The Bangers App - Optimize Your TikTok Content

Effective Date: April 30, 2025

1. Introduction

Welcome to The Bangers App! These Terms of Use ("Terms") constitute a legal agreement between you and the operator of The Bangers App (referred to as "The Bangers App," "we," "us," or "our"). These Terms govern your access to and use of The Bangers App website, mobile application, and related services (collectively, the "Service"). By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service. Please also review our Privacy Policy (available separately) to understand how we collect, use, and protect your personal data. The Privacy Policy is incorporated into these Terms by reference.

2. Explanation of Services

The Bangers App is a content management and creator tool with analytics features that helps content creators manage and optimize their previously published TikTok content. The Service connects to your TikTok account via TikTok's official API to provide various features and benefits:

Content Library Access: Retrieve and display your own publicly posted TikTok videos and their basic engagement metrics (e.g., view counts, likes, comments).
Content Management: Organize, browse, and search your library of TikTok content within the app, making it easier to find and reuse past videos.
Duplicate Prevention: Identify or flag videos you have already posted on TikTok to prevent accidental duplicate reposts. The app helps ensure you don't re-upload the same content to TikTok or other platforms unintentionally.
Analytics and Performance Insights: Provide performance-based analytics on your content (such as trends in engagement over time, top-performing videos, etc.) to help improve your understanding of what resonates with your audience.
Reposting Assistance: Enable you to repost or share your own TikTok videos to other platforms or social networks. For example, you might download your video or share it to services like Instagram or YouTube (subject to those platforms' terms). The Bangers App streamlines this process.

The Service is designed to support creators in reducing burnout and improving audience engagement by repurposing existing content. It does not create new TikTok content on your behalf but rather helps you leverage content you have already created. All features are subject to change as we improve the Service.

3. Eligibility

We do not impose any specific age or geographic restrictions for using The Bangers App. The Service is intended for creators everywhere and is available to users of all ages and locations. By using the Service, you represent and warrant that you have the legal capacity to enter into these Terms (for example, that you are not a minor who cannot consent to contracts, or that you have any necessary permission from a parent/guardian). If you are using the Service on behalf of an organization or company, you further represent that you have the authority to bind that entity to these Terms.

Note: The Bangers App is meant to be used in conjunction with TikTok. You are responsible for ensuring you meet any minimum age requirements or other eligibility rules of TikTok itself. (TikTok generally requires users to be at least 13 years old, for example.) We do not separately restrict access by age or region, but you must not use our Service if your use of TikTok or our Service is prohibited by applicable law.

4. Account Creation and Responsibilities

To use The Bangers App, you may need to create an account with us or log in via your TikTok credentials. The following rules apply to account creation and use:

Provide Accurate Information: You agree to provide accurate, current, and complete information during registration and to promptly update such information if it changes. You should not impersonate any person or entity or provide false details.
Account Security: You are responsible for maintaining the confidentiality of your login credentials (such as username, password, or any API tokens) and for restricting access to your account. You are responsible for all activities that occur under your account. If you suspect any unauthorized access to or use of your account, you must notify us immediately at support@bangersapp.com.
Account Use: You should not share your account with anyone else, and you may not use another user's account without permission. If you are an organization, each person accessing the Service (e.g., your employees or team members) must have their own account or be authorized under your account according to our policies. You are responsible for any actions taken by individuals using the Service through your account.
Compliance: All information you provide to us (including any contact details, payment information, etc.) must be truthful and lawful. You agree to use the Service only for your own legitimate purposes and in accordance with these Terms and all applicable laws.

5. Paid Version and Billing

The Bangers App may offer both free (basic) and paid (premium) versions of the Service. Additional features or enhanced usage limits might be available through a paid subscription. If you choose to use the paid version, the following billing terms apply:

Fees: You agree to pay any applicable subscription or usage fees for the paid Service plan you select. The pricing and available subscription plans will be provided at the time of sign-up. All fees are stated in U.S. dollars (unless otherwise specified) and exclude any taxes or charges (such as sales tax, VAT, or similar governmental charges) that may apply. You are responsible for paying any such taxes or charges.
Billing and Payment: When you subscribe to a paid plan, you must provide a valid payment method (e.g., credit card or other accepted payment method). By providing such payment information, you authorize us (or our third-party payment processor) to charge the subscription fee to your payment method on a recurring basis (monthly, annually, or as otherwise specified by your plan).
Auto-Renewal: Paid subscriptions will automatically renew at the end of each billing cycle (e.g., on a monthly or yearly basis) unless you cancel your subscription before the end of the current cycle. On each renewal date, we will automatically charge your provided payment method the then-current subscription fee for the next period.
Cancellation: You may cancel your paid subscription at any time. You can typically cancel through your account settings in the app or by contacting us at support@bangersapp.com with your request to cancel. Cancellation will take effect at the end of your current billing period. This means you will retain access to the paid features until the current paid term expires, and your subscription will not renew thereafter. We do not offer prorated refunds for mid-period cancellations or unused time, except where required by law. (For example, if you cancel in the middle of a month, you will not receive a refund for the remaining days of that month, but you will continue to have access to premium features until that month ends.)
Subscription Changes: If you upgrade or downgrade your subscription plan, the change will typically take effect immediately or at the start of your next billing period, depending on the platform's rules. We will inform you how any changes affect your billing. Upgrading may charge a pro-rated amount for the remainder of the current period, and downgrading might result in credit or maintained access until period end – the specifics will be provided at the time you make the change.
Payment Issues: If we are unable to process a payment using your provided method (for example, due to an expired credit card or insufficient funds), we will notify you (e.g., by email or within the app). We may temporarily suspend or downgrade your account to the free version until payment is successfully collected. You are responsible for providing a valid payment method and updating it as needed to avoid interruption of service.
Changes to Fees: We reserve the right to change the fees charged for the Service (or any part of it). If the price of your subscription changes, we will give you reasonable advance notice (for example, by email or via the Service). Fee changes will apply at the start of the next billing period after the effective date of the change. If you do not agree with a fee change, you may cancel your subscription before the new price takes effect. Continued use of the paid Service after the price change goes into effect constitutes your acceptance of the new price.

6. Use of TikTok API Data

The Bangers App integrates with TikTok's official API to provide its content management and analytics features. By connecting your TikTok account with The Bangers App, you authorize us to access certain data from your TikTok account solely for your own content. We are committed to using this data responsibly and in accordance with TikTok's policies and your expectations. In particular:

Your Data Only: The Bangers App will only access and use data from your TikTok account. This includes information like your TikTok username, your public profile details, and the content and statistics of videos you have posted on TikTok (e.g., video URLs or IDs, captions, thumbnails, view counts, likes, comments, and similar engagement metrics). We do not access any private data from your TikTok account (such as private messages or non-public videos), and we do not access or collect data from any other user's TikTok account. In other words, we only pull in your own publicly available TikTok content and data, as authorized by you.
No Scraping: All TikTok data accessed by The Bangers App is obtained through TikTok's official API and with your permission. We do not use web scraping, automated crawling, or any unauthorized means to collect data from TikTok. We strictly adhere to TikTok's API usage guidelines. This means that if TikTok's API does not provide certain data, our Service will not attempt to retrieve it through alternative (scraping) methods.
User Authorization: You will need to explicitly authorize The Bangers App to access your TikTok account data, typically by logging in through TikTok's OAuth process or an official TikTok login flow. You can revoke this access at any time via TikTok's settings or by disconnecting your TikTok account from our Service. If you revoke access, The Bangers App will no longer be able to retrieve your TikTok data or manage your content.
Data Usage: The data we retrieve from TikTok is used to provide the Service's functionality to you. For example, we will display your video library back to you in the app, analyze your engagement metrics to give you insights, and help prepare your content for reposting. We may store certain data (like a list of your videos or their performance stats) on our servers to enable these features, but such data is tied to your account and is handled in accordance with our Privacy Policy. We do not share your TikTok account data with third parties except as needed to operate the Service (for instance, if we use cloud storage or analytics tools, those providers will process data on our behalf under strict obligations). We will never sell your TikTok data or use it for purposes unrelated to providing you the Service.
Respect for TikTok's Terms: The Bangers App is intended to complement your use of TikTok, not violate it. Using our Service should not violate TikTok's Terms of Service or Community Guidelines, because we do not post anything to TikTok on your behalf without your action, and we only access data you have made public or authorized. You are responsible for your use of TikTok via our Service, so you should continue to abide by all of TikTok's rules when using The Bangers App. For example, do not use our Service to repost content that violates TikTok's guidelines, and do not use analytics from our Service to engage in any prohibited behavior on TikTok. If TikTok imposes any restrictions on how you can use data (such as not storing certain information for longer than allowed), you agree to comply with those restrictions when using our Service.
No Endorsement or Partnership: The Bangers App is an independent tool and is not affiliated with, endorsed by, or sponsored by TikTok. TikTok™ is a trademark of TikTok Inc. (or its affiliates). Our use of TikTok's API is under their allowed use policies, but that does not mean TikTok has reviewed or approved our Service. You acknowledge that any issues arising from TikTok's platform (such as changes to their API, downtime, or data inaccuracies) are outside our control. We will do our best to adapt to any changes in TikTok's systems, but we are not liable for disruptions or limitations caused by TikTok's own platform or decisions.

7. User Content and Intellectual Property

When you use The Bangers App, you will be working with content that you have created or uploaded — primarily, your TikTok videos and related data. It's important to clarify who owns that content and how we may use it to provide the Service:

Your Ownership of Content: Any videos, images, text, graphics, or other content that you import into or manage using The Bangers App (including your TikTok videos and associated captions or analytics) are considered "User Content." You retain full ownership of all your User Content. We do not claim any ownership rights over the content that belongs to you. These Terms do not grant us any ownership over your TikTok videos or other personal content; those remain yours (and potentially TikTok's, under TikTok's terms) at all times.
License to The Bangers App: In order for us to operate the Service and perform the features you expect, we need your permission to handle and process your User Content within the app. For example, if you want to see your TikTok videos in The Bangers App interface, or share a video from the app to another platform, we need the technical ability to download, copy, and display that video data. Therefore, by using the Service and uploading or accessing User Content through it, you grant The Bangers App a license to use your content solely for the purpose of providing the Service to you. This license is non-exclusive, worldwide, royalty-free, and sublicensable only as needed to operate or facilitate the Service (for instance, to our cloud service providers who assist in storing data). We will only use your content to run, maintain, and improve the Service and for no other purpose. This license allows us to, for example, display your videos back to you, create thumbnails, perform data analysis on engagement metrics, temporarily cache content for faster access, or reformat content when you choose to repost it. We will not publish, share, or use your User Content outside of providing the Service to you without your explicit permission. You can revoke this license for specific content by removing or deleting that content from the Service (if applicable) or by terminating your account, in which case we will cease any further use of your content consistent with our data retention policies (see Privacy Policy).
Your Responsibilities and Rights: You are solely responsible for the User Content you use with The Bangers App. This means:
- You have the necessary rights: You represent and warrant that you have all rights, licenses, and permissions required to use the content on our Service and to grant us the above license. In simpler terms, if you created the content (like a TikTok video you filmed), you likely have the rights to it. If any third-party materials are included in your content (for example, music tracks, images, or graphics that are subject to copyright, or if other people appear in your videos), you confirm that you have obtained all necessary permissions or that your use of such material is permitted by law (such as fair use) or by TikTok's licensing of music for your videos.
- No violation of others' rights: Your use of the Service with your content should not infringe or violate the intellectual property, privacy, publicity, or other rights of any other person or entity. You agree not to use The Bangers App to store, reproduce, or distribute any content in a way that violates any third party's rights. For example, do not use our Service to repost content that you do not have the right to repost.
- Compliance with law: Your content and your use of it via our Service must comply with all applicable laws and regulations. You should not use the Service as a means to engage in unlawful copying, distribution, or any other illegal activities involving your content.
- Content on other platforms: Keep in mind that even though your content is yours, when you uploaded it to TikTok, it became subject to TikTok's Terms of Service as well. Using The Bangers App to interact with that content doesn't remove your obligations to other platforms. For instance, if TikTok or another platform where you repost content requires you to take down content that violates someone's rights, you need to comply with those requirements.

In summary: Your content remains your content. We'll use it only as needed to help you manage and repurpose it, and you promise that you're not using the Service to do anything unlawful or to infringe on anyone else's rights with your content.

8. The Bangers App Intellectual Property

All elements of The Bangers App Service that are not User Content are the property of The Bangers App or its licensors. This includes, but is not limited to, the software and code that operates the app, the design and layout of the app and website, the compilation of data (other than your own data) on the app, and all trademarks, logos, and branding associated with The Bangers App. These are collectively referred to as "The Bangers App Intellectual Property."

Ownership: We (and our licensors) retain all rights, title, and interest in and to The Bangers App Intellectual Property. Using our Service does not grant you ownership of any aspect of our Intellectual Property. You are only granted the limited rights to use the Service as described in these Terms.
Limited License to Use the Service: Subject to your compliance with these Terms, we grant you a personal, worldwide, non-transferable, non-sublicensable, non-exclusive, revocable license to access and use The Bangers App and its content for the sole purpose of utilizing the Service as intended (managing and analyzing your own social media content). This license is for your individual use (or internal business use, if you are an organization). You may not resell our Service or use it in a manner not authorized by these Terms.
Restrictions: You agree that you will not: copy, reproduce, distribute, modify, or create derivative works based on any part of the Service or The Bangers App Intellectual Property; nor will you reverse engineer, decompile, or attempt to extract the source code of any software or technology used to provide the Service (except to the limited extent that applicable law permits despite this restriction). You also may not use any trademark, logo, or branding of The Bangers App without our express written permission.
Feedback: If you choose to provide feedback, suggestions, or ideas about the Service ("Feedback"), you agree that we are free to use such Feedback in any way, including in future improvements and modifications to the Service, without any obligation to you. Any Feedback you provide is entirely voluntary, and we will not compensate you for it.

All rights not expressly granted to you in these Terms are reserved by The Bangers App and its licensors. Unauthorized use of the Service or our Intellectual Property is a breach of these Terms and may violate intellectual property laws.

9. Acceptable Use

We want The Bangers App to be useful for all creators. To protect our users and the integrity of the Service, you agree to use The Bangers App only for its intended purpose and within the bounds of the law and these Terms. When using the Service, you agree that you will NOT do any of the following:

Illegal or Harmful Use: Do not use the Service for any unlawful purpose or for promotion of illegal activities. This includes (but isn't limited to) using the Service to share content that is defamatory, obscene, harassing, or fraudulent, or that violates any applicable law or regulation.
Unauthorized Access: Do not attempt to gain unauthorized access to any part of our Service or systems. This means you should not try to hack, attack, disrupt, or circumvent security or authentication measures of The Bangers App or any accounts, servers, or networks connected to the Service. Also, do not misuse another user's login credentials or TikTok account.
Interference: Do not interfere with or disrupt the operation of the Service. For example, do not deploy viruses, worms, malware, or any other harmful code to or through the Service. Do not engage in any activity (such as a denial-of-service attack, spamming, or overloading) that impairs the normal functioning or performance of the Service or that would interfere with other users' ability to use the Service.
Data Mining or Scraping: You shall not scrape, crawl, or use any automated means (such as bots or scripts) to extract data from the Service, our databases, or our website, except as may be expressly permitted by us. You also agree not to attempt to scrape or collect information about other users or any content that is not your own. (Remember, The Bangers App only provides you access to your own content and analytics.) Any attempt to harvest data beyond your own is unauthorized.
Misuse of TikTok Integration: Do not use The Bangers App in a way that violates TikTok's terms of service or the rules of any other platform you interact with via our Service. For instance, do not use our Service to repost content to another platform if doing so would violate that platform's rules, and do not use our analytics to facilitate unwanted behavior on TikTok (like automated commenting or spamming, which our Service doesn't support anyway). You also should not attempt to use The Bangers App to access TikTok content that isn't yours or to engage in any kind of unauthorized data collection from TikTok.
Impersonation and Misrepresentation: Do not impersonate any person or entity or falsely represent your affiliation with someone else while using our Service. Since The Bangers App is about managing your own content, this hopefully won't be an issue — just don't pretend to be another creator or mislead others about who you are.
Reverse Engineering and Abuse: Do not reverse engineer or copy our software or Service for the purpose of competing with us or exploiting the Service in an unintended manner. You also agree not to use the Service in a manner that could damage, disable, or overburden our infrastructure.

If we (in our sole discretion) determine that you have violated any aspect of this Acceptable Use section, we reserve the right to take action — which may include terminating or suspending your access to the Service (see Termination below), removing any offending content (if applicable), and/or pursuing any legal remedies available to us. We also reserve the right to report any illegal activities to law enforcement or appropriate authorities. Please use The Bangers App responsibly and respectfully. This ensures that the Service remains available and beneficial for all users.

10. Termination

This section explains how you or we can terminate (end) this agreement and your use of The Bangers App, and what happens when termination occurs.

By You: You have the right to stop using The Bangers App at any time. If you have created an account, you may terminate your account by using any account deletion or deactivation feature provided within the Service, or by contacting us at support@bangersapp.com with a request to delete your account. We will process your request as soon as reasonably possible. Termination of your account will mean you can no longer access the Service or any content within it (so make sure you've exported any data you need before terminating). Keep in mind that if you simply stop using the Service or uninstall the app without formally cancelling a paid subscription, subscription fees may continue to accrue until you actively cancel (see Section 5: Paid Version and Billing above for cancellation of subscriptions).

By Us: We reserve the right to suspend or terminate your access to the Service (or certain features of the Service) at our discretion, at any time and without liability to you. We may do so with or without prior notice to you. Some scenarios where we might suspend/terminate include: if you violate these Terms (or we suspect you have done so), if you engage in behavior that is unlawful or that disrupts our Service or other users, if your subscription payment is overdue and remains unpaid after we have notified you, or if we decide to discontinue the Service altogether. We may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability if we determine it's in the best interest of the platform or our user community.

Effect of Termination: Once your use of the Service is terminated (whether by you or us), your rights under these Terms will immediately end. You must cease all use of the Service, and you will no longer be authorized to access your account or your content through the Service. We may delete or deactivate your account and all related data without further obligation to you. However, termination does not instantly erase all data we may have collected — we will handle your personal data in accordance with our Privacy Policy, which may involve retaining certain information for a period of time for legal, backup, or accounting purposes. Any licenses you granted to us for your content will conclude, except to the extent we need to retain server copies for backup or legal reasons for a time-limited period. After termination, you will not be entitled to any refunds for any subscriptions or purchases, except as specifically provided in these Terms or as required by law. Also, even after your access to the Service is terminated, certain provisions of these Terms will survive. This includes (but is not limited to) provisions relating to intellectual property ownership, disclaimers of warranties, limitations of liability, dispute resolution, and indemnification. In essence, any term which by its nature should continue to apply after termination will do so.

If You Have a Paid Subscription: If you or we terminate your account while you still have an active paid subscription:

If you voluntarily cancel your subscription or delete your account, you will not receive a refund for any remaining days in your billing cycle. Your access to premium features will continue until the end of the paid period you've already paid for, and then it will stop.
If we terminate your access due to your breach of these Terms or misuse of the Service, you will likewise not be entitled to any refund for the remaining period of your subscription (and we may also refuse to allow you to re-register in the future).
If we terminate the Service or your account without cause (for example, we decide to shut down the app for all users, or we terminate your account in error or for reasons other than your breach), then we will refund you any prepaid fees covering the unused portion of your subscription on a pro-rata basis. We will aim to notify you in advance in such cases and assist with providing you your data (if possible) before shutting down access.

Termination of your account or access to the Service shall be in addition to any other legal or equitable remedies available to us.

11. Disclaimer of Warranties

The Bangers App is provided "AS IS" and "AS AVAILABLE." While we strive to provide a great service, there are some things we cannot promise. To the fullest extent permitted by law, The Bangers App disclaims all warranties and representations, whether express, implied, or statutory, regarding the Service. This includes any implied warranties of merchantability (fitness of the Service for ordinary use), fitness for a particular purpose (fitness for your specific needs), title, and non-infringement.

In plain language: we do not guarantee that the Service will meet your requirements or expectations, that it will be uninterrupted, timely, secure, or error-free, or that it will produce any particular results. For example, we do not warrant that using The Bangers App will guarantee an increase in your social media engagement or that any analytics provided will be 100% accurate or complete. Any material or data obtained through the Service is provided for informational purposes and on an as-is basis. You acknowledge that using the Service is at your own risk.

Additionally, the Service's performance may depend on third-party platforms and services (such as TikTok's API or the availability of other social networks for reposting). We are not responsible for any issues or limitations caused by third-party services. For instance, if TikTok's API is down or changes in a way that affects our functionality, or if another platform's terms or technical systems prevent you from reposting content, we do not guarantee that our Service can overcome those issues. We will do our best to adapt, but we make no warranty that third-party dependencies will function without interruption or change.

No advice or information (whether oral or written) obtained from us or through the Service creates any warranty not expressly stated in these Terms. We do not warrant that any defects or errors will be corrected, or that the Service will be free of viruses or other harmful components. You are responsible for using up-to-date antivirus software on your devices.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such case, our warranties are limited to the minimum scope and period permitted by applicable law.

12. Limitation of Liability

To the maximum extent permitted by law, The Bangers App (and its owners, developers, affiliates, officers, employees, agents, partners, and licensors) shall not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, including but not limited to damages for lost profits, lost revenues, lost opportunities, loss of data, business interruption, or any other intangible losses, arising out of or related to your use of (or inability to use) the Service, regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if we have been advised of the possibility of such damages.

In other words, if something goes wrong or the Service doesn't work as expected, we will not be responsible for losses that are not directly caused by our breach of these Terms or that were not reasonably foreseeable by both you and us when you began using the Service.

To the extent we are found liable for any claim or dispute arising out of or relating to the Service, our aggregate liability to you for all claims in any 12-month period is limited to the amount you have paid us for the Service in the 12 months immediately prior to the event giving rise to the liability. If you have not paid any amount (for example, you are on a free plan), then our total liability to you for any claim will be zero, to the fullest extent permitted by law.

This limitation of liability applies whether the claims are based in warranty, contract, tort (including negligence), product liability, or any other legal theory, and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Bangers App and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your Use of the Service: Your activities in connection with the Service, including any content you upload, repost, or otherwise disseminate using the Service, and any use of the Service that violates these Terms.
Breach of Terms or Law: Your violation of these Terms or of any applicable law, rule, or regulation.
Infringement of Rights: Your infringement or misappropriation of any intellectual property or other rights of any person or entity (for example, if you repost content via our Service that you did not have the right to repost, and a copyright owner brings a claim against us).

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that case, you agree to cooperate with our defense of that claim. You agree not to settle any such matter without our prior written consent. This indemnification obligation will survive any termination of your account or the Service and these Terms.

14. Dispute Resolution and Governing Law

Governing Law: These Terms (and any dispute or claim arising out of or related to them or the Service) are governed by the laws of the State of Ohio, USA, without regard to its conflict of law principles. If you reside outside the United States, you may have certain consumer protection rights under your local laws that are not waived by these Terms. We do not seek to deprive you of those protections; therefore, to the extent such laws apply, they will control.

Arbitration Agreement: You and The Bangers App agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service will be settled by binding arbitration on an individual basis. This means that you and we both waive the right to a trial in court and the right to participate in a class action.

Arbitration Procedures: The arbitration will be conducted by a neutral arbitrator through an established arbitration provider (such as the American Arbitration Association "AAA") under that provider's applicable rules (including, if applicable, the AAA's Consumer Arbitration Rules). You may choose to have the arbitration conducted by telephone, by written submissions, or in person in a mutually agreed location. If an in-person hearing is required and we cannot agree on a location, the default location will be in Ohio, USA, unless otherwise required by law. The arbitrator will have the authority to award the same damages and relief that a court could award (including injunctive and declaratory relief or statutory damages), 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 decision and award will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Individual Basis Only – No Class Actions: You and The Bangers App agree to resolve disputes only on an individual basis, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator shall not combine or consolidate more than one person's claims and shall not otherwise preside over any form of a representative or class proceeding. You hereby waive any right to a jury trial and any right to participate in a class action lawsuit or class-wide arbitration for any dispute arising out of or relating to these Terms or the Service.

Exceptions to Arbitration: Notwithstanding the above, either party may choose to bring an individual claim in small claims court if the claim is within that court's jurisdiction and proceeds on an individual (non-class) basis. Additionally, both you and The Bangers App retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent (or enjoin) the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights or proprietary information. Such an action can be brought without first engaging in arbitration.

Opt-Out Option: You may opt out of this arbitration agreement. If you do not wish to be bound by arbitration, you must notify us by sending an email to support@bangersapp.com within 30 days of first accepting these Terms, stating your name and your intent to opt out of the arbitration agreement. If you opt out, neither you nor The Bangers App will be required to arbitrate disputes; you may instead resolve disputes in a court of law as set forth in the "Jurisdiction" provision below. Opting out of this arbitration agreement will not affect any other provisions of these Terms or your ability to use the Service.

Arbitration Costs: Payment of all filing, administration, and arbitrator fees will be governed by the arbitration provider's rules. We will pay for reasonable arbitration fees where required by applicable law.

Future Arbitration Changes: If we make any future change to this arbitration provision (other than a change to our contact address for opt-outs), you may reject that change by sending us written notice within 30 days of the change, in which case your account with The Bangers App will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

Jurisdiction for Non-Arbitrable Claims: In the event that the arbitration agreement is found not to apply to you or to a particular dispute (for example, if you validly opt out of arbitration or a court rules that the arbitration clause is unenforceable in a specific case), then any judicial proceedings (if allowed) must be brought exclusively in the state or federal courts located in the State of Ohio, USA, unless otherwise required by law. Both you and The Bangers App consent to venue and personal jurisdiction in Ohio, and waive any objections to such jurisdiction or venue (without prejudice to either party's right to remove a case to federal court, if applicable).

Time Limit to Bring Claims: To the extent permitted by law, any dispute or claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the date on which the basis for the claim first arose. If a claim is not filed within that time, it is permanently barred. (This paragraph does not apply to consumers in jurisdictions that prohibit such time limit restrictions.)

15. Changes to These Terms

We may revise or update these Terms from time to time. If we make material changes, we will give you notice by posting the updated Terms on our website or within the app and updating the "Effective Date" at the top, or by other appropriate means. In some cases, we might also notify you via email or in-app notification. The revised Terms will be effective on the date specified in the notice (or the "Effective Date" listed at the top of the revised Terms).

Continued Use = Acceptance: If you continue to use the Service after the new Terms take effect, you will be deemed to have accepted the changes. If you do not agree to the revised Terms, you should stop using the Service and cancel any paid subscriptions before the changes take effect.

We encourage you to review the Terms periodically to stay informed of your rights and obligations. For non-material changes or clarifications, we reserve the right to make those without a formal notice, so it's a good idea to check the Terms every now and then. We will always indicate the date of the latest revision at the top of the Terms for reference.

16. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices or guidelines we provide regarding the Service, constitute the entire agreement between you and The Bangers App concerning the Service. They supersede any prior agreements between you and us regarding the Service.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. If necessary, an unenforceable provision will be deemed modified to the limited extent necessary to make it enforceable (reflecting as closely as possible the original intentions of the parties).
No Waiver: Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver of any provision of these Terms by us must be in writing and signed by an authorized representative of The Bangers App.
Assignment: You may not assign or transfer these Terms or any rights or obligations herein, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without consent will be null and void. We may assign or transfer these Terms (in whole or in part) freely to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law or otherwise.
No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than you and The Bangers App. No third party shall have the right to enforce any of the terms herein or to enjoy any benefit of the Terms.
Relationship of Parties: You and The Bangers App are independent contracting parties. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party has the authority to make any commitments on behalf of the other.
Force Majeure: The Bangers App will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond our reasonable control, including but not limited to any acts of God, natural disasters, war, terrorism, labor conditions, power failures, internet disturbances, or acts of government.
Notices: We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, postings within the Service, or other legally acceptable means. Notices emailed to you will be considered given and received when the email is sent. If you have provided an email address, you are responsible for ensuring it is up-to-date and for checking it.
Headings: Section headings in these Terms are for convenience only and have no legal effect.

17. Contact Information

If you have any questions, concerns, or comments about these Terms or the Service, please feel free to contact us at support@bangersapp.com. We will do our best to address your inquiry promptly.

Thank you for using The Bangers App! We hope our Service helps you manage your content more effectively and avoid burnout. Happy creating and sharing!

The Bangers App – Terms of Use