privacy Policy, AI Safety & Chatbot Disclaimer, or these Terms.

13. Third-Party Services

The Service relies on third-party services including OpenAI (AI processing), Google Firebase (authentication, database, cloud functions, hosting), RevenueCat (subscription management), Apple and Google (sign-in and store billing), PostHog (product analytics), Sentry (crash reporting), and others described in our Privacy Policy.

The Company is not responsible for the availability, accuracy, security, or privacy practices of any third-party service. Your use of third-party services may be subject to their own terms and policies. When using the Service in connection with third-party platforms or services, you are responsible for complying with those third parties’ applicable terms.

We are not liable for outages, degraded performance, or data loss caused by an upstream third-party service (for example, an OpenAI API outage or a Firebase incident).

14. Service Availability and Modifications

We strive to maintain availability of the Service but do not guarantee uninterrupted, error-free, or continuous operation.

The Service, including its features, content, functionality, and AI capabilities, may be modified, updated, suspended, or discontinued at any time at our sole discretion. We will provide reasonable notice of material changes where practical.

We are not liable for any modification, suspension, or discontinuation of the Service.

15. Termination and Account Deletion

15.1 Your Right to Delete

You may stop using the Service and delete your account at any time. The primary deletion path is in-app:

• Open Settings.
• Scroll to Delete Account.
• Tap the delete button in the confirmation modal.

The same deletion flow is available from the email-verification screen and the terms-acceptance screen, so you can delete an account that has not yet completed onboarding.

When you confirm deletion:

• Your habits, check-in history, chat messages, conversations, AI memory, settings, onboarding state, and other user-scoped data are deleted from our servers immediately.
• Your Firebase Authentication account is deleted and your auth tokens are invalidated.
• An audit-log entry is written recording the deletion event. This entry contains your former user identifier, the timestamp, the IP address that initiated the request, and the user agent. After your authentication account is deleted, the user identifier in the audit log is no longer linked to any active account; the entry is retained for up to 180 days as a compliance record consistent with GDPR Recital 26 (which permits retention of data that can no longer reasonably be used to identify a person).
• Aggregated analytics events from your prior usage may also remain in our analytics systems with the user identifier no longer linkable to any active account.
• Daily encrypted Firestore backups age out automatically within 30 days; any residual data in those backups is deleted on that schedule.

If you cannot access in-app deletion (for example, you have lost access to your account), you may instead email info@trailworm.com with the subject line “Data Deletion Request.” We will process such requests within 30 days.

Active subscriptions are not cancelled by account deletion. If you have an active App Store or Google Play Store subscription, deletion of your Marcus AI account does not cancel that subscription. You must cancel separately through your store account settings, otherwise renewal charges will continue. The deletion confirmation dialog displays this warning when an active subscription is detected.

15.2 Our Right to Suspend or Terminate

We reserve the right to suspend or terminate your access to the Service, in whole or in part, if you:

• Violate these Terms.
• Misuse the Service or engage in prohibited conduct.
• Create risk or potential legal exposure for the Company.
• Engage in conduct we determine, at our sole discretion, to be harmful to other users or the Service.

For non-harmful violations, where reasonably practical and not contrary to law or our security interests, we will provide notice and an opportunity to cure before termination. We may suspend or terminate without prior notice in cases of abuse, fraud, security risk, legal compulsion, or repeat violations.

15.3 Survival

Sections that by their nature should survive termination — including §5 (Not Professional Advice), §6 (Mental Health & Crisis), §7 (AI Data Processing), §10 (Intellectual Property), §13 (Third-Party Services), §16 (Disclaimer of Warranties), §17 (Limitation of Liability), §18 (Indemnification), §19 (Dispute Resolution), §20 (Governing Law), §21 (Changes), and §22 (General Provisions) — survive termination of these Terms.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF AI-GENERATED CONTENT.
• WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS.
• WARRANTIES THAT AI-GENERATED RESPONSES WILL BE SUITABLE FOR ANY PARTICULAR PURPOSE OR CIRCUMSTANCE.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions our warranties are limited to the minimum extent permitted by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRAIL WORM LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES ARISING FROM:

• Reliance on AI-generated content or responses (including hallucinated, biased, or stale information).
• Inaccuracies, errors, or omissions in AI-generated content.
• Decisions made based on information provided by the Service.
• Loss of data, profits, revenue, or business opportunities.
• Personal, emotional, or psychological harm.
• Interruption, suspension, or discontinuation of the Service or any third-party service it depends on.
• Unauthorized access to or alteration of your data.
• Actions of third-party service providers.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. Nothing in these Terms is intended to limit liability for gross negligence, willful misconduct, or any other liability that may not be limited or excluded under applicable law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Trail Worm LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

• Your use of or access to the Service.
• Your violation of these Terms.
• Your violation of any applicable law, regulation, or third-party right.
• Your User Content.
• Any dispute between you and a third party arising from your use of the Service.
• Your reliance on AI-generated content.

We will give you reasonable notice of any claim subject to indemnification and reasonably cooperate at your expense.

19. Dispute Resolution — Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS, USING THE PROCEDURE DESCRIBED IN §19.5.

19.1 Agreement to Arbitrate

You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (“Disputes”) will be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, rather than in court — except that either party may bring individual claims in small-claims court if eligible.

19.2 Class Action Waiver

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY ACTION OR PROCEEDING.

The arbitrator may not consolidate more than one person’s claims and may not preside over any class, representative, or consolidated proceeding.

19.3 Arbitration Procedures

• The arbitration will be conducted in English.
• The arbitration will be held in New Jersey, or, at your election, conducted remotely via videoconference or telephone.
• The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• The arbitrator shall apply the substantive law of the State of New Jersey.

19.4 Costs and Fees

Each party bears its own costs and attorneys’ fees in arbitration. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, the AAA’s allocation rules apply.

19.5 Opt-Out

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice of your decision to info@trailworm.com within 30 days of first accepting these Terms. Your notice must include your name, mailing address, account email, and a clear statement that you wish to opt out of this arbitration agreement. Opt-out notices submitted after the 30-day window will not be effective.

If you opt out, the Company also will not be bound by this arbitration agreement with respect to you. Opting out does not affect any other provision of these Terms.

19.6 Severability

If any portion of this arbitration provision is found to be unenforceable, the remaining portions shall remain in full force and effect. If the class-action waiver in §19.2 is found unenforceable as to a particular claim, that entire arbitration provision shall be null and void as to that claim only, and that claim shall proceed in court.

20. Governing Law and Forum

These Terms are governed by and construed under the laws of the State of New Jersey, United States, without regard to its conflict-of-law principles.

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New Jersey.

Nothing in these Terms deprives you of any non-waivable consumer rights provided by the law of your country of residence.

21. Changes to These Terms

We may update or modify these Terms from time to time at our sole discretion.

When we make material changes we will:

• Update the “Effective Date” and “Version” at the top of these Terms.
• Provide notice through the Service or by other appropriate means.
• Where the change is material, present updated Terms in the app and require you to affirmatively accept them before continuing to use the Service.

Your continued use of the Service after the revised Terms take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you may delete your account using the procedure in §15.1.

22. General Provisions

Entire Agreement. These Terms, together with the Privacy Policy and the AI Safety & Chatbot Disclaimer, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision is found invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver.

Assignment. You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, or otherwise without restriction.

Notices. Notices to the Company should be sent to the contact information in §26. We may provide notices to you through the Service, by email to the address associated with your account, or by other reasonable means.

23. Apple App Store — Additional EULA Terms

The following terms apply when you download or use the Service from the Apple App Store.

23.1 Acknowledgement

You and Trail Worm LLC acknowledge that this Agreement is concluded between you and Trail Worm LLC only, and not with Apple, Inc. (“Apple”). Trail Worm LLC, not Apple, is solely responsible for the Licensed Application and its content.

23.2 Maintenance and Support

Trail Worm LLC is solely responsible for providing maintenance and support services for the Licensed Application as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services.

23.3 Warranty

Trail Worm LLC is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application.

23.4 Product Claims

You and Trail Worm LLC acknowledge that Trail Worm LLC, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application, including (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

23.5 Intellectual Property Rights

In the event of any third-party claim that the Licensed Application or your use of it infringes a third party’s intellectual property rights, Trail Worm LLC, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.

23.6 Legal Compliance

You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo or 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.

23.7 Third-Party Beneficiary

You and Trail Worm LLC acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple has the right (and is deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

24. Google Play Store — Additional Terms

The following terms apply when you download or use the Service from the Google Play Store.

24.1 Distribution

You acknowledge that the Service is distributed through the Google Play Store. Google, Inc. (“Google”) is not a party to these Terms and has no responsibility for the Service.

24.2 Refunds and Billing

Refunds for purchases made through Google Play are handled by Google according to the Google Play Refund Policy. The Company does not directly process Google Play refunds.

24.3 No Google Warranty

Trail Worm LLC, not Google, is solely responsible for any warranty obligations relating to the Service. Google has no warranty or maintenance obligation for the Service.

24.4 Compliance

You agree to comply with the Google Play Terms of Service in addition to these Terms. If there is any inconsistency between these Terms and the Google Play Terms with respect to the distribution of the Service, the Google Play Terms control with respect to that subject matter.

25. Compliance with Other App Distribution Channels

If you obtain the Service through a distribution channel other than the Apple App Store or Google Play Store (for example, via TestFlight or an EAS preview build), you remain bound by these Terms. Sections 23 and 24 apply to the extent the Service was obtained through Apple or Google respectively.

26. Contact Information

If you have questions, concerns, or requests regarding these Terms of Service, please contact:

Trail Worm LLC

• Email: info@trailworm.com
• Phone: (732) 501-6165
• Address: 232 South 3rd Avenue, Highland Park, NJ 08904