Terms of Service
Effective date: July 8, 2026 | Last updated: July 8, 2026
Important: These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your," or "Client") and Diego Cordova, operating as Screencrate and BlackBox Tools ("we," "us," "our," or "Company"). These Terms govern: (i) your download, installation, access, and use of the Screencrate application ("App," "Application"); and (ii) any website development, web design, digital services, or related professional services ("Web Development Services" or "Services") provided by BlackBox Tools or Diego Cordova. By downloading, installing, accessing, or using the Application, or by engaging, contracting, or receiving Web Development Services from the Company, you acknowledge that you have read, understood, and agree to be bound by all terms set forth in this Agreement. If you do not agree with any part of these Terms, you must immediately cease all use of the Application, delete it from your device(s), and/or refrain from engaging Web Development Services. These Terms incorporate by reference our Privacy Policy, which is an integral part of this Agreement.
1. Definitions
For purposes of this Agreement, the following definitions apply:
- "Application" means the Screencrate mobile application, including all versions, updates, upgrades, patches, modifications, and derivative works thereof.
- "Company" means Diego Cordova, individually and doing business as Screencrate and BlackBox Tools, and all successors and assigns.
- "Released Parties" means Diego Cordova, Screencrate, BlackBox Tools, and each of their respective past, present, and future officers, directors, employees, agents, representatives, contractors, licensors, licensees, successors, assigns, parents, subsidiaries, affiliates, partners, heirs, executors, and administrators.
- "User Content" means all data, content, materials, files, links, screenshots, photos, notes, boards, tags, metadata, and any other information you create, save, import, organize, or store within the Application.
- "Third-Party Components" means all third-party software development kits (SDKs), libraries, frameworks, APIs, advertising networks, payment processors, and other third-party code integrated within or utilized by the Application.
- "Pro" means the premium, paid version of the Application that removes advertising and unlocks additional features.
- "Web Development Services" or "Services" means any and all website design, website development, web application development, front-end development, back-end development, UI/UX design, landing page creation, e-commerce setup, content management system configuration, hosting configuration, domain setup, SEO implementation, and any other digital design or development services provided by the Company to any client, customer, or third party.
- "Client" means any individual, business, organization, or entity that engages, contracts with, or receives Web Development Services from the Company, whether pursuant to a separate written agreement, verbal agreement, email correspondence, or otherwise.
- "Deliverables" means all websites, web pages, designs, code, graphics, content, configurations, files, documentation, and other materials created, developed, produced, or delivered by the Company in connection with Web Development Services.
- "Client Content" means all text, images, photographs, logos, trademarks, branding, videos, data, information, materials, and other content provided by the Client to the Company for use in connection with Web Development Services.
- "Client Platform" means any third-party hosting provider, domain registrar, content management system, e-commerce platform, payment processor, analytics service, email service, or other third-party platform or service utilized in connection with a Client's website or Web Development Services.
2. Eligibility and Age Requirements
You must be at least thirteen (13) years of age, or the minimum age of digital consent in your jurisdiction (whichever is higher), to use the Application. By using the Application, you represent and warrant that you meet this age requirement. If you are between the minimum age and the age of majority in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. We reserve the right to terminate access for any user who does not meet these eligibility requirements.
3. License Grant
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, personal license to download, install, and use the Application on devices you own or control, solely for your personal, non-commercial use. This license does not transfer any ownership interest in the Application to you. The Application is licensed, not sold, to you.
4. License Restrictions
You agree that you will not, and will not permit any third party to:
- Copy, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Application;
- Distribute, sublicense, lease, rent, loan, sell, resell, or otherwise transfer or make available the Application to any third party;
- Remove, alter, obscure, or tamper with any proprietary notices, labels, marks, or branding on or within the Application;
- Use the Application for any commercial, business, professional, or revenue-generating purpose without our prior written consent;
- Use the Application to develop a competing product or service;
- Circumvent, disable, or otherwise interfere with any security, authentication, digital rights management, or technological protection measures of the Application;
- Use the Application in any manner that violates any applicable local, state, national, or international law, regulation, or ordinance;
- Use the Application to store, organize, or manage content that is illegal, infringing, defamatory, obscene, or otherwise objectionable under applicable law;
- Interfere with, disrupt, or place an undue burden on the Application or any networks or services connected to the Application;
- Use any automated means, including bots, scrapers, or scripts, to access or interact with the Application;
- Attempt to gain unauthorized access to any portion of the Application or any systems or networks connected to the Application;
- Use the Application to collect, harvest, or aggregate information about other users or third parties without their consent;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
5. Reservation of Rights
All rights not expressly granted to you in these Terms are reserved by the Company. We reserve the right, at any time and without notice or liability, to: (a) modify, suspend, or discontinue any aspect of the Application; (b) impose limits on certain features or restrict your access to parts or all of the Application; (c) change, modify, add, or remove features, functionality, or content; and (d) update the Application with or without your consent, including mandatory updates that may change how the Application operates.
6. User Content and Ownership
You retain ownership of the intellectual property rights in User Content that you originally created, subject to the license granted in Section 7 below. As currently designed, the Application stores User Content locally on your device and we do not intentionally access, view, collect, or transmit your User Content. However, you acknowledge that: (a) we reserve the right to implement features in future versions that may involve server-side processing, cloud storage, synchronization, or transmission of User Content; (b) Third-Party Components integrated within the Application may independently access, process, or transmit data from your device; (c) you are solely responsible for maintaining backups of your User Content; and (d) saving, organizing, or managing third-party content (including links, images, screenshots, videos, and web content created by others) within the Application does not transfer ownership of that content to you, and you are solely responsible for ensuring you have the legal right to save and use such content.
7. License to User Content
While we do not currently collect or access your User Content under our current architecture, by using the Application you grant us a non-exclusive, worldwide, royalty-free, fully paid-up license to use, reproduce, modify, and display your User Content solely to the extent technically necessary to: (a) provide, operate, and maintain the Application and its features on your device; (b) comply with applicable law, regulation, or valid legal process; and (c) enforce these Terms. For the avoidance of doubt, this license does not grant us the right to sell, commercially exploit, publicly distribute, or monetize your User Content independently of the Application's functionality. This license survives termination of your use of the Application solely to the extent necessary for the purposes described in clauses (b) and (c) above.
8. Data Practices and Privacy
Your use of the Application is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Application, you consent to the collection, use, and disclosure of information as described in the Privacy Policy. The Privacy Policy may be updated from time to time, and your continued use of the Application after such updates constitutes your acceptance of the revised Privacy Policy.
9. Third-Party Advertising
The free version of the Application displays advertisements served by third-party advertising networks, including but not limited to Google AdMob, AppLovin MAX, and their respective mediation partners. These advertising networks are independent data controllers and may collect device identifiers, advertising identifiers, IP addresses, usage data, behavioral data, and other information from your device pursuant to their own privacy policies. As currently designed, we do not intentionally control the data practices of these advertising networks and disclaim all liability for their data collection, processing, storage, or use. By using the free version, you consent to the data practices of all integrated advertising networks. Upgrading to Pro removes advertising from the Application.
10. In-App Purchases and Payments
Screencrate Pro is available as a one-time purchase, currently priced at $5.99 USD (subject to change without notice), processed exclusively through Apple's App Store or Google Play (collectively, "Platform Stores"). All payment processing, billing, receipts, and refund requests are handled entirely by the applicable Platform Store. Under our current architecture, we do not intentionally process payments directly, do not have designed access to your payment information, and are not responsible for any payment processing errors, unauthorized charges, or billing disputes. All purchases are subject to the applicable Platform Store's terms of service and refund policies. We make no guarantees regarding the availability, pricing, or continuity of any in-app purchase option.
11. Price Tracking Feature
The Application includes a price tracking feature that attempts to detect and monitor prices on saved product URLs. YOU ACKNOWLEDGE AND AGREE THAT: (A) PRICE DETECTION IS PERFORMED ON A BEST-EFFORT BASIS AND MAY BE INACCURATE, INCOMPLETE, DELAYED, OR UNAVAILABLE; (B) WE DO NOT GUARANTEE THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY DETECTED PRICE, PRICE DROP NOTIFICATION, OR PRICE HISTORY; (C) THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY PURCHASING, FINANCIAL, OR OTHER DECISION YOU MAKE BASED ON PRICE INFORMATION DISPLAYED IN THE APPLICATION; (D) ACTUAL PRICES MAY DIFFER FROM DETECTED PRICES DUE TO WEBSITE CHANGES, REGIONAL PRICING, DYNAMIC PRICING, TAXES, FEES, OR OTHER FACTORS; AND (E) YOU ASSUME ALL RISK ASSOCIATED WITH RELIANCE ON PRICE INFORMATION FROM THE APPLICATION.
12. Evidence Locker Feature
THE APPLICATION INCLUDES AN "EVIDENCE LOCKER" FEATURE THAT ALLOWS YOU TO SAVE AND ORGANIZE CONTENT. THIS FEATURE IS PROVIDED AS A GENERAL-PURPOSE ORGANIZATIONAL TOOL ONLY. THE RELEASED PARTIES MAKE NO REPRESENTATIONS REGARDING THE SUITABILITY OF THIS FEATURE FOR LEGAL, EVIDENTIARY, INVESTIGATIVE, COMPLIANCE, REGULATORY, LAW ENFORCEMENT, OR ANY OTHER SPECIALIZED PURPOSE. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (A) THE ADMISSIBILITY, AUTHENTICITY, OR EVIDENTIARY VALUE OF ANY CONTENT SAVED USING THIS FEATURE; (B) ANY LEGAL CONSEQUENCES ARISING FROM YOUR USE OF OR RELIANCE ON THIS FEATURE; (C) ANY DATA LOSS, CORRUPTION, OR MODIFICATION OF CONTENT SAVED USING THIS FEATURE; OR (D) ANY OUTCOME IN ANY LEGAL PROCEEDING, DISPUTE, OR INVESTIGATION BASED ON CONTENT MANAGED THROUGH THIS FEATURE.
13. YouTube Playback
The Application allows playback of saved YouTube videos through the official embedded YouTube player. By using this feature, you also agree to the YouTube Terms of Service and Google Privacy Policy. YouTube playback is provided by Google and is subject to Google's terms. As currently designed, we do not intentionally control YouTube's content, availability, or functionality, and disclaim all liability related to YouTube playback within the Application.
14. Visual Search
The Visual Search feature sends a user-selected image to Google via the operating system's share sheet for reverse image search. This is a direct interaction between you and Google, governed entirely by Google's own terms and privacy policies. As currently designed, we do not intentionally receive, intercept, or retain any data related to this transfer. We disclaim all liability for any consequences arising from your use of Visual Search.
15. Backups, Exports, and Sharing
The Application provides features that allow you to export, back up, and share your User Content to destinations you choose (local storage, cloud services, other applications, other people). You are solely responsible for: (a) choosing where to export, back up, or share your data; (b) the security and privacy of exported or shared data; (c) compliance with applicable laws regarding the sharing or distribution of content; and (d) maintaining redundant backups of your User Content. As currently designed, we do not intentionally receive or retain copies of your backups or shared content.
16. Network Requests and External Connections
The Application makes network requests directly from your device to third-party servers for link previews, price monitoring, dead link checking, YouTube playback, and advertising. These requests are not designed to pass through servers or infrastructure operated by us under our current architecture. You acknowledge that these network connections may expose your IP address and device information to the destination servers, and that such exposure is governed by the privacy policies of those third-party services.
17. Beta, Experimental, and Preview Features
THE APPLICATION MAY INCLUDE FEATURES DESIGNATED AS BETA, EXPERIMENTAL, PREVIEW, EARLY ACCESS, OR OTHERWISE INDICATED AS NOT FINAL. THESE FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTY WHATSOEVER. BETA AND EXPERIMENTAL FEATURES: (A) MAY BE INCOMPLETE, CONTAIN ERRORS, BUGS, OR INACCURACIES; (B) MAY CAUSE DATA LOSS, CORRUPTION, OR APPLICATION INSTABILITY; (C) MAY BE MODIFIED, DEGRADED, OR REMOVED AT ANY TIME WITHOUT NOTICE; (D) ARE NOT SUBJECT TO ANY SERVICE LEVEL AGREEMENT, SUPPORT COMMITMENT, OR PERFORMANCE GUARANTEE; AND (E) MAY FUNCTION DIFFERENTLY FROM OR BE DISCONTINUED BEFORE ANY FINAL RELEASE. YOUR USE OF ANY BETA OR EXPERIMENTAL FEATURE IS ENTIRELY AT YOUR OWN RISK AND CONSTITUTES ACCEPTANCE OF THESE ADDITIONAL RISKS.
18. Website Development Services: Scope and Limitations
The Company may provide Web Development Services to Clients on a project-by-project basis. All Web Development Services are provided "as is" and are subject to the following terms in addition to all other provisions of this Agreement. Where a separate written contract exists between the Company and a Client for specific Web Development Services, and such contract conflicts with these Terms, the separate written contract shall control solely with respect to the specific scope of work defined therein; for all matters not addressed in the separate contract, these Terms shall govern. In the absence of a separate written contract, these Terms constitute the entire agreement governing Web Development Services.
19. Web Development: Client Responsibilities
The Client is solely and exclusively responsible for:
- Providing all Client Content, including text, images, logos, branding materials, product information, and any other materials necessary for the project, in a timely manner and in formats reasonably usable by the Company;
- Ensuring that all Client Content is accurate, complete, lawful, non-infringing, and does not violate any third party's intellectual property rights, privacy rights, publicity rights, or any applicable law or regulation;
- Obtaining all necessary rights, licenses, permissions, consents, and releases for all Client Content, including model releases, trademark licenses, and copyright permissions;
- Reviewing, testing, and approving all Deliverables before launch, publication, or deployment;
- Maintaining all necessary accounts, subscriptions, credentials, hosting arrangements, domain registrations, SSL certificates, and third-party service agreements required for the continued operation of the delivered website;
- Implementing and maintaining appropriate security measures, including but not limited to software updates, security patches, password management, access control, backup procedures, and malware scanning, after delivery of any website;
- Compliance with all applicable laws, regulations, and industry standards relating to the Client's website, including but not limited to the Americans with Disabilities Act (ADA), Section 508, WCAG, GDPR, CCPA, CAN-SPAM, PCI-DSS, COPPA, HIPAA, and any other applicable privacy, accessibility, consumer protection, or data security law;
- All consequences arising from the Client's use, modification, or operation of any Deliverable after delivery and acceptance;
- Making and maintaining independent backups of all website files, databases, content, and configurations.
20. Web Development: Deliverable Ownership and Intellectual Property
UNLESS EXPLICITLY STATED OTHERWISE IN A SEPARATE WRITTEN AGREEMENT SIGNED BY DIEGO CORDOVA:
(A) ALL DELIVERABLES, INCLUDING BUT NOT LIMITED TO CODE, DESIGNS, LAYOUTS, GRAPHICS, CUSTOM COMPONENTS, FRAMEWORKS, TEMPLATES, AND DEVELOPMENT TOOLS CREATED BY THE COMPANY, REMAIN THE EXCLUSIVE INTELLECTUAL PROPERTY OF DIEGO CORDOVA AND THE COMPANY.
(B) THE CLIENT RECEIVES A NON-EXCLUSIVE, NON-TRANSFERABLE, NON-SUBLICENSABLE, REVOCABLE LICENSE TO USE THE DELIVERABLES SOLELY FOR THE SPECIFIC PURPOSE AND PROJECT FOR WHICH THEY WERE CREATED.
(C) THE COMPANY RETAINS ALL RIGHTS TO REUSE, REPURPOSE, ADAPT, AND MODIFY ANY CODE, DESIGN PATTERNS, FRAMEWORKS, COMPONENTS, TECHNIQUES, AND GENERAL KNOW-HOW DEVELOPED DURING THE ENGAGEMENT FOR ANY PURPOSE, INCLUDING FOR OTHER CLIENTS AND PROJECTS.
(D) CLIENT CONTENT REMAINS THE PROPERTY OF THE CLIENT. THE CLIENT GRANTS THE COMPANY A NON-EXCLUSIVE, ROYALTY-FREE LICENSE TO USE CLIENT CONTENT SOLELY FOR THE PURPOSE OF PERFORMING THE WEB DEVELOPMENT SERVICES.
(E) THIRD-PARTY COMPONENTS (INCLUDING OPEN-SOURCE LIBRARIES, CMS PLATFORMS, PLUGINS, THEMES, AND FRAMEWORKS) USED IN DELIVERABLES REMAIN SUBJECT TO THEIR RESPECTIVE LICENSES AND ARE NOT TRANSFERRED TO THE CLIENT AS PROPRIETARY PROPERTY.
21. Web Development: No Guarantee of Results
THE RELEASED PARTIES MAKE NO WARRANTY, GUARANTEE, REPRESENTATION, OR PROMISE REGARDING THE RESULTS, OUTCOMES, PERFORMANCE, OR EFFECTIVENESS OF ANY WEB DEVELOPMENT SERVICES OR DELIVERABLES, INCLUDING BUT NOT LIMITED TO:
(A) SEARCH ENGINE RANKINGS, SEARCH ENGINE OPTIMIZATION (SEO) RESULTS, OR SEARCH ENGINE VISIBILITY; (B) WEBSITE TRAFFIC, PAGE VIEWS, UNIQUE VISITORS, BOUNCE RATES, OR ANY OTHER ANALYTICS METRIC; (C) CONVERSION RATES, LEAD GENERATION, SALES, REVENUE, OR RETURN ON INVESTMENT; (D) WEBSITE SPEED, PERFORMANCE SCORES, CORE WEB VITALS, OR LOAD TIMES ON ANY SPECIFIC DEVICE, BROWSER, OR NETWORK; (E) COMPATIBILITY WITH ALL BROWSERS, DEVICES, OPERATING SYSTEMS, SCREEN SIZES, OR ASSISTIVE TECHNOLOGIES; (F) UPTIME, AVAILABILITY, OR CONTINUOUS OPERATION OF ANY WEBSITE; (G) THE SUITABILITY OF ANY WEBSITE FOR ANY PARTICULAR PURPOSE; (H) COMPLIANCE WITH ANY SPECIFIC STANDARD, GUIDELINE, REGULATION, OR LAW; OR (I) THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT DISPLAYED ON ANY WEBSITE.
ALL ESTIMATES, PROJECTIONS, TIMELINES, AND FORECASTS PROVIDED BY THE COMPANY ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE GUARANTEES OR BINDING COMMITMENTS.
22. Web Development: Third-Party Platform Disclaimer
WEB DEVELOPMENT SERVICES MAY INVOLVE THE USE OF THIRD-PARTY PLATFORMS AND SERVICES, INCLUDING BUT NOT LIMITED TO: HOSTING PROVIDERS (NETLIFY, VERCEL, AWS, CLOUDFLARE, GoDaddy, ETC.), DOMAIN REGISTRARS, CONTENT MANAGEMENT SYSTEMS (WORDPRESS, WEBFLOW, SQUARESPACE, ETC.), E-COMMERCE PLATFORMS (SHOPIFY, STRIPE, ETC.), ANALYTICS SERVICES (GOOGLE ANALYTICS, ETC.), EMAIL SERVICES, DNS PROVIDERS, CDN PROVIDERS, AND OTHER THIRD-PARTY TOOLS AND SERVICES. THE RELEASED PARTIES:
(A) DO NOT CONTROL, OWN, OPERATE, OR GUARANTEE THE AVAILABILITY, RELIABILITY, SECURITY, PERFORMANCE, OR CONTINUED EXISTENCE OF ANY CLIENT PLATFORM; (B) ARE NOT LIABLE FOR ANY DOWNTIME, OUTAGE, DATA LOSS, SECURITY BREACH, PRICING CHANGE, TERMS CHANGE, SERVICE DEGRADATION, OR DISCONTINUATION BY ANY CLIENT PLATFORM; (C) ARE NOT RESPONSIBLE FOR ANY CHANGES TO CLIENT PLATFORM FUNCTIONALITY, APIs, TERMS OF SERVICE, OR PRICING THAT MAY AFFECT PREVIOUSLY DELIVERED WEBSITES; (D) DO NOT GUARANTEE COMPATIBILITY WITH FUTURE UPDATES OR VERSIONS OF ANY CLIENT PLATFORM; AND (E) DISCLAIM ALL LIABILITY ARISING FROM THE CLIENT'S RELATIONSHIP WITH ANY THIRD-PARTY PLATFORM OR SERVICE PROVIDER.
23. Web Development: Security, Compliance, and Regulatory Disclaimer
THE RELEASED PARTIES ARE NOT CYBERSECURITY PROFESSIONALS, COMPLIANCE CONSULTANTS, LEGAL ADVISORS, OR REGULATORY EXPERTS. THE COMPANY DOES NOT GUARANTEE, WARRANT, OR REPRESENT THAT ANY DELIVERABLE WILL BE: (A) FREE FROM SECURITY VULNERABILITIES, EXPLOITS, OR ATTACK VECTORS; (B) COMPLIANT WITH PCI-DSS, HIPAA, GDPR, CCPA, ADA, WCAG, SECTION 508, COPPA, OR ANY OTHER LAW, REGULATION, STANDARD, OR GUIDELINE; (C) RESISTANT TO HACKING, MALWARE, PHISHING, DENIAL-OF-SERVICE ATTACKS, OR ANY OTHER CYBERSECURITY THREAT; OR (D) SUITABLE FOR HANDLING PROTECTED HEALTH INFORMATION (PHI), PERSONALLY IDENTIFIABLE INFORMATION (PII), PAYMENT CARD DATA, OR ANY OTHER SENSITIVE OR REGULATED DATA.
THE CLIENT IS SOLELY AND EXCLUSIVELY RESPONSIBLE FOR: (I) CONDUCTING INDEPENDENT SECURITY AUDITS AND PENETRATION TESTING; (II) IMPLEMENTING AND MAINTAINING ALL SECURITY MEASURES; (III) ENSURING REGULATORY AND LEGAL COMPLIANCE; (IV) OBTAINING LEGAL COUNSEL REGARDING COMPLIANCE OBLIGATIONS; AND (V) ALL CONSEQUENCES ARISING FROM ANY SECURITY BREACH, DATA LOSS, REGULATORY VIOLATION, OR LEGAL CLAIM RELATED TO THE CLIENT'S WEBSITE.
24. Web Development: Post-Delivery Limitation of Liability
UPON DELIVERY AND CLIENT ACCEPTANCE (OR CONSTRUCTIVE ACCEPTANCE, WHICH OCCURS AUTOMATICALLY IF THE CLIENT DOES NOT PROVIDE WRITTEN REJECTION WITHIN FOURTEEN (14) DAYS OF DELIVERY) OF ANY DELIVERABLE, THE RELEASED PARTIES' LIABILITY FOR THAT DELIVERABLE TERMINATES COMPLETELY AND IRREVOCABLY. THE RELEASED PARTIES ARE NOT LIABLE FOR ANY ISSUE, DEFECT, VULNERABILITY, ERROR, MALFUNCTION, DAMAGE, LOSS, OR CLAIM THAT ARISES OR IS DISCOVERED AFTER DELIVERY AND ACCEPTANCE, WHETHER OR NOT THE ISSUE EXISTED AT THE TIME OF DELIVERY.
WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES ARE NOT LIABLE FOR ANY: (A) POST-DELIVERY MODIFICATIONS, CUSTOMIZATIONS, OR CHANGES MADE BY THE CLIENT OR ANY THIRD PARTY; (B) FAILURE TO MAINTAIN, UPDATE, PATCH, OR SECURE THE DELIVERED WEBSITE; (C) HOSTING, DOMAIN, SSL, OR INFRASTRUCTURE FAILURES; (D) CONTENT CHANGES, ADDITIONS, OR DELETIONS MADE AFTER DELIVERY; (E) THIRD-PARTY PLUGIN, THEME, OR INTEGRATION FAILURES OR VULNERABILITIES; (F) SEO RANKING CHANGES, ALGORITHM UPDATES, OR TRAFFIC FLUCTUATIONS; (G) DATA BREACHES, HACKING, OR UNAUTHORIZED ACCESS OCCURRING AFTER DELIVERY; OR (H) ANY DAMAGE CAUSED BY THE CLIENT'S FAILURE TO FOLLOW RECOMMENDATIONS, DOCUMENTATION, OR BEST PRACTICES PROVIDED BY THE COMPANY.
25. Web Development: Client Content Indemnification
The Client agrees to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and costs of investigation and litigation) arising out of or relating to: (a) any Client Content, including claims of copyright infringement, trademark infringement, defamation, invasion of privacy, or violation of publicity rights; (b) the Client's website content, products, services, or business practices; (c) any claim by a third party related to the Client's website, including claims by the Client's customers, users, visitors, or regulators; (d) the Client's failure to comply with any applicable law, regulation, or industry standard; (e) the Client's failure to maintain, secure, update, or properly operate any Deliverable after delivery; (f) any unauthorized, illegal, misleading, defamatory, or infringing content published on the Client's website; and (g) any breach of these Terms by the Client. This indemnification obligation survives completion, delivery, termination, or expiration of any Web Development Services engagement and shall continue indefinitely.
26. Web Development: Portfolio, Showcase, and Reference Rights
Unless the Client provides written notice prohibiting such use prior to the commencement of Services, the Company retains the right to: (a) display the Client's website, screenshots, and project descriptions in the Company's portfolio, website, social media, marketing materials, case studies, and presentations; (b) identify the Client by name and logo as a client of the Company; (c) describe the general nature of the work performed; and (d) use the project as a reference in proposals and pitches to prospective clients. This right survives completion, termination, or expiration of the engagement.
27. Web Development: Service Termination and Project Abandonment
THE COMPANY RESERVES THE RIGHT TO TERMINATE OR SUSPEND ANY WEB DEVELOPMENT SERVICES ENGAGEMENT AT ANY TIME, FOR ANY REASON, INCLUDING BUT NOT LIMITED TO: (A) NON-PAYMENT OR LATE PAYMENT; (B) CLIENT UNRESPONSIVENESS FOR FOURTEEN (14) OR MORE CONSECUTIVE DAYS; (C) REPEATED SCOPE CHANGES OR SCOPE CREEP; (D) ABUSIVE, THREATENING, OR HOSTILE COMMUNICATION; (E) REQUESTS TO CREATE CONTENT OR FUNCTIONALITY THAT IS ILLEGAL, INFRINGING, OR UNETHICAL; OR (F) ANY OTHER REASON IN THE COMPANY'S SOLE DISCRETION.
UPON TERMINATION: (I) ALL FEES FOR WORK COMPLETED TO DATE ARE IMMEDIATELY DUE AND NON-REFUNDABLE; (II) THE COMPANY IS UNDER NO OBLIGATION TO DELIVER INCOMPLETE WORK, SOURCE FILES, OR WORK-IN-PROGRESS; (III) ANY PREVIOUSLY DELIVERED WORK REMAINS SUBJECT TO ALL LICENSE RESTRICTIONS in Section 20; AND (IV) THE COMPANY HAS NO FURTHER OBLIGATION TO THE CLIENT. IF THE CLIENT ABANDONS A PROJECT (DEFINED AS FAILING TO RESPOND TO COMMUNICATIONS FOR THIRTY (30) OR MORE CONSECUTIVE DAYS), ALL FEES PAID ARE FORFEITED AND THE COMPANY MAY DISPOSE OF OR REPURPOSE ALL PROJECT MATERIALS.
28. Acceptable Use
You agree to use the Application only for lawful purposes and in accordance with these Terms. You are solely responsible for ensuring that your use of the Application, including the content you save, organize, and share, complies with all applicable laws, regulations, and third-party rights (including intellectual property rights and privacy rights) in your jurisdiction.
29. Prohibited Conduct
Without limiting the generality of Section 28, you specifically agree not to:
- Use the Application to save, organize, or distribute content that infringes any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights;
- Use the Application in connection with any illegal activity, including but not limited to stalking, harassment, threats, fraud, identity theft, or distribution of illegal content;
- Use the Application to violate any applicable export control laws, sanctions, or embargoes;
- Use the Application in any manner that could damage, disable, overburden, or impair any server, network, or system;
- Attempt to probe, scan, or test the vulnerability of the Application or any related system;
- Use the Application to transmit any malware, viruses, worms, trojan horses, or other harmful code;
- Misrepresent the source, identity, or content of information saved or transmitted through the Application.
30. Intellectual Property
The Application, including all code, design, graphics, logos, icons, images, text, user interface, algorithms, and other materials, is the exclusive property of Diego Cordova and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. The Screencrate name, BlackBox Tools name, and all related logos, product and service names, designs, and slogans are trademarks of Diego Cordova. You may not use these marks without our prior written permission. All other trademarks, service marks, and trade names referenced in the Application are the property of their respective owners.
31. Copyright Complaints (DMCA)
If you believe that content available through the Application infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512) by sending written notice to toolsblackbox@gmail.com with the subject line "DMCA Notice." Your notice must include: (a) identification of the copyrighted work; (b) identification of the allegedly infringing material; (c) your contact information; (d) a statement of good faith belief; (e) a statement under penalty of perjury that the information is accurate; and (f) your physical or electronic signature.
32. Technological Protection Measures
The Application may contain technological protection measures designed to prevent unauthorized use, copying, or distribution. You agree not to circumvent, disable, or otherwise interfere with any security-related features of the Application. Any attempt to circumvent technological protection measures may violate the Digital Millennium Copyright Act (17 U.S.C. 1201) and similar international laws, and may subject you to civil and criminal penalties.
33. Feedback and Suggestions
If you provide us with any feedback, suggestions, ideas, improvements, or other input regarding the Application ("Feedback"), you hereby assign to us all right, title, and interest in and to such Feedback. We are free to use Feedback for any purpose without compensation, attribution, or obligation to you. You waive any moral rights you may have in such Feedback.
34. Third-Party Content and Services
The Application may display content from, link to, or interact with third-party websites, services, and platforms. As currently designed, we do not intentionally control, endorse, sponsor, recommend, or assume responsibility for any third-party content, services, products, or practices. Your interactions with third-party services are governed by those third parties' own terms and privacy policies. The Released Parties disclaim all liability for any damage, loss, or harm arising from your use of or reliance on any third-party content or services accessed through or in connection with the Application.
35. Third-Party SDK and Component Disclaimer
THE APPLICATION INTEGRATES THIRD-PARTY SOFTWARE DEVELOPMENT KITS (SDKS), LIBRARIES, AND COMPONENTS, INCLUDING BUT NOT LIMITED TO ADVERTISING SDKS (GOOGLE ADMOB, APPLOVIN MAX), PAYMENT PROCESSING SDKS (REVENUECAT), OPERATING SYSTEM APIS, AND OTHER THIRD-PARTY CODE. YOU ACKNOWLEDGE AND AGREE THAT: (I) THESE THIRD-PARTY COMPONENTS MAY INDEPENDENTLY COLLECT, PROCESS, STORE, OR TRANSMIT DATA FROM YOUR DEVICE; (II) AS CURRENTLY DESIGNED, WE DO NOT INTENTIONALLY CONTROL, MONITOR, OR AUDIT THE DATA PRACTICES OF THESE THIRD-PARTY COMPONENTS; (III) THE BEHAVIOR OF THESE COMPONENTS MAY CHANGE WITHOUT OUR KNOWLEDGE; (IV) WE DISCLAIM ALL LIABILITY FOR ANY DATA COLLECTION, BREACH, LOSS, OR MISUSE BY ANY THIRD-PARTY COMPONENT; AND (V) YOUR USE OF THE APPLICATION CONSTITUTES ACCEPTANCE OF THE DATA PRACTICES OF ALL INTEGRATED THIRD-PARTY COMPONENTS.
36. Disclaimer of Warranties
THE APPLICATION IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES HEREBY DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, RELIABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED; (E) WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE APPLICATION; AND (F) WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAW THAT THESE TERMS CANNOT CHANGE.
37. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY, STATUTORY LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AGGREGATE MAXIMUM LIABILITY OF ALL RELEASED PARTIES COMBINED, FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION, SHALL NOT EXCEED THE LESSER OF: (I) THE AMOUNT YOU ACTUALLY PAID DIRECTLY TO DIEGO CORDOVA (NOT TO APPLE, GOOGLE, OR ANY INTERMEDIARY) FOR THE APPLICATION IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (II) FIVE UNITED STATES DOLLARS (USD $5.00). THIS CAP APPLIES REGARDLESS OF THE NUMBER OF CLAIMS, THE NUMBER OF CLAIMANTS, THE NUMBER OF THEORIES OF LIABILITY, OR THE AMOUNT OF ACTUAL DAMAGES SUFFERED.
38. Assumption of Risk
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APPLICATION IS ENTIRELY AT YOUR OWN RISK. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, AND EFFORT OF THE APPLICATION REMAINS SOLELY AND ENTIRELY WITH YOU. THIS RISK ALLOCATION IS A FUNDAMENTAL AND ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DIEGO CORDOVA. WITHOUT THIS RISK ALLOCATION, DIEGO CORDOVA WOULD NOT HAVE MADE THE APPLICATION AVAILABLE AND YOU WOULD NOT HAVE BEEN GRANTED THE LICENSE TO USE IT.
39. Comprehensive Data Loss Disclaimer
THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY DATA LOSS, DATA CORRUPTION, DATA DELETION, DATA DEGRADATION, OR DATA UNAVAILABILITY, WHETHER CAUSED BY: (A) DEVICE FAILURE, MALFUNCTION, DAMAGE, LOSS, OR THEFT; (B) OPERATING SYSTEM UPDATES, CHANGES, CRASHES, OR REINSTALLATION; (C) APPLICATION UPDATES, CHANGES, BUGS, OR UNINSTALLATION; (D) USER ERROR, ACCIDENTAL DELETION, OR MISCONFIGURATION; (E) STORAGE MEDIA FAILURE OR CORRUPTION; (F) POWER FAILURE, ELECTRICAL SURGE, OR ENVIRONMENTAL DAMAGE; (G) THIRD-PARTY SOFTWARE, MALWARE, OR UNAUTHORIZED ACCESS; (H) BACKUP OR RESTORE FAILURES; (I) CLOUD SERVICE FAILURES OR CHANGES BY THIRD-PARTY CLOUD PROVIDERS; OR (J) ANY OTHER CAUSE WHATSOEVER, WHETHER FORESEEABLE OR UNFORESEEABLE, WHETHER WITHIN OR OUTSIDE THE CONTROL OF THE RELEASED PARTIES.
YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT BACKUPS OF ALL USER CONTENT. THE RELEASED PARTIES STRONGLY RECOMMEND THAT YOU REGULARLY EXPORT AND BACK UP ALL DATA TO MULTIPLE INDEPENDENT LOCATIONS.
40. No Responsibility for Application Use
THE RELEASED PARTIES BEAR NO RESPONSIBILITY, LIABILITY, OR OBLIGATION WHATSOEVER FOR HOW YOU OR ANY OTHER PERSON USES, MISUSES, OR FAILS TO USE THE APPLICATION, FOR ANY PURPOSE, IN ANY MANNER, IN ANY CONTEXT, IN ANY JURISDICTION, AND UNDER ANY CIRCUMSTANCES. THIS DISCLAIMER IS ABSOLUTE, UNCONDITIONAL, AND WITHOUT EXCEPTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
41. Indemnification
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees, court costs, expert witness fees, and costs of investigation and litigation) arising out of or relating to: (a) your use of or inability to use the Application; (b) your User Content; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party right; (e) any dispute between you and any third party relating to the Application; (f) your negligence or willful misconduct; or (g) any claim that your use of the Application caused damage to a third party. This indemnification obligation survives termination of these Terms and your use of the Application.
42. Mandatory Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Application (collectively, "Disputes") shall be resolved exclusively through final and binding individual arbitration, rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies. There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, or by another mutually agreed-upon arbitration provider. The arbitration shall take place in Tulsa, Oklahoma, United States, unless you and we agree otherwise. The arbitrator shall apply Oklahoma substantive law. The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
If arbitration is found to be unenforceable for any reason, any litigation shall be filed exclusively in the state or federal courts located in Tulsa County, Oklahoma, and you consent to personal jurisdiction and venue in such courts.
43. Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, REPRESENTATIVE, MULTI-CLAIMANT, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, REPRESENTATIVE, OR MULTI-PARTY PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION (SECTION 31) SHALL BE NULL AND VOID, BUT THE REMAINDER OF THESE TERMS SHALL REMAIN IN EFFECT.
44. Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION.
45. Governing Law
These Terms and any disputes arising out of or relating to these Terms or the Application shall be governed by, construed, and enforced in accordance with the laws of the State of Oklahoma, United States of America, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
46. Venue and Jurisdiction
To the extent that any dispute is not subject to mandatory arbitration under Section 42, you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts located in Tulsa County, Oklahoma, United States, for the resolution of any dispute. You waive any objection to such jurisdiction and venue, including any objection based on inconvenient forum.
47. Statute of Limitations
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE APPLICATION MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR IT SHALL BE FOREVER BARRED. THIS ONE-YEAR LIMITATION PERIOD APPLIES REGARDLESS OF ANY LONGER STATUTE OF LIMITATIONS THAT MIGHT OTHERWISE APPLY UNDER APPLICABLE LAW. IF APPLICABLE LAW PROHIBITS A ONE-YEAR LIMITATION PERIOD, THE SHORTEST PERMISSIBLE LIMITATION PERIOD UNDER APPLICABLE LAW SHALL APPLY.
48. Liquidated Damages
You acknowledge and agree that any breach of Sections 4 (License Restrictions), 19 (Intellectual Property), or 21 (Technological Protection Measures) by you would cause irreparable harm to the Company for which monetary damages alone would be an inadequate remedy. In the event of such breach, you agree to pay the Company liquidated damages in the amount of ten thousand United States dollars (USD $10,000) per violation, plus reasonable attorneys' fees and costs. You acknowledge that this amount is a reasonable pre-estimate of the Company's likely damages and is not a penalty.
49. Attorneys' Fees
In any arbitration, litigation, or other proceeding arising out of or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, court costs, expert witness fees, and other costs and expenses of investigation and litigation from the non-prevailing party, in addition to any other relief to which the prevailing party may be entitled.
50. Termination
We may terminate or suspend your license to use the Application at any time, for any reason or no reason, with or without notice, in our sole discretion. You may terminate your use of the Application at any time by deleting it from your device(s). Upon termination of your license, you must cease all use of the Application and delete all copies from your devices.
51. Effect of Termination
Upon termination of your license: (a) all rights granted to you under these Terms immediately cease; (b) you must immediately cease all use of the Application; (c) you must delete all copies of the Application from your devices; (d) we have no obligation to provide you with access to any User Content previously stored within the Application; and (e) Sections 1, 5, 6, 7, 19, 22, 25 through 38, 40, and 42 through 65 shall survive termination and continue in full force and effect.
52. No Duty to Maintain, Update, Support, or Repair
THE RELEASED PARTIES HAVE NO OBLIGATION TO: (A) PROVIDE UPDATES, UPGRADES, PATCHES, BUG FIXES, SECURITY FIXES, OR NEW VERSIONS OF THE APPLICATION; (B) MAINTAIN THE APPLICATION IN ANY STATE OF FUNCTIONALITY, PERFORMANCE, OR COMPATIBILITY; (C) PROVIDE CUSTOMER SUPPORT, TECHNICAL SUPPORT, OR ASSISTANCE OF ANY KIND; (D) RESPOND TO BUG REPORTS, FEATURE REQUESTS, SUPPORT EMAILS, OR ANY COMMUNICATION; (E) FIX ANY DEFECT, ERROR, BUG, VULNERABILITY, OR MALFUNCTION; (F) ENSURE CONTINUED COMPATIBILITY WITH ANY OPERATING SYSTEM, DEVICE, OR SOFTWARE; (G) MAINTAIN THE AVAILABILITY OF THE APPLICATION ON ANY APP STORE OR DISTRIBUTION CHANNEL; OR (H) CONTINUE DEVELOPMENT OR OPERATION OF THE APPLICATION FOR ANY PERIOD OF TIME. ANY SUPPORT OR UPDATES WE PROVIDE IS VOLUNTARY AND DOES NOT CREATE ANY ONGOING OBLIGATION.
53. Force Majeure
The Released Parties shall not be liable for any failure or delay in performance resulting from causes beyond their reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, epidemics, pandemics, quarantine restrictions, strikes, labor disputes, power outages, internet or telecommunications failures, cyberattacks, government actions, or any other cause beyond reasonable control.
54. Entire Agreement
These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Company regarding the Application and supersede all prior and contemporaneous agreements, representations, warranties, and understandings, whether written or oral, regarding the subject matter hereof. No amendment to these Terms shall be effective unless made in writing by the Company.
55. Severability and Reformation
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified and interpreted to accomplish the objectives of the original provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect. If modification is not possible, the invalid provision shall be severed and the remainder of these Terms shall be enforced as written. The invalidity or unenforceability of any provision in one jurisdiction shall not affect the validity or enforceability of that provision or any other provision in any other jurisdiction.
56. Waiver
No failure or delay by the Company in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise thereof. A waiver of any right or remedy on one occasion shall not be construed as a waiver of that right or remedy on any subsequent occasion.
57. Assignment
You may not assign, delegate, or transfer these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent shall be null and void. We may freely assign these Terms and all rights and obligations hereunder to any successor in interest, acquirer, parent company, subsidiary, or affiliate, or in connection with any merger, acquisition, reorganization, sale of assets, or similar transaction, without your consent and without notice.
58. No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns. Nothing in these Terms shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms, except that the Released Parties (as defined herein) are intended third-party beneficiaries of the indemnification, limitation of liability, and disclaimer provisions.
59. Relationship of the Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Company. Neither party has the authority to bind the other or to incur any obligation on the other's behalf.
60. Notices
We may provide notices to you through the Application, through update notes in the App Store or Google Play, by email (if you have provided one), or by posting on our website. Notices from you to us must be sent to toolsblackbox@gmail.com. Notice shall be deemed given when sent (for email), when posted (for in-app or website notices), or when published (for App Store update notes).
61. Electronic Communications Consent
By using the Application, you consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
62. Export Compliance
You represent and warrant that you are not located in a country that is subject to a United States Government embargo or that has been designated by the United States Government as a "terrorist supporting" country, and that you are not listed on any United States Government list of prohibited or restricted parties. You agree to comply with all applicable export control laws, sanctions, and regulations in connection with your use of the Application.
63. Government Users
If you are a government entity or government user, the Application is provided with "RESTRICTED RIGHTS" and "LIMITED RIGHTS" as defined in applicable federal acquisition regulations. Use, duplication, or disclosure by the government is subject to restrictions set forth in these Terms and applicable law.
64. Sovereign Immunity Waiver
If you are a government entity, governmental agency, or any other entity that may assert sovereign immunity as a defense, you hereby waive, to the fullest extent permitted by applicable law, any claim of sovereign immunity with respect to any dispute arising out of or relating to these Terms or the Application. You consent to the jurisdiction and dispute resolution procedures set forth herein.
65. No Admission of Liability
Nothing in these Terms shall be construed as an admission of liability, wrongdoing, fault, negligence, or responsibility by the Released Parties. The inclusion of any disclaimer, limitation, or protective provision does not constitute an acknowledgment that the Released Parties have engaged in or may engage in any conduct giving rise to liability. No provision of these Terms shall be used as evidence of or construed as an admission of wrongdoing in any legal, administrative, regulatory, or arbitral proceeding.
66. Platform Store Terms
You acknowledge and agree that: (a) these Terms are between you and Diego Cordova only, and not with Apple Inc. ("Apple") or Google LLC ("Google"); (b) the respective Platform Store has no obligation to provide maintenance or support for the Application; (c) in the event of any failure of the Application to conform to any applicable warranty, the Platform Store's maximum liability is limited to refunding the purchase price of the Application, if applicable; (d) the Platform Store has no obligation to address any claims by you or any third party relating to the Application; (e) in the event of any third-party claim that the Application infringes that third party's intellectual property rights, responsibility for investigation, defense, settlement, and discharge is between you and Diego Cordova; and (f) Apple, Google, and their subsidiaries are third-party beneficiaries of these Terms and have the right to enforce these Terms against you.
67. Apple-Specific Terms
If you access the Application on an Apple device, you acknowledge that these Terms are between you and Diego Cordova only, and that Apple has no obligation to provide any maintenance, support, or warranty for the Application. You agree to comply with all applicable third-party agreement terms when using the Application (e.g., wireless data service agreements). Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you.
68. Google Play-Specific Terms
If you access the Application through Google Play, you acknowledge that Google has no obligation or liability to you with respect to the Application or these Terms. You agree to comply with Google Play's Terms of Service in your use of the Application.
69. Accessibility
The Application may include accessibility features; however, we make no warranty, guarantee, representation, or commitment regarding the Application's compliance with any specific accessibility standard, guideline, regulation, or law, including but not limited to the Americans with Disabilities Act (ADA), Section 508, WCAG, or any equivalent international standard. Any accessibility features provided are on an as-is, voluntary basis and do not create any ongoing obligation. If you experience accessibility issues, you may contact us at toolsblackbox@gmail.com, though we are under no obligation to respond or remediate.
70. International Users
The Application is available internationally through Apple's App Store and Google Play. If you access the Application from outside the United States, you do so at your own risk and are responsible for compliance with local laws. These Terms are governed by Oklahoma law regardless of your location. You acknowledge that the Application may not be appropriate or available for use in all locations.
71. Injunctive Relief
Notwithstanding the arbitration provision in Section 42, 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, without the necessity of posting a bond or proving actual damages.
72. Cumulative Remedies
All rights and remedies provided in these Terms are cumulative and not exclusive of any other rights or remedies provided by law, equity, or any other agreement. The exercise of one remedy does not preclude the exercise of any other remedy.
73. Construction and Interpretation
These Terms shall not be construed against the drafter. The headings in these Terms are for convenience only and shall not affect interpretation. The words "include," "includes," and "including" shall be deemed to be followed by "without limitation." References to "Sections" refer to sections of these Terms. The word "or" is not exclusive.
74. Survival
All provisions of these Terms that by their nature should survive termination shall survive, including without limitation: ownership provisions, warranty disclaimers, limitation of liability, indemnification obligations, arbitration provisions, class action waiver, jury trial waiver, governing law, assumption of risk, data loss disclaimers, intellectual property protections, and all definitions necessary to interpret surviving provisions.
75. Insurance Disclaimer
THE RELEASED PARTIES DO NOT MAINTAIN, AND ARE NOT REQUIRED TO MAINTAIN, ANY INSURANCE POLICY OF ANY KIND COVERING OR RELATING TO THE APPLICATION, ITS USERS, OR ANY CLAIMS ARISING FROM YOUR USE OF THE APPLICATION, INCLUDING BUT NOT LIMITED TO: PROFESSIONAL LIABILITY INSURANCE, ERRORS AND OMISSIONS INSURANCE, CYBER LIABILITY INSURANCE, GENERAL LIABILITY INSURANCE, OR PRODUCT LIABILITY INSURANCE. YOU ACKNOWLEDGE THAT YOU USE THE APPLICATION WITH FULL KNOWLEDGE THAT NO INSURANCE COVERAGE EXISTS TO COMPENSATE YOU FOR ANY LOSS, DAMAGE, OR INJURY ARISING FROM YOUR USE OF THE APPLICATION.
76. Voluntary Communications
Any responses we provide to support requests, bug reports, feature requests, feedback, or other communications are provided on a voluntary, non-obligatory, as-is basis. No communication from us, whether by email, in-app message, app store response, social media, or otherwise, shall be construed as: (a) a warranty or guarantee of any kind; (b) professional, legal, financial, or technical advice; (c) an amendment or modification of these Terms; (d) a waiver of any right or remedy; or (e) an obligation to provide continued support or communication. All voluntary communications are provided without prejudice to any right or remedy available to the Released Parties.
77. No Obligation to Investigate
The Released Parties have no obligation to investigate, monitor, verify, validate, audit, or otherwise confirm: (a) the accuracy, completeness, or legality of any User Content; (b) the compliance of any user with these Terms or applicable law; (c) the accuracy of any price information, link content, or third-party data displayed within the Application; (d) the security practices of any third-party service accessed through the Application; or (e) any claim, complaint, or report submitted by any user or third party. Any investigation or action we take is voluntary and does not create any ongoing obligation.
78. Pre-Dispute Acknowledgment
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT: (A) YOU HAVE READ THESE TERMS IN THEIR ENTIRETY AND UNDERSTAND THEIR MEANING AND EFFECT; (B) YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL BEFORE ACCEPTING THESE TERMS; (C) YOU ARE NOT RELYING ON ANY REPRESENTATION, WARRANTY, OR STATEMENT NOT CONTAINED IN THESE TERMS; (D) YOU VOLUNTARILY AND KNOWINGLY ACCEPT THE ARBITRATION PROVISION, CLASS ACTION WAIVER, JURY TRIAL WAIVER, LIMITATION OF LIABILITY, AND ALL OTHER PROVISIONS OF THESE TERMS; (E) THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS ARE FAIR AND REASONABLE GIVEN THE FREE OR LOW-COST NATURE OF THE APPLICATION; AND (F) YOU HAVE RECEIVED ADEQUATE CONSIDERATION FOR ALL AGREEMENTS MADE HEREIN.
79. No Class Certification
You agree that no arbitrator, court, or other adjudicative body shall have the authority to certify any class, collective, consolidated, representative, or multi-party proceeding involving any claim by you against the Released Parties. This prohibition applies regardless of whether the proceeding is styled as an arbitration, litigation, administrative proceeding, or any other form of adjudication.
80. User Responsibility for Legal Compliance
You are solely and exclusively responsible for determining whether your use of the Application, and the manner in which you save, organize, manage, share, export, or otherwise handle content through the Application, complies with all applicable laws, regulations, court orders, contractual obligations, and professional or ethical standards in your jurisdiction. The Application is a general-purpose tool, and the Released Parties make no representation that any particular use of the Application is legally permissible in any particular jurisdiction.
81. Waiver of Injunctive Relief Against Company
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOU WILL NOT SEEK, AND HEREBY WAIVE ANY RIGHT TO SEEK, INJUNCTIVE OR OTHER EQUITABLE RELIEF AGAINST THE RELEASED PARTIES THAT WOULD RESTRICT, IMPAIR, OR INTERFERE WITH THE OPERATION, MODIFICATION, DISTRIBUTION, LICENSING, OR DISCONTINUATION OF THE APPLICATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION WITH THE APPLICATION IS TO STOP USING IT AND DELETE IT FROM YOUR DEVICE(S).
82. Comprehensive Release of Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, PAST, PRESENT, OR FUTURE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE APPLICATION. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY." RESIDENTS OF OTHER JURISDICTIONS WAIVE ANY COMPARABLE LAW OR PRINCIPLE.
83. Maximum Risk Allocation
YOU ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES' TOTAL AGGREGATE RISK EXPOSURE UNDER THESE TERMS AND IN CONNECTION WITH THE APPLICATION, REGARDLESS OF FORM OF ACTION, CAUSE OF ACTION, OR THEORY OF LIABILITY, SHALL NOT EXCEED FIVE UNITED STATES DOLLARS (USD $5.00) IN THE AGGREGATE, CUMULATIVE, AND TOTAL FOR ALL CLAIMS BY ALL CLAIMANTS COMBINED, ACROSS ALL TIME PERIODS. THIS RISK ALLOCATION REFLECTS THE FREE OR NOMINAL-COST NATURE OF THE APPLICATION AND IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. YOU ACKNOWLEDGE THAT DIEGO CORDOVA WOULD NOT PROVIDE THE APPLICATION WITHOUT THIS LIMITATION.
84. No Fiduciary Duty
Nothing in these Terms or in the provision of the Application creates or shall be construed to create any fiduciary duty, duty of care, duty of loyalty, trust relationship, confidential relationship, or special relationship between the Released Parties and you, beyond the express contractual obligations stated herein. The Released Parties are not your advisor, counselor, fiduciary, agent, or trustee in any capacity.
85. Remedies for Breach by User
In the event of any breach of these Terms by you, in addition to all other remedies available at law or in equity, the Company shall be entitled to: (a) immediately terminate your license without notice; (b) seek injunctive or other equitable relief without the necessity of posting bond or proving actual damages; (c) recover liquidated damages as specified in Section 48; (d) recover all attorneys' fees, costs, and expenses as specified in Section 49; and (e) pursue any other remedy available under applicable law. The Company's remedies are cumulative and not exclusive.
86. Changes to These Terms
We reserve the right to modify, amend, or update these Terms at any time, in our sole discretion, with or without prior notice. The "Last updated" date at the top of this page will be revised to reflect the date of the most recent changes. Material changes may be communicated through the Application, through update notes in the App Store or Google Play, or through the BlackBox Tools website. Your continued use of the Application after any changes to these Terms constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms periodically for changes.
87. Contact Information
If you have questions, concerns, or requests regarding these Terms, you may contact us at:
Email: toolsblackbox@gmail.com
Entity: Diego Cordova, operating as Screencrate / BlackBox Tools
Jurisdiction: Tulsa, Oklahoma, United States of America
These Terms of Service were last reviewed and updated on July 8, 2026.