Effective Date: March 16th 2026

This End User License Agreement (“Agreement”) governs your (“you”, “your” or “User”) use of the Sorted™ mobile app software (“Software”) and Services described below provided by Creative Collectible Company, LLC (“CCC”, “we”, “us” or “our”) designed to operate on your smartphone, tablet or other mobile computing device (“Mobile Device”). You should also read our Privacy Policy, available here, which may be updated from time to time and effective upon posting, and which is incorporated by reference into this Agreement (“Privacy Policy”). Our website is www.tcgsorted.com (the “Website”).

1. Changes to the Agreement. We regularly update and improve the Software or Services, and may at times add, remove, or change features in order to improve your ability to use the Software or Services. Because we are constantly trying to improve our Software and Services, this Agreement may also need to change. We reserve the right to change the Agreement at any time.  We reserve the right to modify this Agreement at any time, and, if we do, we will bring it to your attention by placing a notice in the Software, by sending you an email, or by some other means By continuing to use the Software or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SOFTWARE AND THE SERVICES. If you do not agree with the new Agreement, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Agreement is effective, that means you agree to all of the changes.

2. License. Subject to the terms of this Agreement, we grant you a limited, nonexclusive and nontransferable license to: (a) download, install and use the Software for your personal, non-commercial use on Mobile Devices owned or controlled by you, and (b) access, stream, and use on such Mobile Devices the Services made available in or otherwise accessible through the Software, strictly in accordance with this Agreement. Your access to and use of the Services are governed by our Privacy Policy.

3. Services. Through the Software, we provide the following (collectively, “Services”):
1. Information about trading cards, including, but not limited to, card image, text, versions, and market price.
2. Enabling users to virtually organize and track a collection of trading cards that mimics their physical repository.
3. Products related to the Pokémon Trading Card Game (including, but not limited to, Pokémon TCG sealed products, accessories, and other hobby related merchandise) through our own online retail store, Sorted Shop.
4. Card scanning, which enables the Software to identify trading cards for easier access to the aspects of the Services described above. To enable this feature, camera access is required, and users will be prompted to give permission for the Software to access the user’s Mobile Device camera (which permission can be revoked at any time in the Mobile Device “permissions” settings).

4. Geographic Restrictions. Use of the Software may be prohibited or restricted in certain countries or regions. You acknowledge that you may not be able to access all or some of the Software features and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries or regions. If you access the Software from outside the United States, you are responsible for compliance with local laws.

6. Account Creation and Security.
1. Account Eligibility. Any use of the Software is void where prohibited. By accessing and using the Software, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. By agreeing to this Agreement, you represent to us that: (i) you have not previously been suspended or removed from the Services, and, (ii) your registration and your use of the Software is in compliance with any and all applicable laws and regulations. If you are using the Software on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to this Agreement and you agree to be bound by this Agreement on behalf of such organization.
2. You may establish a new User account, or login using your existing Sorted account, or an existing Dragon Shield account. All of the information that you supply to us in creating your User account must be accurate. You are responsible for maintaining the confidentiality of your account and password.
3. You are responsible for authorizing, deauthorizing and administering account access.
4. You are responsible for maintaining the confidentiality of the username and password you designate during the registration process (if applicable, and, as you update thereafter), and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security and ensure that you log out from your account at the end of each session. We are not responsible for any misuse of your account or information if you have (voluntarily or involuntarily) given someone access to it.

7. Subscriptions; Pricing; Usage Limits.
1. Certain features of the Services are available at no charge; other features require payment of fees or a recurring subscription. Subscription options, pricing, and available features are described in the Software and may change from time to time.
2. Subscription purchases are initiated within the Software but are processed and completed through the Apple App Store or Google Play Store, as applicable. All subscription payments, billing, renewals, and cancellations are handled by the applicable store and are subject to its terms and policies. Some paid features may require third-party app integrations.
3. Subscriptions automatically renew unless canceled prior to the end of the then-current billing period.
4. We may from time to time change the price for the subscription. Any price changes will be communicated with reasonable notice by email, in-app notifications, push notifications, in-app pop-ups, changes to the paywall inside the Software, or other method.
5. Cancellation. You may cancel your subscription at any time. Cancellation will take effect at the end of the then-current billing period, and you will continue to have access to paid features until that time. Cancellation may be done only through Apple App Store or Google Play Store. Except as expressly stated in this Agreement, fees are nonrefundable, except as required otherwise by applicable law, or by the applicable app store.
6. Usage Limits. Certain paid features of the Services rely on Third-Party Services and incur usage-based costs. To ensure the continued availability and sustainability of these features, we may impose reasonable usage limits, caps, or restrictions, which may vary by subscription plan and may be described in the Software or related documentation. Usage limits may include, without limitation, restrictions on frequency, volume, or rate of use. We reserve the right to monitor usage and to throttle, limit, suspend, or restrict access to premium features if we reasonably determine that usage exceeds applicable limits, is abusive, or circumvents intended restrictions. Usage limits and availability of paid features may change from time to time. Attempts to bypass, manipulate, or avoid usage limits are prohibited and may result in suspension or termination of your account.

8. User Feedback; Third-Party Social Media Posting
1. By submitting any ideas or suggestions to us (through the Software, or on our Website, social media sites, or other digital platforms, or through Google or other review sites, or other means) (collectively, “Feedback”) you agree that such Feedback shall be deemed, and shall remain, our property, and you agree to and do hereby assign to us all your right, title, and interest in and to all Feedback (including without limitation intellectual property rights and a waiver of all moral rights) without compensation or further notice to you. We shall be entitled to use of the Feedback without restriction for any purpose whatsoever, commercial or otherwise, without compensation or further notice to you. None of the Feedback shall be subject to any obligation of confidentiality on our part, but, you shall not be liable for our use or disclosure of any Feedback.

9. Availability; Data
1. We shall use commercially reasonable efforts to provide continuous access to the Services. We do not guarantee that the Services will be accessible at all times. The Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Services inaccessible for a limited amount of time due to unforeseen circumstances.
2. Force Majeure Events. We shall not be liable to you or any other person, firm or entity for any failure of performance under this Agreement (such as, but not limited to, availability, features, functions, or performance of the Software or Services) in the event of any cause beyond our reasonable control, including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, pandemic, epidemic or other national or local health emergency, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays (each of the foregoing a “Force Majeure Event”).
3. We have the right to refuse to provide any aspect of the Services or access to the Software. We can subcontract any aspects of the Services, such as, but not limited to, outside hosting and storage, to third parties, which may be inside or outside the United States.
4. Content and Data Retention, Backup and Deletion. Content and data uploaded to the Software is backed up periodically, but we are not responsible for storing or retaining content and we shall not be liable for any loss, deletion or alteration of any posted content or user data. Users/posters should have a backup copy of their content before posting.
5. The Software provides functionality for users to upload, store, and manage content and data as part of the Services. We use commercially reasonable efforts to maintain the availability and integrity of user content and may perform periodic backups of data for operational purposes. However, we do not guarantee that any content or data will be retained indefinitely or that it will be immune from loss, corruption, deletion, or alteration.
6. Backups we perform are not intended as a replacement for user-maintained backups and may not be available in all circumstances or at all times. You are responsible for maintaining your own backup copies of any content or data that is important to you.
7. To the fullest extent permitted by law, we disclaim liability for any loss, deletion, or alteration of content or user data resulting from technical failures, system maintenance, Third-Party Services, unauthorized access, or Force Majeure Events.
8. We reserve the right to deactivate any accounts which have not been active for at least 12 months. We reserve the right to delete data and content in deactivated accounts.

12. Third-Party Materials. The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you and your access and use of them are entirely at your own risk and subject to such third parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

13. Acceptable Use of the Software and the Services.
1. Use of the Software and any of your information or content collected, transmitted or stored in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access our proprietary information that is not authorized by us; (d) uses or launches any automated system to access our Website or computer systems; (e) attempts to introduce viruses, Trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to our or our service provider’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; (h) “stalks” or otherwise harasses any person; (i) uses any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Software or its contents; (j) asks users or uses users to conceal the identity, source, or destination of any illegally gained money or products; (k) collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Software; (l) forges headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted to or through the Software (either directly or indirectly through use of third party software); (m) “frames” or “mirrors” any part of the Software, without our prior written authorization; (n) uses meta tags or code or other devices containing any reference to us or the Software (or any of our trademarks, trade names, service marks, logos, or slogans) to direct any person to any other website for any purpose; or, (o) otherwise violates this Agreement. we reserve the right, in its sole discretion, to terminate this Agreement, request that you remove the Software from your Mobile Device for any reason, including, but not limited to, our reasonable conclusion that you have violated this Agreement.
2. Use of the Software in any manner not allowed under this Agreement or, for users of Apple-manufactured devices (e.g., iPhone, iPad, etc., or other devices using the iOS platform) the Apple LSEULA (see Section Error! Reference source not found. below), including, without limitation, resale, transfer, modification, reverse engineering, or distribution of the Software is prohibited. This Agreement does not entitle you to receive and does not obligate us to provide hard-copy documentation, support, telephone assistance, or enhancements or Updates to the Software.

14. Account Suspension and Termination.
1. We may terminate or suspend your account or use at any time without notice if we believe that you have breached this Agreement, or for any other reason, with or without cause, in its sole discretion. Upon such termination or suspension, you will not be entitled to any refund of unused fees for in-app purchases. We are not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account. After your User Account is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
2. You may terminate your account at any time by following the account deletion instructions within the Software. Termination of your account does not automatically cancel any active subscription, and subscriptions purchased through third-party platforms (such as the Apple App Store or Google Play Store) must be canceled through the applicable platform.
3. Upon termination of your account:
1. You may continue to use the Software, but will be limited to the features available for non-registered users.
2. We may delete or deactivate your account and associated content, subject to our data retention practices described in our Privacy Policy.

15. No Commercial Use by Users. The Software is for personal use only. Users may not use the Software or any content contained in the Software (including, but not limited to, content of other users, designs, text, graphics, images, video, information, logos, software, audio files and computer code) in connection with any commercial endeavors other than in connection with the Services, such as (i) advertising or soliciting any user to buy or sell any products or services not offered by us or (ii) soliciting others to attend parties or other social functions, or networking, for commercial purposes. We may investigate and take any available legal action in response to illegal and/or unauthorized uses of the Software, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Software.

16. Cooperation with Law Enforcement and Government Agencies; Required Disclosures.
1. You acknowledge that we have the right to investigate and prosecute violations of this Agreement, including intellectual property, publicity and privacy rights infringement and security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that we have no obligation to monitor your access to or use of the Software or the Services, but we have the right to do so for the purpose of operating the Software, to ensure your compliance with this Agreement or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.
2. You understand and agree that we may disclose your Personal Information (as defined in our Privacy Policy) if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request, or if we believe that such action is necessary to (a) conform to the law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) to enforce this Agreement (including for billing and collection purposes), take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our Software and Services; or, (c) to exercise or protect the rights, property, or the safety of us, our users or others.

17. Intellectual Property; Reservation of Rights. You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. We and our licensors and service providers reserve and shall retain their entire right, title and interest in and to the Software, including all copyrights, trademarks, other intellectual property rights and all other rights therein or relating thereto, except as expressly granted to you in this Agreement. All rights not specifically granted herein are reserved by us.

18. Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL WE BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE SOFTWARE, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT YOU HAVE PAID US IN THE 12-MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE THE CLAIM FOR LIABILITY AROSE, OR US$100.00, AND (B) IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, ENHANCED, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY SERVICES THAT THE SOFTWARE MAY DIRECT YOU TO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA, FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE, OR EMOTIONAL DISTRESS.

20. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE AGAINST US OR OUR AFFILIATES, LICENSEES OR OTHER USERS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE OR SERVICES MUST BE COMMENCED WITHIN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21. Indemnification. You agree to defend, indemnify, and hold harmless (at our option) us and our employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Software or the Services, violation of this Agreement or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. Your indemnification obligations extend to any allegations of copyright infringement, violation of the Digital Millennium Copyright Act or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, photos, images or photos, audio or video recordings, including any of the foregoing that have been digitally created or altered. You agree to cooperate with us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter (including settlement) subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

22. Intellectual Property Rights. You and we acknowledge that, in the event of any third party claim that the Software or your use of the Software infringes any third party’s intellectual property rights, we, and not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, your sole and exclusive remedy shall be either to cease using the Software or to use a non-­infringing version of the Software should we choose to provide you with such a non-infringing version.

23. Product Claims. You acknowledge that we, not Apple, Inc. or Google, are responsible for addressing any claims of the end-user or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection or similar legislation.

24. Proprietary Nature of Software and Trademarks. We own or are licensed to use the Software. The Software may incorporate trademarks, service marks or other content in connection with the Services it provides and such trademarks, service marks or other content remains at all times the property of its respective owners. You have no right or license with respect to any trademarks, service marks and other content owned by us or any third party that is visible on or provided to you through the Software.

25. Third-Party Terms of Agreement. You agree to comply with all applicable third-party terms of agreement when using the Software.

26. Governing Law. In order to assure consistency in the interpretation of this agreement, this Agreement is governed exclusively by the laws of the State of Tennessee, USA, without giving effect to its conflict of law rules. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of this Agreement is Nashville, Tennessee, USA. Subject to the Arbitration Agreement in Section Error! Reference source not found. below, you consent to the exclusive venue and personal and subject matter jurisdiction in the state and federal courts of Davidson County, Tennessee, USA.

27. Mandatory Arbitration; Arbitration Agreement.
    MANDATORY BINDING ARBITRATION
1. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Software shall be by binding non-appearance-based arbitration (the provisions of this Section Error! Reference source not found. being referred to as the “Arbitration Agreement”). In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. Notwithstanding the foregoing, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Software, disclosure of our confidential information or trade secrets, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the dispute resolution process described above. Any proceeding to enforce this Arbitration Agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. If you or we pursue arbitration, the arbitration action must be initiated within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the relevant claim.
2. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
3. Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to the arbitration provisions of this Arbitration Agreement.
4. Waiver of Jury Trial. Other than to the extent prohibited by law, each party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.

28. Class Action Waiver. Other than to the extent prohibited by law, any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under this Agreement or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

29. Communications; Notices. When creating a User account you will be asked to opt-in to certain communications. If you opt-in, you agree to and do hereby consent to receive email and other electronic communications (in-app messages, push notifications, etc.) from us and/or by posting notices on your account profile page concerning our Services (collectively, “Communications”). For Users with an account, Communications may be those that we are required to send to you by law (e.g., data security incident notifications) concerning us, your account or information, the Website, or the Services (“Required Communications”). The Communications may also be those that we send to you for other reasons. We may also send you promotional or marketing communications only in the event you have provided separate consent, and you may opt-out of such communications at any time by following the unsubscribe instructions included in those messages or by updating your communication preferences in your account settings.

30. You may change the email for your account by contacting us. You may opt out of receiving all Communications, other than Required Communications, via email by sending a notice to us that identifies your full name, user name and email address; however, you will not receive any further electronic notices from us (other than Required Communications), which notices may include important notices or announcements.

31. Agreement. This Agreement, including, but not limited to, the Privacy Policy (and updates to the foregoing), and any other terms agreed to by way of your express consent or your use of the Software or the Services shall constitute the entire and exclusive understanding and agreement between you and us regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration. The failure of us to exercise or enforce any right or provision of this Agreement, including any failure to act with respect to a breach, will not constitute a waiver of such right or our right to act with respect to subsequent or similar breaches. The headings of sections and paragraphs in this Agreement are for convenience only and shall not affect its interpretation.

33. Contact Information. Should you wish to contact us with any questions, complaints or claims with respect to the Software or the Services, please email us at geral@tcgsorted.com.

34. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

35. Incorporation of Apple. Inc. Licensed Software End User License Agreement. For users of Apple-manufactured devices (or other devices using the iOS platform), the following terms of this Section 1 shall apply.
1. This Agreement incorporates by reference the Licensed Software End User License Agreement (the “LSEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Section 1, the “Software” referred to in this Agreement is considered the “Licensed Software” as defined in the LSEULA and we are considered the “Software Provider” as defined in the LSEULA. If any terms of this Agreement conflict with the terms of the LSEULA, the terms of this Agreement shall control to the extent of the conflict.
2. Acknowledgement. We and you, the end-user of the Software, acknowledge that the Agreement is entered into by and between us and you, and is not with Apple, Inc. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. We are solely responsible for the Software and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.