Agreement to these terms
These Terms of Use (“Terms”) are a binding agreement between you and Obsidian Stone LLC (“Obsidian Stone,” “we,” “us”) governing your use of obsidianstonegroup.com, our mobile applications (the “Apps”) and our online stores (together, the “Services”). By using the Services you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.
These Terms also serve as the End User License Agreement (EULA) for our Apps. If an App is offered with Apple’s Standard Licensed Application End User License Agreement, these Terms supplement it.
Eligibility
You must be at least 18 years old, or the age of majority where you live, to use the Services or make purchases. By using the Services you confirm that you meet this requirement.
License to use the Apps
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Apps for personal, non-commercial purposes on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
You may not copy, modify, reverse-engineer, decompile, rent, lease, sell, sublicense or redistribute the Apps, or attempt to circumvent any security or usage limits, except as permitted by law.
Purchases and subscriptions
Some Apps offer optional in-app purchases and auto-renewable subscriptions. For purchases made through the App Store:
- Payment is charged to your Apple ID account at confirmation of purchase.
- Subscriptions renew automatically at the same price and duration unless canceled at least 24 hours before the end of the current period. Your account is charged for renewal within 24 hours before the end of the current period.
- You can manage and cancel subscriptions in your device’s Settings → [your name] → Subscriptions. Deleting the App does not cancel a subscription.
- If a free trial is offered, any unused portion is forfeited when you purchase a subscription.
- Prices, features and plan lengths are shown in the App before you buy and may vary by region.
- Refunds for App Store purchases are handled by Apple under its policies. You can request one at reportaproblem.apple.com.
Acceptable use
You agree not to: use the Services for any unlawful purpose; infringe anyone’s rights; upload malware or interfere with the Services; attempt unauthorized access to our systems or other users’ data; use the Services to monitor anyone without their knowledge or consent where that is unlawful; or scrape, resell or exploit the Services without our written permission.
Your content
You retain ownership of any content you create or submit through the Services. You grant us a limited license to host and process that content only as needed to operate the Services for you. You are responsible for your content and confirm you have the rights to it.
Intellectual property
The Services, including all software, designs, text, graphics, logos and the “Obsidian Stone” name, are owned by Obsidian Stone LLC or its licensors and are protected by intellectual-property laws. Except for the license granted above, no rights are transferred to you.
Third-party services
The Services may rely on or link to third-party services (such as Apple, payment processors and shipping carriers). Your use of those services is governed by their terms, and we are not responsible for them. You must comply with applicable third-party terms when using the Apps (for example, your wireless carrier’s terms).
Disclaimers
The Services are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Services will be uninterrupted, error-free or secure.
Our Apps are tools to assist you and are not a substitute for your own judgment, supervision or professional advice. Do not rely on any App as your sole means of ensuring the safety of any person, pet or property.
Limitation of liability
To the fullest extent permitted by law, Obsidian Stone LLC will not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of data, profits or revenue, arising from your use of the Services. Our total liability for any claim will not exceed the greater of the amount you paid us for the relevant Service in the 12 months before the claim, or US $50.
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
Indemnification
You agree to indemnify and hold harmless Obsidian Stone LLC and its members, employees and agents from claims, losses and expenses (including reasonable attorneys’ fees) arising from your misuse of the Services or violation of these Terms.
Termination
We may suspend or end your access to the Services at any time if you violate these Terms. You may stop using the Services at any time. Sections that by their nature should survive termination will survive.
Additional terms for Apple App Store users
If you downloaded an App from the Apple App Store, you and we acknowledge that:
- Acknowledgement. These Terms are between you and Obsidian Stone LLC only, not Apple. Obsidian Stone LLC, not Apple, is solely responsible for the App and its content.
- Scope of license. Your license is limited to use on Apple-branded products you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- Maintenance and support. Obsidian Stone LLC is solely responsible for maintenance and support of the App. Apple has no obligation to provide any maintenance or support.
- Warranty. To the extent any warranty applies, Obsidian Stone LLC is solely responsible for it. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation regarding the App.
- Product claims. Obsidian Stone LLC, not Apple, is responsible for addressing any claims relating to the App, including product-liability claims, claims that the App fails to meet legal or regulatory requirements, and consumer-protection or privacy claims.
- Intellectual-property rights. If a third party claims the App infringes its intellectual-property rights, Obsidian Stone LLC, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
- Legal compliance. You represent that you are not located in a country subject to a U.S. Government embargo or designated as “terrorist supporting,” and that you are not on any U.S. Government list of prohibited or restricted parties.
- Developer contact. Questions, complaints or claims about the App should be directed to Obsidian Stone LLC, 2108 N St #17836, Sacramento, CA 95816, support@obsidianstonegroup.com.
- Third-party terms. You must comply with applicable third-party terms of agreement when using the App.
- Third-party beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Any dispute will be resolved in the state or federal courts located in Los Angeles County, California, and you consent to their jurisdiction, except where consumer-protection laws in your place of residence give you the right to bring claims locally.
Changes to these terms
We may update these Terms from time to time. The updated version will be posted on this page with a new effective date. If changes are material, we will provide reasonable notice. Continued use of the Services after changes take effect means you accept them.
Contact
Obsidian Stone LLC
2108 N St #17836
Sacramento, CA 95816
Email: support@obsidianstonegroup.com