Terms of Use - Turtle

June 1, 2021

We drafted these Terms of Service (also called "Terms") to help you understand the rules that govern your use of any product or services we create. Remember that the Terms form a legally binding contract between you and Saturday Technologies, Inc. ("Saturday", "we", "us"), so please read carefully.

By using or accessing Turtle or any product or service provided by us (collectively called the "Service"), you are agreeing to these Terms. If you do not agree with the Terms, then do not use the Service.

1. Basic Terms

You must be at least 13 years old to use the Service, and are not barred from using the Services under applicable law.
To make a purchase via the Services (described in section four titled "Purchases"), you must be 18 years or older and capable of forming a binding contract.
You're responsible for any activity that occurs through your account.
You agree to abide by our Terms and not to use the Service in any manner not expressly permitted by the Terms.
You will not modify or hack another application or website so as falsely imply that it is associated with Saturday.
You will not access Saturday's private API in any way other than via Service made available by Saturday.
You will not use any robot, crawler, scraper, or other automated means or interface to access the Service and cache any content from Saturday, including but not limited to other user's information.
You will not spam or solicit any user of the service.
You will not use viruses, spyware, malware, or other code of a destructive or disruptive nature to interfere or disrupt either (a): any servers or networks connected to the Service or (b): the Service itself such that the Service rendered in the user's device or browser is modified or interrupted.
You will not use or develop any third-party application that interacts with the Service or other users' content or information without written consent from Saturday.
While Saturday prohibits conduct and Content that infringes on these Terms, you understand and agree that Saturday cannot be held responsible for the Content generated by users of the Service, and that you may be exposed to such materials and you use the Service at your own risk.

2. Rights You Grant Us

Saturday is constantly working on the Service, and that means products, features, and functionalities may be added, changed, or removed at any time. Saturday reserves the right to modify or terminate the Service for any reason without notice at any time.
Saturday reserves the right to alter the Terms at any time. If necessary, Saturday will notify you.
Saturday can deny the Service to anyone for any reason at any time.
By submitting any feedback or suggestions, you grant Saturday the right to use your ideas without compensation.

3. Content

Saturday doesn't claim any ownership rights of any music, photos, videos, or other content (together, "Content") that are made available through the Service.
The Content is the property of Saturday's licensors. We grant you limited, non-exclusive, revocable permission to make use of the Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, “Access”). This Access shall remain in effect until and unless terminated by you or Saturday. You promise and agree that you are using the Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Service or the Content.
The Service and Content are not sold to you or transferred to you. Saturday and its licensors retain ownership of the Service and Content even after installation on your computers, mobile handsets, or other devices.

4. Purchases

We offer enhanced features of the Service that you can purchase as a weekly, monthly, yearly, or lifetime subscription (“Subscription”). A description of features associated with Subscriptions is available via the Service. When you purchase a Subscription (a “Transaction”), we may ask you to supply additional information relevant to your Transaction, such as your credit card number, the expiration date of your credit card and your address(es) for billing and delivery (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. The amounts due and payable by you for a Transaction through the Services will be presented to you before you place your order.

If you choose to initiate a Transaction via the Services, you authorize us to provide your Payment Information to third-party service providers so we can complete your Transaction and agree (a) to pay the applicable fees and any taxes; (b) that Saturday may charge your credit card or third party payment processing account, including, but not limited to, your account with the app store or distribution platform (like the Apple App Store, Google Play or the Amazon Appstore) where the App is made available (each, an “App Provider”), for verification, pre-authorization and payment purposes; and (c) to bear any additional charges that your App Provider, bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. You’ll receive a confirmation email after we confirm the payment for your order. Your order is not binding on Saturday until accepted and confirmed by Saturday. All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card or third-party payment processing charges unless you have made a reasonable attempt at resolving the matter directly with Saturday.

Saturday reserves the right to not process or to cancel your order in certain circumstances, for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances Saturday deems appropriate in its sole discretion. Saturday also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). Saturday will either not charge you or refund the charges for orders that we do not process or cancel.

All amounts are payable and charged at the beginning of the subscription and, because it renews automatically for an additional period equal in length to the expiring subscription term until you cancel it, at the time of each renewal until you cancel, using the Payment Information you have provided. You must cancel your weekly, monthly, or yearly Subscription before it renews to avoid the billing of the fees for the next Subscription period. If you purchase your Subscription via an App Provider, you can cancel the renewal of your subscription at any time with the App Provider. You will not receive a refund for the fees you already paid for your current subscription period and you will continue to receive the Services ordered until the end of your current Subscription period.

Saturday reserves the right to change its pricing terms for Subscriptions at any time and Saturday will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals after such changed pricing terms have been communicated to you. If you do not agree with the changes to Saturday's pricing terms then you may choose not to renew your Subscription. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Saturday regarding future functionality or features.

5. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SATURDAY TECHNOLOGIES INCORPORATED AND ITS managing MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS (COLLECTIVELY, THE "SATURDAY PARTIES") WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, FINANCIAL, OR INCIDENTAL DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD-PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF SATURDAY TECHNOLOGIES INCORPORATED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Disclaimers

The Service, including, without limitation, Saturday Content, is provided on an "as is", "as available" and "with all faults" basis. To the fullest extent permissible by law, the Saturday Parties don't make any representations or warranties or endorsements of any kind whatsoever, express or implied as to: (a) the Service; (b) the Saturday Content; (c) User Content; or (d) security associated with the transmission of information to Saturday or via the Service. In addition, the Saturday Parties hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

The Saturday Parties do not represent or warrant that the service will be error-free or uninterrupted; that defects will be corrected; or that the service or the server that makes the Service available is free from any harmful components, including without limitation, viruses. The Saturday Parties do not make any representations or warranties that the information (including any instructions) on the Service is accurate, complete, or useful. You acknowledge that your use of the Service is at your own sole risk. The Saturday Parties do not warrant that your use of the Service is lawful in any particular jurisdiction, and the Saturday Parties specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction's law is applicable to you and these terms of service.

By accessing or using the Service, you represent and warrant that your activities are lawful in every jurisdiction where access or use the Service.

The Saturday Parties do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character based upon or resulting from any content.