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Terms of Service

Effective Date: October 14, 2026 • Last Updated: October 14, 2026

1. Acceptance of Terms

By downloading, installing, accessing, or using ClutterScrub ("the App"), or by tapping a button or other control that indicates your acceptance, you ("you" or "User") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not download, install, or use the App.

PLEASE READ SECTION 9 CAREFULLY. EXCEPT AS IT PROVIDES, IT REQUIRES YOU AND US TO RESOLVE DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES CLASS ACTIONS, CLASS ARBITRATIONS, AND JURY TRIALS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS SECTION 9.6 EXPLAINS. Sections 9.2 to 9.4 do not apply to consumers in the European Economic Area or the United Kingdom (Section 9.7).

These Terms constitute a legally binding agreement between you and ToTheTower Labs LLC, a California company ("we," "us," or "our"). You represent that you are at least 16 years of age and have the legal capacity to enter into this agreement. If you are under 18 (or under the age of majority where you live), you may use the App only if your parent or legal guardian has reviewed and agreed to these Terms on your behalf and accepts responsibility for your use of the App. If you use the App on behalf of an organization, you accept these Terms for that organization as well, and you represent that you are authorized to do so.

2. Description of Service

ClutterScrub is a storage cleaner that runs entirely on your device. It shows what takes up space on your device; finds exact copies, similar photos, large files, screenshots and screen recordings, media saved by messaging apps, and photos that look blurry, too dark, or too bright; and moves the files you pick to Android's trash after Android asks you to confirm. It can restore those files from the trash or, at your request and again after Android asks you to confirm, delete them for good. With your permission it shows how much space each app takes (the App never clears another app's data; it opens that app's page in Android's settings). It can also remind you weekly when your media grows, and run cleanup rules you define, each time you start one.

The App operates fully offline: it does not hold Android's internet permission and does not transmit your files or any other data. The App is offered on Google Play either as a paid app that includes every feature, or as a free app in which some features need an optional one-time in-app purchase (see Section 4).

The App sees only the media you give it access to; without Usage access it shows no per-app sizes; and the space Android reports for apps, media, and the system can differ from what other apps show. The App relies on Android, Google Play, and your device manufacturer's software, which we do not control and which may change how storage, the trash, permissions, or purchases work.

Updates and availability. We may release updates that add, change, or remove features, and some features or fixes may require that you install an update. We are not obligated to provide updates, maintenance, or support, to keep the App available on Google Play, or to keep it working with future versions of Android or with every device, and we may discontinue the App at any time. Pre-release versions, such as those offered through Google Play's testing tracks, are provided for evaluation and may contain more defects than released versions. If you are a consumer in the European Economic Area or the United Kingdom, this paragraph does not limit any obligation your national law places on us to supply the updates needed to keep the App in conformity.

3. Your Responsibilities

You agree to use the App only for lawful purposes and in accordance with these Terms. You are solely responsible for:

  • Deciding what to remove. The App suggests files to remove: copies, similar photos, a suggested copy to keep, large or old files, and photos that look blurry, too dark, or too bright. These suggestions are produced automatically and may be wrong, and you rely on them at your own risk. Before you confirm a removal, review what is selected; nothing is removed until you confirm it in Android's own dialog.
  • The trash and permanent deletion. A file moved to the trash stays restorable only until it is deleted for good: Android deletes it when its time in the trash runs out (30 days by default), and your device manufacturer's software, other apps, or a reset of the device may empty the trash sooner. A file you delete permanently cannot be recovered by the App. Android, not the App, keeps the trash.
  • Your cleanup rules. You choose the folder, type, and age a rule covers. Running a rule shows you its files first and moves to the trash only what you then confirm; check that preview before you confirm it, especially for a rule that covers a wide folder.
  • Your device and backups. You are responsible for maintaining your device and for keeping a backup of any file you may want later. The App is not a backup or recovery tool and keeps no copies of your files.
  • Files you must keep, and other people's files. You may not use the App to delete files that the law, a court order, a legal hold, an employer's policy, or an agreement requires you to keep, or to destroy evidence. Media saved by messaging apps may include files other people sent you; you are responsible for how you treat them.

You may not, and may not allow anyone else to:

  • copy, modify, or create derivative works of the App, or reverse engineer, decompile, or disassemble it, except to the extent applicable law expressly permits this despite this restriction;
  • redistribute, sell, rent, lease, sublicense, or otherwise make the App available to anyone else;
  • circumvent, disable, or interfere with the App's purchase verification, its free-tier limits, or any other feature that restricts how the App may be used;
  • remove or alter any copyright, trademark, or other notice in the App; or
  • use the App to access, remove, or delete files you are not authorized to manage, or in any way that violates the law or the rights of others.

4. Purchases and Billing

4.1 Editions and Pro Features

Depending on how the App is listed on Google Play when you get it, you either buy the App itself, which includes every feature, or install it for free. The free edition includes a limited number of removals and offers further features ("Pro features") through an optional one-time in-app purchase ("Pro"), not a subscription. Pro features currently include unlimited removals, similar photo search with its quality filters and side-by-side comparison, the weekly clutter reminder, and creating and editing cleanup rules.

A purchase of the App or of Pro gives you a license to use the corresponding features as we make them available in the App from time to time (Section 5.1). We may add, change, or remove features, including Pro features, and may change which features the free edition, Pro, and the paid App include. Each way the App is offered is a separate offering: a purchase made under one does not entitle you to the features, prices, or terms of another, or of the same offering at another time. If you are a consumer in the European Economic Area or the United Kingdom, we will modify the App only as your national law permits.

4.2 Billing

All purchases are made through the Google Play Store and are subject to Google Play's Terms of Service and payment terms. Google, not us, processes payments, and we do not process, store, or have access to your payment information. Completing or restoring an in-app purchase requires internet connectivity, which is used by the Google Play Store app; the App itself holds no network permission, and all other features work fully offline.

4.3 Refunds

Refund requests are handled by the Google Play Store under its refund policies. Except where applicable law requires otherwise, all purchases are final, and we do not issue refunds directly.

4.4 Restoring Purchases

Your purchase is tied to your Google account. If you bought the App itself, you can install it again from Google Play on any device signed in to that account at no charge, for as long as Google Play offers it. If you bought Pro in the free edition, use "Restore purchases" in the App's Settings to re-activate it at no charge after a reinstall or on a new device. Settings, cleanup rules, and the App's scan index are stored per installation: they are excluded from backups, and they do not transfer between devices or survive uninstallation.

4.5 Price Changes

We may change the price of the App or of Pro at any time. Price changes do not affect purchases you have already completed.

4.6 EU and UK Right of Withdrawal

If you are a consumer in the European Economic Area or the United Kingdom, you may have a 14-day right of withdrawal from digital purchases under the Consumer Rights Directive (2011/83/EU) or the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. By completing your purchase through Google Play, you expressly consent to the immediate supply of the digital content and expressly acknowledge that you thereby lose your right of withdrawal once the download or access begins, in accordance with Article 16(m) of the Directive and the equivalent UK rules. Google Play's refund policy may give you further rights.

4.7 California Automatic Renewal Disclosures

Neither the App nor Pro is a subscription or automatic renewal: each is a one-time purchase. If we ever offer an automatic renewal or continuous service under California Business and Professions Code §§17600–17606, we will present its terms clearly and conspicuously before you subscribe, obtain your affirmative consent, and send you an acknowledgment that includes the renewal terms, the cancellation policy, and how to cancel.

5. License and Intellectual Property

5.1 License

The App is licensed, not sold. Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Android devices that you own or control, for your personal or internal business use. The App, including its software, design, text, and graphics (but excluding your files and third-party components), is owned by ToTheTower Labs LLC and protected by copyright, trademark, and other intellectual property laws. ClutterScrub, ToTheTower, and their logos are trademarks of ToTheTower Labs LLC. All rights not expressly granted in these Terms are reserved.

5.2 Your Content

You retain all rights to your files. We claim no ownership of, and, because the App is offline, never receive, any file the App scans or removes, unless you choose to attach one to an email to us. Your use of the App grants us no license to your content.

5.3 Third-Party Components

The App includes open-source software components, each used under its respective license. A complete list with license texts is available in the App under Settings, About, Open source licences. These Terms do not modify your rights or obligations under those licenses.

5.4 Feedback

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them for any purpose without obligation or compensation to you. This license covers the ideas and suggestions in your feedback, not files you attach or personal information in your message, which we use only as the Privacy Policy describes.

5.5 U.S. Government End Users

The App is a commercial product, as defined in 48 C.F.R. §2.101, consisting of commercial computer software and commercial computer software documentation. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, it is licensed to U.S. Government end users only as a commercial product and only with the rights granted to all other users under these Terms.

6. Disclaimer of Warranties

YOUR USE OF THE APP IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND WE DISCLAIM ALL SUCH WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT:

  • THE APP WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF DEFECTS, OR THAT ANY DEFECT WILL BE CORRECTED;
  • THE APP WILL WORK WITH EVERY DEVICE, VERSION OF ANDROID, OR DEVICE MANUFACTURER'S SOFTWARE;
  • THE APP'S SUGGESTIONS WILL BE CORRECT. Copies, similar photos, the suggested copy to keep, quality flags, categories, and storage figures are produced automatically and may be inaccurate. Review every selection before you confirm a removal.
  • A FILE IN THE TRASH CAN BE RESTORED. Android keeps the trash and deletes files from it on its own schedule, and your device manufacturer's software, other apps, or a reset of the device can empty it.
  • THE SPACE THE APP REPORTS AS CLEARED WILL BE FREED AT ONCE. A file in the trash keeps its space until it is deleted for good.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM US OR THROUGH THE APP CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IF YOU ARE A CONSUMER IN THE EU OR UK, YOU RETAIN ALL MANDATORY STATUTORY GUARANTEES UNDER YOUR NATIONAL LAW, INCLUDING CONFORMITY REMEDIES FOR DIGITAL CONTENT UNDER DIRECTIVE (EU) 2019/770.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) IN NO EVENT SHALL ToTheTower Labs LLC OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA OR FILES (INCLUDING FILES MOVED TO THE TRASH OR DELETED, WHETHER OR NOT THE APP SUGGESTED THEM), LOSS OF PROFITS, REVENUE, OR GOODWILL, OR COST OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE APP, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID FOR THE APP AND FOR PRO IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) TEN U.S. DOLLARS (US$10). THE EXISTENCE OF MORE THAN ONE CLAIM DOES NOT ENLARGE THIS LIMIT.

(c) THE LIMITATIONS IN THIS SECTION APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THEY DO NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; FRAUD OR FRAUDULENT MISREPRESENTATION; GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IF YOU ARE A CONSUMER IN THE EU OR UK, NOTHING IN THESE TERMS AFFECTS YOUR MANDATORY STATUTORY RIGHTS. IF YOU ARE A RESIDENT OF NEW JERSEY, SECTIONS 7 AND 8 APPLY ONLY TO THE EXTENT NEW JERSEY LAW PERMITS.

You acknowledge that the pricing of the App reflects the allocation of risk in this Section, and that these limitations are an essential basis of the bargain between you and us.

8. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless ToTheTower Labs LLC and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your violation of any applicable law or the rights of any third party; or (c) files you remove or delete with the App, including claims that they belonged to someone else or that you were required to keep them. We may assume the exclusive defense and control of any matter for which you must indemnify us, and you will cooperate with our defense of it.

This Section does not apply to consumers in jurisdictions where such indemnification obligations are unenforceable against consumers.

9. Dispute Resolution

This Section 9 is our agreement to arbitrate (the "Arbitration Agreement"). It applies to any dispute, claim, or controversy between you and us arising out of or relating to these Terms, the App, or our relationship, whether based on contract, statute, tort, or any other legal theory, and whether it arose before or after you accepted these Terms (a "Dispute"), except as Sections 9.5 and 9.7 provide.

9.1 Notice of Dispute and Informal Resolution

Before starting an arbitration or a court proceeding, the party with a Dispute must send the other a written notice (a "Notice of Dispute") that states the sender's name, mailing address, and email address; describes the Dispute; and states the relief sought. A Notice of Dispute must be individual to one person and personally signed by that person (and by their lawyer, if they have one). You send a Notice of Dispute to info@tothetowerlabs.com; we send one to an email address you have used to contact us, or by another reasonable means.

For 60 days after a complete Notice of Dispute is received, the parties will try in good faith to resolve the Dispute informally, including, if either party asks, in an individual video or telephone conference in which you and one of our representatives take part personally (lawyers may also attend). All statutes of limitation and filing-fee deadlines are tolled while this process runs. Neither party may start an arbitration or court proceeding until it is complete, and an arbitrator or court may stay or dismiss a proceeding started without it.

9.2 Binding Arbitration

IF A DISPUTE IS NOT RESOLVED UNDER SECTION 9.1, IT SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect (the "AAA Rules"), as modified by this Arbitration Agreement. The Federal Arbitration Act (9 U.S.C. §§1–16) governs the interpretation and enforcement of this Arbitration Agreement.

A single arbitrator decides each Dispute. Any in-person hearing takes place in the county where you live; at your election, the arbitration may instead be conducted by video or telephone, or on written submissions alone. The arbitrator may award any individual relief that a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. An award binds only the parties to that arbitration and has no preclusive effect in any proceeding involving anyone else.

Payment of all filing, administration, and arbitrator fees is governed by the AAA Rules and applicable law, and we will pay the fees the AAA Rules and applicable law assign to us when they are due. If your claim is for $10,000 or less and the arbitrator does not find it frivolous or brought for an improper purpose, we will reimburse your filing fee when the arbitration ends. Each party bears its own attorneys' fees and costs unless the AAA Rules or applicable law provide otherwise.

Delegation: The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, except that a court of competent jurisdiction decides (a) any dispute about the enforceability of Section 9.3 or Section 9.4, and (b) whether a request for relief is a request for public injunctive relief.

9.3 Class Action, Jury Trial, and Representative Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND ToTheTower Labs LLC EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR HAS NO AUTHORITY TO CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (EXCEPT FOR THE ADMINISTRATIVE COORDINATION SECTION 9.4 PROVIDES), TO CONDUCT A CLASS OR REPRESENTATIVE ARBITRATION, OR TO AWARD RELIEF TO ANYONE OTHER THAN THE INDIVIDUAL PARTIES.

IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

If a court finds this Section 9.3 unenforceable as to a particular claim or request for relief, and that finding is not reversed on appeal, then that claim or request for relief, and only it, will be severed from the arbitration and decided by the courts specified in Section 14 after the arbitration of all other claims is complete. It will never be arbitrated on a class, collective, or representative basis.

If you request public injunctive relief (relief whose primary purpose and effect is to prohibit unlawful acts that threaten future injury to the general public), and a court determines that this Arbitration Agreement cannot require that request to be arbitrated, then that request will be decided by the courts specified in Section 14, and it will be stayed until the arbitration of all your individual claims and requests for relief is complete.

9.4 Mass Arbitration

If 25 or more demands for arbitration raising similar claims are filed against us within any 90-day period, and the claimants are represented by, or are coordinated with the help of, the same or coordinating law firms or organizations (a "Mass Arbitration"), then: (a) the AAA's Mass Arbitration Supplementary Rules apply in addition to the AAA Rules; (b) the parties will cooperate in good faith so that a limited number of demands, chosen in equal numbers by each side and no more than ten in total, proceed first as bellwether arbitrations, while the remaining demands are held in abeyance and no fees are owed on them; (c) after the bellwether awards, the parties will mediate the remaining demands in good faith, with a mediator administered by the AAA whose fees we pay; and (d) any demands not resolved then will proceed as the AAA's Mass Arbitration Supplementary Rules provide. All statutes of limitation and filing-fee deadlines are tolled for every demand held in abeyance. A court of competent jurisdiction has authority to enforce this Section 9.4 and, if necessary, to enjoin the filing or prosecution of demands that do not comply with it. If this Section 9.4, or any part of it, is found unenforceable, it will be severed, and the rest of this Arbitration Agreement will remain in effect.

9.5 Exceptions

Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for a Dispute within that court's jurisdiction, for as long as it remains there and proceeds on an individual basis; or (b) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

9.6 Opt-Out

You may opt out of this Arbitration Agreement by emailing a written notice to info@tothetowerlabs.com within thirty (30) days after you first download, install, or use the App. Your notice must include your name, mailing address, and email address, and a clear statement that you opt out of the Arbitration Agreement. An opt-out notice must be individual to you and sent by you personally; a notice sent on behalf of several people, or by a lawyer for a group, is not valid. If you opt out, the rest of these Terms continue to apply, and Disputes will be resolved in the courts specified in Section 14.

9.7 EU/UK Users

If you are a consumer in the European Economic Area or the United Kingdom, Sections 9.2, 9.3, and 9.4 do not apply to you. You retain any mandatory rights to bring proceedings in the courts of your country of residence. You may also use the European Commission's list of alternative dispute resolution bodies.

9.8 Changes to This Arbitration Agreement

Despite Section 18, if we change this Arbitration Agreement after you accepted it (other than a change to our contact details), you may reject the change by emailing info@tothetowerlabs.com within thirty (30) days after it takes effect, in which case you remain bound by the last version you accepted. A change never applies to a Dispute of which we had written notice before the change took effect.

10. Time Limitation on Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO BRING A CLAIM WITHIN THIS PERIOD CONSTITUTES A PERMANENT WAIVER OF THAT CLAIM. This limitation does not apply where a longer limitations period is mandated by applicable law that cannot be shortened by agreement, including claims by EU/UK consumers subject to mandatory limitation periods under their national law.

11. Privacy

The ClutterScrub Privacy Policy explains how the App handles information: in short, your files and personal data never leave your device unless you choose to send them yourself, for example by email. Please read it. The Privacy Policy is a notice of our practices; it is not part of these Terms.

12. Third-Party Platforms and Components

These Terms are between you and us only, and not with Google or any device manufacturer. Google is not responsible for the App or its content, except as Google Play's own terms provide, and purchases are governed by Google Play's terms (Section 4.2). Moving files to the trash, restoring them, and deleting them is carried out by Android at the App's request, under your confirmation; we are not responsible for how Android, your device manufacturer's software, or other apps handle your files. The App incorporates open-source software under its respective licenses (Section 5.3).

13. Termination

These Terms remain in effect until terminated. You may terminate them at any time by uninstalling the App. Your license ends automatically, without notice, if you breach Section 3 or Section 5, and we may terminate it if you otherwise materially breach these Terms and, where the breach is curable, fail to cure it within a reasonable time after notice. When your license ends, you must stop using the App and delete it from your devices.

Because the App runs entirely on your device, we have no technical ability to disable the App remotely or delete your data. Sections 5.2 to 5.5 and 6 to 19, and every other provision that by its nature should survive, survive termination.

Uninstalling the App deletes its settings, cleanup rules, and scan index. It does not touch your files, and files you moved to the trash stay there until they are deleted for good. Your purchase record remains with your Google account (Section 4.4).

14. Governing Law and Jurisdiction

These Terms and any Dispute are governed by the laws of the State of California, without regard to its conflict-of-laws principles, except that the Federal Arbitration Act governs Section 9. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 9, any Dispute not subject to arbitration shall be brought exclusively in the state or federal courts located in Sacramento County, California, and you and we consent to personal jurisdiction and venue there and waive any objection based on an inconvenient forum.

If you are a consumer in the EU or UK, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of residence, and you may bring proceedings in your local courts.

15. Export Compliance

You represent that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws in your use of the App.

16. Force Majeure

We shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, labor disputes, governmental actions, power or network failures, and changes to or failures of third-party platforms (including the Google Play Store, Android, and device manufacturers' software).

17. General Provisions

  • Entire Agreement. These Terms constitute the entire agreement between you and us regarding the App and supersede all prior agreements and understandings on that subject.
  • Severability. Except as Sections 9.3 and 9.4 provide, if any provision of these Terms is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force.
  • Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms, without notice, in connection with a merger, acquisition, reorganization, or sale of all or part of our business or assets.
  • No Third-Party Beneficiaries. These Terms create no rights for anyone other than you and us.
  • Relationship. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.
  • Notices. We may give you notices through the App, its store listing, these documents, or an email address you have used to contact us. You give us notice by email to the address in Section 19, except where Section 9 sets a specific address or method.
  • Electronic Communications. You agree that these Terms, and notices and other communications given electronically, satisfy any legal requirement that they be in writing.
  • Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against either party because that party drafted them.
  • Language. These Terms are drafted in English. Any translation is provided for convenience; the English version controls to the extent permitted by applicable law.

18. Changes to These Terms

We may revise these Terms from time to time. Material changes will be reflected by an updated "Last Updated" date and, where appropriate, notice in the App or its store listing. Changes apply prospectively from their effective date, and changes to Section 9 also follow Section 9.8. Your continued use of the App after changes take effect constitutes acceptance of the revised Terms; if you do not agree, your remedy is to stop using and uninstall the App.

19. Contact

For questions about these Terms:

ToTheTower Labs LLC
2108 N ST #15629
Sacramento, CA, United States
Email: info@tothetowerlabs.com

California residents: Under California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.