Terms of Service
The short version
- Drift is a self-tracking tool, not medical advice. It's a good companion to a plan; it isn't a substitute for a doctor.
- Subscriptions are weekly and auto-renew through Apple or Google. Cancel anytime in your phone's settings; refunds go through Apple or Google, not us.
- A Commitment is a one-time, non-refundable purchase. The money is spent when you buy it — it isn't held for you and doesn't come back, whether or not you hit your goals.
- Every number Drift shows — averages, streaks, scores, "saved" totals, projections — is an estimate built from what you enter.
- Disputes go to individual arbitration rather than court, and you give up class actions — unless you opt out within 30 days, which you're free to do (Section 21).
This summary is for convenience only. The full text below is what governs.
These Terms of Service (the "Terms") are a binding agreement between you and We Sell Things LLC, a Delaware limited liability company ("Drift", "we", "us", or "our"). They govern your access to and use of the Drift mobile application, its home-screen and lock-screen widgets, our websites, our APIs, notifications we send you, and any related services (together, the "Service").
By downloading, installing, creating an account for, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.
1. Changes to these Terms
We may change these Terms from time to time. If a change is material, we will give you notice through the app, by email, or by updating the "Last updated" date and posting the revised Terms at this URL before they take effect. Changes are not retroactive and apply to your use of the Service after the effective date. Your continued use of the Service after a change takes effect means you accept the revised Terms. If you do not accept them, your remedy is to stop using the Service and cancel your subscription.
Changes to Section 21 (Dispute Resolution) do not apply to any dispute for which we had actual notice before the change took effect.
2. Eligibility and age requirements
- You must be at least 13 years old to use the Service. If you are between 13 and the age of legal majority where you live, you may use the Service only with the consent and supervision of a parent or legal guardian who agrees to these Terms on your behalf and is responsible for your use of the Service.
- You must be at least 18 years old (or the age of legal majority where you live, if higher) to make any purchase through the Service, including any subscription and any Commitment described in Section 8.
- You must have the legal capacity to enter into a binding contract, and you must not be barred from using the Service under the laws of your country or of the United States.
- You must not be located in, or a resident of, a country or region subject to comprehensive U.S. sanctions, and you must not appear on any U.S. government restricted-party list.
Drift is designed for tracking the moderation of adult behaviors, including alcohol, tobacco, nicotine, and similar categories. The Service does not sell, supply, encourage, or endorse the use of any of these. If content of this nature is not appropriate for you, do not use the Service.
3. Your account
You need an account to use most of the Service. You may create one with an email address and password, or by using Sign in with Apple or Google Sign-In. You agree to:
- Provide accurate information and keep it current.
- Keep your credentials confidential and not share your account with anyone.
- Maintain one account per person. Creating multiple accounts to obtain rewards, promotional pricing, or additional trials is a breach of these Terms.
- Contact us through our Support page promptly if you suspect unauthorized use of your account.
You are responsible for all activity that occurs under your account. We are not liable for any loss arising from unauthorized use of your account, including any Commitment forfeited or purchase made by someone using your device or credentials.
You may delete your account at any time using the instructions on our Support page. Deleting your account does not cancel your subscription — see Section 6.
4. What Drift is — and what it is not
Drift is a self-tracking tool, not medical advice or a medical device. It does not diagnose, treat, cure, mitigate, or prevent any disease, disorder, addiction, or condition, and using it does not create a doctor–patient, therapist–client, counselor, or other professional relationship between you and us.
You acknowledge and agree that:
- We are not clinicians. Everything the app produces — goal suggestions, automatic goal-tightening schedules, reminders, and every number it displays — is general-purpose software output, not guidance tailored to your health, medication, history, or circumstances.
- Talk to a professional before changing your intake of any substance. Cutting down carries real medical considerations, and with some substances — alcohol in particular — reducing too quickly can be genuinely unsafe. A qualified healthcare provider should shape the plan; Drift is there to help you keep to it. Where their guidance and the app differ, follow theirs.
- Drift isn't built for emergencies. For a medical or mental-health emergency, or thoughts of self-harm, contact your local emergency number or a crisis line — in the United States, call or text 988.
- The goals are yours. You decide what to track, what baseline to enter, what target to set, and whether to reduce or build a behavior. Those decisions, and their consequences, are your own.
- We don't promise outcomes. We make no representation or warranty that using Drift will change any behavior, improve your health, save you money, or produce any particular result.
5. Your data, and the numbers Drift shows you
Drift's entire output is derived from information you enter: the habits you create, the baseline you claim, the per-unit cost, calorie, or time values you supply, the counts you log, the pauses you take, and your device's time zone.
- Everything shown is an estimate. Moving averages, daily-equivalent targets, on-track status, streaks, Drift Score, projections, "saved" or "earned" money, calories, and time totals are calculated estimates. They are not statements of fact, financial advice, nutritional advice, or a guarantee of anything.
- Garbage in, garbage out. If your entries, baselines, or per-unit values are inaccurate or incomplete, the results will be too. We do not verify what you enter and have no way to do so.
- Timing depends on your device. Day boundaries, end-of-day evaluations, streak calculations, and reward eligibility are evaluated using the time zone reported by your device and our servers' clocks. Travel, time-zone changes, device clock changes, offline periods, and sync delays can affect which day an entry lands on and how a period is evaluated.
- Calculations may change. We may modify or improve how any metric is calculated at any time. Recalculation may change historical figures, including streaks and scores.
- Not a system of record. Do not rely on Drift as your sole record of anything that matters to you medically, financially, or legally. Keep your own records.
You retain ownership of the data you create in Drift. You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display that data solely to operate, secure, support, and improve the Service, and as described in our Privacy Policy. This license ends when you delete the data or your account, except for backups and records we are required to retain, and except for aggregated or de-identified data that cannot reasonably be linked back to you.
6. Subscriptions, billing, and cancellation
Auto-renewing subscriptions
Drift's full functionality requires a paid, auto-renewing weekly subscription, offered in tiers:
- Lightly committed — $0.99 per week
- I can do it — $4.99 per week
- Generational lock-in — $9.99 per week
The tiers differ in price only; the features are the same. Prices shown are in U.S. dollars and may differ by country, currency, tax treatment, and platform. The price and billing period displayed on the purchase screen at the time you buy is the price that governs.
How billing works
- Payment is charged to your Apple ID or Google Play account when you confirm the purchase.
- Your subscription renews automatically every week at the then-current price, and will continue to renew until you cancel.
- Your account is charged for the renewal within 24 hours before the end of the current period, unless you cancel at least 24 hours before that period ends.
- Apple and Google are the merchants of record for these purchases. They — not we — process your payment, hold your payment details, apply taxes, and control the timing of renewals. We never see your card or bank details.
Cancelling
You can cancel at any time through your platform's subscription settings:
- iOS: Settings → [your name] → Subscriptions → Drift → Cancel Subscription
- Android: Google Play Store → profile → Payments & subscriptions → Subscriptions → Drift → Cancel subscription
Cancellation takes effect at the end of the current billing period, and you keep access until then. Deleting the app or deleting your Drift account does not cancel your subscription — you must cancel through Apple or Google. Uninstalling the app while a subscription is active will not stop renewals or charges.
Refunds
Except where a refund is required by applicable law, all charges are final and non-refundable, and partial periods are not refunded or pro-rated. Because Apple and Google process payments, all refund requests must go to them; we have no technical ability to refund a platform purchase. See Apple's refund instructions or Google Play's refund instructions. Nothing here limits any non-waivable statutory right you may have, including cancellation and withdrawal rights available to consumers in the EU, UK, and certain other jurisdictions.
Price changes
We may change subscription prices. A price change will not take effect for you until the beginning of a subsequent billing period, and we (or the platform) will give you notice and, where required, obtain your consent before the new price applies. If you do not accept a price change, cancel before it takes effect.
Chargebacks
If you initiate a chargeback or payment dispute rather than following the refund process above, we may suspend or terminate your account and revoke any associated benefits, including any active Commitment, promotional pricing, or reward, without further liability to you.
7. Free Week and other rewards
Drift may offer promotional rewards, including the "Free Week" — an offer that, if earned and claimed, makes your next subscription renewal $0.
- Eligibility is determined solely by us. Eligibility is evaluated automatically by our servers from your habit data and subscription state, based on rules we set and may change. Our determination is final, subject to Section 21.
- There is a limited claim window. An earned offer must be claimed inside the window shown in the app, which opens shortly before your renewal and closes before the platform processes the renewal charge. If you do not claim it in time, the offer lapses and your subscription renews at the normal price.
- Timing is partly outside our control. Apple and Google control when renewals are processed and when promotional pricing is applied. A claim made too close to a renewal, a delayed platform sync, or a failed notification may result in the reward applying to a later renewal or not applying at all.
- The reward applies forward only. It reduces a future renewal. It never refunds a period already paid for, and it has no cash value, cannot be exchanged, transferred, sold, or redeemed for money.
- We may change or end rewards. We may modify, suspend, or discontinue any reward program, or change its rules and eligibility criteria, at any time, including for offers already earned but not yet claimed, where required for legal, technical, or platform reasons.
- No compensation for missed rewards. If you believe a reward was earned but not granted, contact support and we will look into it. Except where liability cannot lawfully be excluded, we are not liable for any reward that is not granted, not delivered, not claimed in time, or reversed, and our maximum responsibility is to apply an equivalent credit at our discretion.
- Fraud voids rewards. Falsifying entries, manipulating your device clock or time zone, tampering with the app or our API, or using multiple accounts to obtain rewards voids them, and we may reverse them and terminate your account.
8. Commitments (the "pledge" feature)
A Commitment is a purchase, not a deposit. Buying one is a one-time, non-refundable purchase of a feature that puts a stake behind your goals inside the app. The money is spent at the moment of purchase — we don't hold it for you, it isn't an escrow, deposit, trust, savings balance, stored value, credit, or investment, you can't withdraw it, and it isn't returned or paid out to you, whether or not you meet your goals. "Forfeiting" doesn't move money; it ends the Commitment's status inside the app.
Here is how the feature works, and what you're agreeing to:
What you are buying
- A Commitment is purchased as a consumable in-app purchase through Apple or Google at a fixed price ($5, $20, $50, or $100, or such amounts as we offer from time to time). The purchase is final and non-refundable except where a refund is required by applicable law.
- What you receive in exchange is the in-app Commitment feature itself: the display of your staked amount, the accountability mechanic tied to it, and the associated tracking and notifications. That is the entire product. There is no other good, service, benefit, payout, or return associated with it.
- Buying an additional Commitment while one is active adds to the displayed amount rather than starting a separate one.
No prize, no payout, no chance
- You cannot win money or anything of value. There is no prize, jackpot, pot, pool, payout, refund, credit, or return of any kind associated with a Commitment, and no other user, and no third party, receives anything as a result of your outcome.
- Nothing is left to chance. Whether your Commitment ends in a forfeit depends entirely on your own logged conduct measured against goals you set yourself. It is not a wager, bet, lottery, sweepstakes, contest, game of chance, or gaming activity of any kind, and no consideration is staked against an uncertain event outside your control.
- We are not a financial institution. We do not provide money transmission, custody, banking, payment, or savings services, and no Commitment amount is held on your behalf in any account.
Eligibility, arming, and forfeiture
- You may only start a Commitment when all of your active habits are on track, as evaluated by our servers at the time of purchase.
- A new Commitment is not at risk immediately. It becomes active only after our system observes a qualifying day under it, so that you cannot forfeit for a state you were already in when you bought it.
- Once active, your Commitment is evaluated automatically at the end of each of your local days. If any active habit fails that day's evaluation under the rules then in effect, the entire Commitment is forfeited at once — including any amounts added by later top-ups. Partial forfeiture does not exist.
- The exact evaluation rules differ by habit type and are described in the app. The rules described in the app at the time of evaluation govern, and we may change them, along with the amounts offered and the availability of the feature, at any time.
- Pausing a habit, deleting a habit, changing a goal, editing past entries, closing your account, or losing access to the Service does not return, refund, restore, or preserve any Commitment amount.
Your acknowledgements
- You are at least 18, you are spending your own money, and you can comfortably afford the amount.
- You are buying the feature voluntarily as a motivational tool, understanding that the money is spent at purchase.
- You won't use the feature where it is unlawful, or if staking money on your own behavior isn't good for you — it's a tool that suits some people and not others, and it's entirely optional. The feature is void where prohibited.
- If compulsive spending or gambling is something you deal with, skip this feature. Support is available; in the United States, the National Problem Gambling Helpline is 1-800-522-4700.
- Software, servers, notifications, time zones, and platform receipts can fail. Except where liability cannot lawfully be excluded, we are not liable for a Commitment forfeited due to an error, outage, delay, sync failure, missed notification, or miscalculation, and our maximum responsibility for any such event is to restore the Commitment's status inside the app or grant an equivalent credit, at our discretion.
9. Notifications and reminders
The Service sends push notifications — habit reminders, quick-log actions, end-of-day and reward messages, and Commitment-related alerts. You agree that:
- Delivery is not guaranteed. Notifications depend on Apple, Google, your carrier, your network, your device settings, battery and focus modes, and our servers. They may be delayed, duplicated, suppressed, or never delivered.
- You must not rely on notifications for anything time-sensitive or consequential, including preserving a streak, claiming a reward, or protecting a Commitment.
- Quiet hours and frequency settings are best-effort and may shift the timing of a message.
- You may turn notifications off at any time in the app or in your device settings. Some notifications relate to your account, billing, or security; if you disable them, you remain responsible for staying informed through the app.
10. Widgets, sharing, and device features
Drift can display data in home-screen and lock-screen widgets, generate shareable images of your progress, save those images to your device's photo library, and hand them to other apps such as Instagram. If you use these features:
- Widget data is stored on your device and may be visible to anyone who can see your screen, including on a locked device. You are responsible for what you choose to display.
- Anything you share leaves the Service and becomes subject to the terms and privacy practices of the app, platform, or person you share it with. We cannot retrieve, delete, or control it once shared.
- You are solely responsible for the content you share and for the consequences of sharing information about your own habits.
11. Acceptable use
You agree not to, and not to attempt to:
- Copy, modify, translate, distribute, sell, sublicense, rent, or create derivative works from any part of the Service.
- Reverse engineer, decompile, or disassemble the Service, or attempt to derive its source code, except to the extent this restriction is prohibited by law.
- Access the Service through automated means (bots, scrapers, scripts, emulators, modified clients) or use it other than through the official app.
- Interfere with, overload, probe, or attempt to gain unauthorized access to the Service, our servers, our APIs, or any other user's account or data.
- Circumvent, disable, or tamper with authentication, rate limits, purchase verification, receipt validation, or any security or usage-control feature.
- Submit forged, replayed, or fraudulent purchase receipts or transaction identifiers, or manipulate your device clock, time zone, or locally stored data to alter evaluations, streaks, rewards, or Commitment outcomes.
- Use the Service for any unlawful purpose, or to promote, facilitate, or supply alcohol, tobacco, nicotine, controlled substances, or other regulated goods.
- Use the Service to harass, harm, or impersonate anyone, or upload content that is unlawful or infringes anyone's rights.
- Use the Service on a jailbroken, rooted, or otherwise modified device where doing so compromises the integrity of purchases or data.
We may investigate suspected violations and take any action we consider appropriate, including reversing rewards, voiding Commitments, and suspending or terminating accounts.
12. Our intellectual property
The Service — including its software, design, text, graphics, icons, fonts as licensed, layouts, and the "Drift" name and logo — is owned by us or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on devices you own or control, for your own personal, non-commercial use. All rights not expressly granted are reserved. Feedback you send us may be used freely, without obligation or compensation to you.
13. Third-party services
The Service relies on third parties, including Apple, Google (including Firebase authentication and messaging), our hosting and database providers, our analytics provider, and the advertising-measurement provider described in our Privacy Policy. Their availability, changes, outages, and policies are outside our control, and we are not responsible for them. Your use of Apple's and Google's services is governed by their own terms and privacy policies. Links from the Service to third-party sites or apps are provided for convenience and do not imply endorsement.
14. Apple-specific terms
If you obtained the app from the Apple App Store, the following apply and prevail over any conflicting provision in these Terms as between you and Apple:
- These Terms are between you and us only, not with Apple. We, not Apple, are solely responsible for the app and its content.
- Apple has no obligation to furnish any maintenance or support services for the app.
- If the app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price of the app (if any). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
- We, not Apple, are responsible for addressing any claim by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and claims under consumer protection or similar legislation.
- We, not Apple, are responsible for investigating, defending, settling, and discharging any third-party claim that the app infringes intellectual property rights.
- 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 restricted-party list.
- You must comply with applicable third-party terms of agreement when using the app.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, have the right to enforce them against you.
15. Availability, changes, and data loss
We may modify, suspend, limit, or discontinue the Service or any feature — including subscription tiers, rewards, and the Commitment feature — at any time, with or without notice. We may impose usage limits, run maintenance, and release features that are experimental or incomplete.
We take reasonable measures to protect your data, but we do not guarantee that data will never be lost, corrupted, or made temporarily unavailable, and we are not a backup service. To the extent permitted by law, we are not liable for lost or corrupted data, lost streaks, lost scores, lost history, or missed evaluations. Export your data if it matters to you.
16. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if we suspect fraud or abuse, if required by law or a platform, or if we discontinue the Service.
On termination: your license ends, your right to use the Service stops, any active Commitment ends with no refund or return of the amount, any unclaimed reward is void, and your data is handled as described in our Privacy Policy. Termination does not cancel your Apple or Google subscription — you must cancel that yourself. Sections that by their nature should survive termination will survive, including Sections 5, 8, 12, and 17 through 22.
17. Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.
In particular, we don't warrant that the Service will be uninterrupted, secure, timely, or error-free; that any calculation, evaluation, streak, score, estimate, or notification will be accurate, complete, or delivered; or that the Service will meet your requirements or produce any particular health, behavioral, or financial outcome.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you. In that case, any implied warranty is limited to the shortest period permitted by law.
18. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the above, this includes: any health, medical, psychological, or behavioral outcome arising from your use of the Service or from a goal you set; any Commitment amount spent or forfeited; any reward not earned, not delivered, or not claimed; any subscription charge incurred because a subscription was not cancelled; any undelivered, delayed, or inaccurate notification; and any lost, incorrect, or reset streak, score, entry, or history.
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
These limitations apply even if a limited remedy fails of its essential purpose, and they are a fundamental basis of the bargain between us. Some jurisdictions do not allow the exclusion or limitation of certain damages — including, in some places, liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation — so some of the above may not apply to you, and nothing in these Terms limits liability that cannot lawfully be limited.
19. Indemnification
To the extent permitted by law, you agree to defend, indemnify, and hold harmless We Sell Things LLC and its members, officers, employees, contractors, and agents from any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your violation of these Terms or applicable law; your violation of anyone's rights; the data or content you submit or share; or any decision you make about your own health, behavior, or spending in connection with the Service.
20. Assumption of risk
You use the Service voluntarily and at your own risk, and you're responsible for your own health, behavior, goals, and spending, including any decision to buy a Commitment. To the extent permitted by law, you accept the risks that come with a behavior-tracking and self-motivation tool — among them that goals, reminders, streaks, scores, and stakes create pressure, which is the point for some people and the wrong fit for others. If it's the wrong fit for you, stop using it.
21. Dispute resolution — arbitration and class action waiver
This section affects your legal rights, so it's worth a read. It sends most disputes to individual binding arbitration instead of court, means you give up a jury trial and class actions, and gives you 30 days to opt out if you'd rather not.
Informal resolution first
Before starting any proceeding, you agree to first contact us using the address on our Support page, with a description of the dispute, the relief you seek, and your account email. We will do the same for any claim we have against you. Both parties agree to try in good faith to resolve the dispute for 60 days after that notice. This step is a condition precedent to starting arbitration, and any limitations period is tolled during it.
Binding individual arbitration
If we cannot resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach, or termination, and including claims that arose before you accepted these Terms — will be resolved by final and binding individual arbitration, administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.
Arbitration will take place in the county where you live or, at your election, by telephone, videoconference, or on documents only. A single arbitrator will decide the dispute and may award the same individual relief a court could. We will pay AAA filing and arbitrator fees to the extent required by the AAA rules for consumer cases. The arbitrator's award may be entered as a judgment in any court of competent jurisdiction.
What is excluded
Either party may bring an individual claim in small-claims court if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or to stop unauthorized access to the Service. Nothing here prevents you from reporting a matter to a government agency.
Class action and jury waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE PROCEEDING. YOU AND WE WAIVE ANY RIGHT TO A JURY TRIAL.
If this class-action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, while all other claims proceed in arbitration. If the entire arbitration agreement is found unenforceable, disputes will be resolved in the courts identified in Section 22.
Coordinated filings
If 25 or more similar arbitration demands are filed by or with the assistance of the same counsel or coordinated entity, the AAA's mass-arbitration or multiple-case-filing procedures will apply, and the parties will cooperate to have the cases batched for efficient resolution.
Your right to opt out
You may opt out of this arbitration and class-waiver section by writing to us at the address on our Support page, with the subject line "Arbitration Opt-Out" and including your name and account email, within 30 days of first accepting these Terms. Opting out affects only this Section 21; the rest of the Terms still apply, and opting out will not affect your use of the Service in any way.
22. Governing law and venue
These Terms and any dispute arising from them are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to Section 21. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Delaware, and waive any objection to venue or inconvenient forum.
If you are a consumer resident in the European Union, the United Kingdom, or another jurisdiction whose law grants you rights that cannot be waived by contract, nothing in these Terms deprives you of the protection of the mandatory provisions of the law of your country of residence, or of the right to bring proceedings in the courts of that country.
23. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service, and supersede any prior agreement or understanding.
- Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary, and the rest remains in effect.
- No waiver. Our failure to enforce a provision is not a waiver of it.
- Assignment. You may not assign these Terms without our written consent. We may assign them, in whole or in part, in connection with a merger, acquisition, reorganization, or sale of assets.
- Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including outages, platform failures, network failures, natural events, and government action.
- No third-party beneficiaries, except Apple as stated in Section 14.
- Notices and electronic communications. You consent to receive communications from us electronically — by email, in-app message, or notification — and agree that these satisfy any legal requirement that a communication be in writing. Notices to us must be sent to the address listed on our Support page.
- Headings and summaries are for convenience only and have no legal effect.
- Language. These Terms are drafted in English; any translation is provided for convenience, and the English version governs.
24. Contact
Questions about these Terms? Reach us through our Support page, which lists our current contact address.
We Sell Things LLC
For California residents: you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.