These Terms of Use ("Terms") are a legal agreement between you and MCA Works, LLC, an Alaska limited liability company ("MCA Works," "we," "us," or "our"). These Terms govern your access to and use of our websites, mobile applications, software, digital content, features, documentation, updates, communications, and related services that link to or reference these Terms (collectively, the "Services").
By accessing or using the Services, downloading an application, creating an account, making a purchase, starting a subscription, or clicking to accept these Terms, you agree to be bound by these Terms. If you do not agree, do not use the Services.
Applications made available through the Apple App Store are licensed, not sold, to you. For applications distributed through the Apple App Store, these Terms are intended to operate as a custom end user license agreement between you and MCA Works, unless a different agreement is presented to you at the time of download, purchase, installation, or use.
Your use of Apple-branded products and services, including the Apple App Store, may also be governed by terms, rules, and policies of Apple Inc. ("Apple") and its affiliates. You are responsible for complying with all applicable third-party terms when using the Services.
Apple is not a party to these Terms. Apple has no obligation to provide maintenance or support for the Services. As between Apple and MCA Works, MCA Works is solely responsible for the Services, their content, and any claims relating to the Services, except to the extent these Terms or applicable law provide otherwise.
If the Services fail to conform to any applicable warranty that cannot lawfully be disclaimed, you may notify Apple, and Apple may refund the purchase price, if any, for the applicable application to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Services.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms for applications distributed through the Apple App Store. Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce these Terms against you as a third-party beneficiary.
You may use the Services only if you can form a binding contract with MCA Works and only in compliance with these Terms and all applicable laws, rules, and regulations. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.
The Services are not intended for children under 13 years of age. If a Service has a higher age requirement under applicable law, platform rules, or notices within the Service, that higher age requirement applies.
Subject to your compliance with these Terms, MCA Works grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to download, install, access, and use the applicable Services for your own personal or internal business purposes on devices that you own or control, or as otherwise permitted by the applicable platform rules.
We reserve all rights not expressly granted to you. The Services are licensed, not sold. You do not acquire any ownership interest in the Services.
You may not, and may not allow anyone else to:
You are responsible for your use of the Services and for all decisions, actions, omissions, and consequences arising from that use. You are responsible for entering accurate information, reviewing outputs carefully, maintaining backups of important information, preserving independent records, and verifying any information, calculation, alert, recommendation, reminder, result, or output before relying on it.
You are also responsible for understanding and complying with any laws, rules, regulations, contracts, professional standards, industry standards, safety procedures, employer policies, platform rules, or third-party terms that apply to you or to your use of the Services.
The Services may assist you with information, organization, reminders, calculations, estimates, references, communications, records, analysis, or other functionality. The Services are not authoritative sources of truth and are not a substitute for independent verification, official records, qualified professional judgment, applicable standards, or advice from an appropriate licensed or qualified professional.
You must independently verify all information, dates, deadlines, alerts, records, calculations, conversions, estimates, recommendations, classifications, instructions, outputs, and conclusions before using them. You must not rely on the Services as your sole or primary basis for making, delaying, or avoiding any decision or action that could affect health, safety, legal rights, legal obligations, regulatory status, professional status, financial interests, property, navigation, operations, engineering, design, construction, compliance, emergency response, or any other important interest.
The Services may contain errors, omissions, outdated information, incomplete information, incorrect assumptions, incorrect calculations, software bugs, data loss, synchronization errors, display errors, notification failures, or interruptions. Device settings, operating system behavior, connectivity, third-party services, user input errors, platform changes, and other factors outside our control may prevent the Services from operating as expected.
You should consult appropriate official sources, qualified professionals, legal counsel, medical professionals, financial professionals, technical professionals, regulatory authorities, or other reliable sources before acting or failing to act based on the Services when the matter is important.
The Services are not designed or warranted for use as fail-safe systems, life- critical systems, emergency systems, sole systems of record, sole compliance systems, sole safety systems, or sole decision-making systems. You may not use the Services where failure of the Services could reasonably be expected to result in death, personal injury, severe property damage, environmental harm, legal noncompliance, regulatory violation, loss of rights, loss of professional status, significant financial loss, or other substantial harm unless you have implemented independent review, redundancy, validation, supervision, and fail-safe procedures appropriate for the risk.
MCA Works does not provide legal, medical, financial, accounting, tax, engineering, architectural, regulatory, professional, or other licensed advice through the Services. Information provided through the Services is for general informational purposes only. You should consult your own qualified advisor or counsel before making decisions that require professional judgment.
Some Services may allow or require you to create an account. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. You must provide accurate account information and keep it current. You must notify us promptly if you believe your account has been compromised.
We may suspend or terminate access to any account or Service if we reasonably believe that you have violated these Terms, created risk for us or others, failed to pay amounts owed, or used the Services in a harmful, unlawful, or abusive manner.
You are responsible for any information, content, files, records, entries, prompts, notes, images, feedback, or other materials you submit, upload, store, transmit, or process through the Services ("User Content"). You represent that you have all rights necessary to provide your User Content and that your User Content does not violate law or the rights of others.
You retain ownership of your User Content. You grant MCA Works a limited license to host, store, process, transmit, display, and use your User Content as necessary to operate, maintain, secure, improve, and provide the Services, comply with law, enforce these Terms, and protect MCA Works and users.
You are responsible for maintaining your own copies and backups of User Content. We are not responsible for loss, corruption, deletion, failure to store, or failure to synchronize User Content, except to the extent liability cannot be limited under applicable law.
Our collection, use, and disclosure of personal information are described in our Privacy Policy, if one is posted for the applicable Service. By using the Services, you acknowledge that we may collect and use information as described in the applicable Privacy Policy and in any privacy notices presented within the Services.
Some Services may be free, paid, subscription-based, usage-based, or offered through in-app purchases. Prices, features, trial periods, renewal terms, cancellation rights, and refund rules may be presented in the applicable Service or by the applicable platform or payment provider.
For purchases made through the Apple App Store or another third-party platform, billing, cancellation, and refunds may be handled by that platform under its own terms and policies. We do not control all platform billing or refund decisions.
You are responsible for any taxes, fees, or charges associated with your purchase or use of the Services, except for taxes based on our income.
The Services may display, link to, interoperate with, rely on, or incorporate third-party websites, platforms, services, data, content, software, APIs, tools, payment processors, maps, networks, operating systems, app stores, cloud services, or other materials. We do not control third-party services or materials and are not responsible for them.
Third-party services may change, become unavailable, produce inaccurate results, impose usage limits, charge fees, or collect information under their own terms and privacy policies. Your use of third-party services is at your own risk and may be subject to separate terms.
We may update, modify, suspend, discontinue, limit, replace, or remove any feature, content, functionality, or Service at any time, with or without notice, subject to applicable law and any rights you may have through a platform or paid subscription.
We do not guarantee that the Services will be available, uninterrupted, secure, timely, accurate, complete, compatible with any device or operating system, or free from errors, defects, malware, data loss, or harmful components.
The Services, including software, interfaces, designs, text, graphics, logos, icons, images, audio, video, databases, compilations, documentation, and other materials, are owned by MCA Works or its licensors and are protected by copyright, trademark, trade secret, and other intellectual property laws.
You may not use our name, trademarks, logos, or branding without our prior written permission, except as allowed by law.
If you submit ideas, suggestions, bug reports, feature requests, comments, or other feedback, you grant MCA Works a perpetual, irrevocable, worldwide, royalty-free, fully paid, sublicensable, transferable license to use, reproduce, modify, distribute, display, perform, and otherwise exploit that feedback for any purpose without compensation or obligation to you.
If you believe content in the Services infringes your copyright, you may contact us at the address below with: your name and contact information; identification of the copyrighted work; identification of the allegedly infringing material; a statement that you have a good-faith belief the use is not authorized; a statement that the information in your notice is accurate; and your physical or electronic signature.
To the maximum extent permitted by applicable law, the Services are provided "as is," "as available," and "with all faults," without warranties of any kind, whether express, implied, statutory, or otherwise.
To the maximum extent permitted by applicable law, MCA Works disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, availability, compatibility, security, reliability, and course of performance or usage of trade.
MCA Works does not warrant that the Services will meet your requirements; that outputs will be accurate, complete, current, or suitable for your intended use; that alerts, reminders, calculations, records, recommendations, or results will be correct or timely; that defects will be corrected; that data will not be lost; or that the Services will be uninterrupted, secure, error-free, or free of harmful components.
Some jurisdictions do not allow the exclusion of certain warranties. In those jurisdictions, the exclusions apply only to the maximum extent permitted by law.
To the maximum extent permitted by applicable law, MCA Works and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, enhanced, or similar damages, or for loss of profits, revenue, business, business opportunity, goodwill, use, data, records, rights, professional status, regulatory status, reputation, savings, or other intangible losses, arising out of or relating to the Services or these Terms, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, MCA Works's total cumulative liability for all claims arising out of or relating to the Services or these Terms will not exceed the greater of: (a) the amounts you paid directly to MCA Works for the applicable Service during the twelve months before the event giving rise to the claim; or (b) one hundred U.S. dollars (US $100).
The limitations in this section apply to all theories of liability, including contract, tort, negligence, strict liability, warranty, statute, and otherwise, whether or not a limited remedy is found to have failed of its essential purpose.
Nothing in these Terms limits liability to the extent liability cannot lawfully be limited, including liability that applicable law does not allow to be limited for fraud, intentional misconduct, certain statutory violations, or certain personal injury claims.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MCA Works and its members, managers, officers, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, demands, actions, losses, liabilities, damages, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:
We reserve the right to control the defense of any matter subject to indemnification, in which case you agree to cooperate with us. You may not settle any claim in a way that imposes liability, obligation, admission, or restriction on MCA Works without our prior written consent.
Before filing a legal claim against MCA Works, you agree to first send written notice to MCA Works describing your name, contact information, the Service at issue, the nature of the dispute, the relief you seek, and the facts supporting your claim. Notice must be sent to the contact address listed at the end of these Terms.
After notice is received, you and MCA Works agree to try in good faith for 30 days to resolve the dispute informally. This section does not prevent either party from seeking emergency injunctive relief, filing a claim before expiration of an applicable limitations period, or exercising rights that cannot be waived under applicable law.
Please read this section carefully. It affects how disputes are resolved.
To the maximum extent permitted by law, you and MCA Works agree that any dispute, claim, or controversy arising out of or relating to the Services or these Terms will be resolved by binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if the claim qualifies, and either party may seek injunctive or equitable relief in court to protect intellectual property, confidential information, security, or unauthorized use of the Services.
The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable. The arbitration will be conducted by a single neutral arbitrator. The seat of arbitration will be Anchorage, Alaska, unless the parties agree otherwise or the applicable arbitration rules require a different consumer venue. The arbitrator may allow remote proceedings when appropriate.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement to the extent applicable. Alaska law governs the substance of the dispute except as otherwise provided in these Terms.
You and MCA Works agree that each may bring claims only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, representative, private attorney general, or similar proceeding, to the maximum extent permitted by law.
The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim, except where applicable law requires otherwise.
If a court or arbitrator determines that the class action waiver in this section is unenforceable as to a particular claim or request for relief, then that claim or request for relief must proceed in court and not in arbitration, but only to the extent required by law. The rest of this arbitration agreement will continue to apply to all other claims and requests for relief.
You may opt out of this arbitration agreement by sending written notice to MCA Works within 30 days after you first accept these Terms. Your opt-out notice must include your name, contact information, the Service used, and a clear statement that you opt out of arbitration. Opting out of arbitration does not opt you out of any other part of these Terms.
These Terms and any dispute arising out of or relating to the Services are governed by the laws of the State of Alaska, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration agreement to the extent applicable.
For any dispute not subject to arbitration, you and MCA Works agree to the exclusive jurisdiction and venue of the state and federal courts located in Anchorage, Alaska, unless applicable law requires a different venue for a consumer claim that cannot be waived.
You may not use, export, re-export, import, sell, release, or transfer the Services except as authorized by United States law and the laws of the jurisdiction where the Services are obtained or used.
You represent and warrant that: (a) you are not located in a country or region subject to a U.S. government embargo or designated by the U.S. government as a terrorist-supporting country; and (b) you are not listed on any U.S. government list of prohibited or restricted parties.
The Services and related documentation are "commercial items" developed exclusively at private expense. If acquired by or on behalf of the United States government, they are provided with only the rights granted to all other users under these Terms, unless a written agreement signed by MCA Works states otherwise.
We may revise these Terms from time to time. The updated Terms will be posted with a new "Last updated" date. Changes are effective when posted unless a later date is stated.
If changes materially affect your rights or obligations, we will take reasonable steps to provide notice where required by law. Your continued use of the Services after updated Terms become effective means you accept the updated Terms. If you do not agree, you must stop using the Services.
You may stop using the Services at any time. We may suspend or terminate your access to the Services if you violate these Terms, create risk or possible legal exposure for us or others, fail to pay amounts owed, misuse the Services, or if we discontinue the Services.
Upon termination, the license granted to you will end, and you must stop using the Services. Sections that by their nature should survive termination will survive, including sections concerning restrictions, ownership, feedback, disclaimers, limitation of liability, indemnification, dispute resolution, governing law, venue, severability, and entire agreement.
MCA Works will not be liable for delay, failure, interruption, loss, or damage caused by events beyond our reasonable control, including natural disasters, severe weather, fire, flood, earthquake, power outages, internet or network failures, labor disputes, war, terrorism, civil unrest, public health events, government action, platform action, supply chain disruption, third-party service failure, security incidents, or failures of devices, operating systems, app stores, hosting providers, payment processors, or telecommunications networks.
You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, operation of law, or transfer of the Services or business.
If any provision of these Terms is found unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect. If a provision cannot be enforced as written, it will be modified or severed only to the extent necessary to make the rest of these Terms enforceable.
Our failure to enforce any provision of these Terms is not a waiver of our right to enforce that provision or any other provision later. Any waiver must be in writing and signed by MCA Works to be effective.
These Terms, together with any applicable Privacy Policy, purchase terms, subscription terms, platform terms, and notices presented within the Services, are the entire agreement between you and MCA Works regarding the Services and supersede all prior or contemporaneous agreements regarding the Services.
If a Service presents additional terms, those additional terms apply to that Service. If there is a conflict between these Terms and Service-specific terms, the Service-specific terms control for that Service only.
Questions, notices, and legal communications about these Terms may be sent to:
MCA Works, LLC
Anchorage, Alaska
Alaska Entity #10355932
Email: support@mca-works.com