Staminabar Terms of Service

Effective date: October 17, 2026
Last updated: October 17, 2026

The short version (plain language, not a substitute for the full Terms)
Staminabar is run by Lynn Allen Holdings, LLC, a Georgia company. You must be 18 or older to use it.
Staminabar reads health and fitness data you choose to share (today, from Apple Health on iPhone) and turns it into nine game attributes, each scored from 0 to 100.
Staminabar is not medical advice and not a medical device. The attributes are for games and entertainment. Talk to a doctor about your health.
You decide which games get your attributes. Each game must be paired by you, one at a time, and you can remove a game's access at any time in the app. Games never receive your raw health readings, your name, your email or your Staminabar user ID.
Do not cheat. Faking, spoofing or manipulating health data or attributes is not allowed, and we may reset or void attributes.
Staminabar mods (like our Skyrim plugin) are free, unofficial and not endorsed by the game publishers. Back up your saves.
The Service is provided "as is". Our liability is limited.
Disputes go to binding individual arbitration, not court, and you waive class actions and jury trials. You can opt out within 30 days by emailing legal@staminabar.io. See Section 30.
Privacy is covered by our Privacy Policy and our Consumer Health Data Privacy Policy, not by these Terms.

IMPORTANT NOTICE: SECTION 30 (DISPUTE RESOLUTION) CONTAINS A BINDING ARBITRATION AGREEMENT AND A WAIVER OF CLASS ACTIONS AND JURY TRIALS. IT AFFECTS HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. YOU MAY OPT OUT AS DESCRIBED IN SECTION 30.8.

Who we are and what these Terms cover
Accepting these Terms and related policies
Who can use Staminabar
Your account and sign-in
Deleting your account
Health and fitness disclaimer
Connecting your health data
Connecting games
Fair play and the integrity of attributes
Third-party games, platforms and services
Staminabar mods
Game publishers and our unofficial status
Staminabar-operated game servers
The website and the early-access waitlist
Beta features and test builds
Acceptable use
Security research
Your content and feedback
Our intellectual property and your license
Copyright complaints (DMCA)
Fees and purchases
Apple App Store terms
Google Play terms
Changes to the Service
Changes to these Terms
Suspension and termination
Disclaimer of warranties
Limitation of liability
Indemnity
Dispute resolution, binding arbitration and class action waiver
Governing law and venue
Export controls and sanctions
Electronic communications and notices
General terms
California consumer notice
Contact us

1. Who we are and what these Terms cover

1.1 Who we are. Staminabar is operated by Lynn Allen Holdings, LLC, a Georgia limited liability company doing business as Staminabar ("Staminabar", "we", "us" or "our"). Our mailing address is 5450 Glenridge Drive, Apt 251, Atlanta, GA 30342.

1.2 What Staminabar does. Staminabar reads health and fitness data that you choose to share from your phone's health platform. It turns that data into nine game-facing attributes: Readiness, Rest, Exertion, Discipline, Stamina, Power, Mobility, Balance and Constitution. Games you connect can read those attributes and use them for in-game effects. Games cannot read your health readings.

1.3 What these Terms cover. These Terms of Service ("Terms") are a legal agreement between you and Staminabar. They apply to all of the following (together, the "Service"):

The Staminabar iOS app for iPhone, including any test builds distributed through Apple TestFlight;
The Staminabar Android app, which uses Android Health Connect, when and if it becomes available;
Our website at staminabar.io and its pages, including the early-access waitlist;
Staminabar APIs and backend services that the apps, games and mods connect to;
Staminabar mods: software we create that connects a third-party game to Staminabar. Today this is our Skyrim plugin built on SKSE. Mods for other games, such as a Minecraft mod built on Fabric, are planned, and these Terms will apply to them when available;
Staminabar-operated game servers: servers we run so that a Staminabar mod can pair with your account and fetch your attributes (for example, skyrim.play.dev.staminabar.io);
Any related features, content, emails, support and updates we provide.

1.4 What these Terms do not cover.

Third-party games. Games you play, including games that a Staminabar mod modifies, are governed by their own publishers' terms. See Sections 10 and 12.
Outside studios and developers. If you are a studio, developer or other organization that wants to integrate a game with Staminabar, the separate Staminabar Developer Terms govern that integration. These Terms do not grant any developer access. If you use Staminabar both as a player and as a developer, these Terms apply to your player use and the Developer Terms apply to your developer use.
Your privacy. How we collect, use, share and keep personal data is described in our Privacy Policy and our Consumer Health Data Privacy Policy, not in these Terms.

2. Accepting these Terms and related policies

2.1 Agreement. By creating an account, joining the waitlist, installing or using the app or a Staminabar mod, connecting to a Staminabar-operated server, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

2.2 Related policies. The following documents also apply to your use of the Service and are part of your agreement with us where they say so:

Privacy Policy (https://staminabar.io/privacy): how we handle personal data.
Consumer Health Data Privacy Policy (https://staminabar.io/consumer-health-data): how we handle consumer health data, including your rights under state consumer health data laws.
Security page (also called our Trust Center, https://staminabar.io/trust-center): how we protect the Service and how to report a security issue.
Staminabar Developer Terms (https://staminabar.io/developer-terms): rules for studios and developers. These apply only if you integrate a game with Staminabar.

Each is available on our website and, where relevant, in the app. If these Terms conflict with the Privacy Policy or the Consumer Health Data Privacy Policy on a privacy matter, the privacy document controls. Your consent to collect and share health data is requested separately in the app. Agreeing to these Terms is not that consent.

2.3 Platform terms. If you get the app from Apple's App Store or Google Play, Section 22 or Section 23 also applies.

3. Who can use Staminabar

3.1 You must be 18 or older. The Service is intended only for adults. You may use the Service only if you are at least 18 years old and able to form a binding contract where you live. No one under 18 may use the Service, create an account, join the waitlist, pair a game or use a Staminabar mod.

3.2 If we learn a user is under 18. If we learn or reasonably believe that an account belongs to someone under 18, we will close the account and delete its data as described in our Privacy Policy. If you believe a minor is using the Service, please email privacy@staminabar.io.

3.3 Other eligibility rules. You may not use the Service if we have previously closed your account for breaking these Terms, unless we agree in writing, or if Section 32 (export controls and sanctions) prohibits it.

3.4 Where the Service is offered. We operate the Service from the United States. We may limit where the app or any feature is available. If you use the Service from another country, you are responsible for following local law.

4. Your account and sign-in

4.1 How sign-in works. Staminabar does not use passwords. You sign up and sign in with your email address:

We email you a one-time sign-in link. It works once and expires after a short time (currently 1 hour). Requesting a new link cancels the older one.
Opening the link on your phone signs you in and enrolls that phone as a sign-in device.
Your phone creates a sign-in key that is bound to that device and stored in its secure storage. We store only the public half of the key. Later sign-ins on that phone use the key, so you do not need a new email each time.

4.2 One account per person. Each person may have only one account. An account is personal to you. Do not share it, sell it, transfer it or let anyone else use it. Do not create an account for someone else or with someone else's email address.

4.3 Accurate information. Give us an email address that you own and can receive mail at, and keep it current. Unverified sign-ups that are never completed expire automatically.

4.4 Keeping your account secure. You are responsible for keeping your email account and your enrolled devices secure, for example with a device passcode and by protecting access to your email. Anyone who can open your sign-in email on a device can sign in as you. You are responsible for activity on your account unless it results from our failure to follow these Terms. If you think someone has accessed your account or a device was lost or stolen, email security@staminabar.io right away.

4.5 Account communications. We send sign-in links and important account and service messages to your email address. See Section 33.

5. Deleting your account

5.1 In the app. You can delete your account at any time in the app: open Settings and tap Delete account. You do not need to contact us.

5.2 What happens. Deletion is immediate and cannot be undone. It removes your account record and email address, your sign-in devices and keys, your game connections, and the health readings and daily summaries stored by Staminabar. Each connected game's access is revoked, and games lose access within about 60 seconds. Copies may remain for a limited time in backups and logs, and a game may keep data it already received under its own policies. Our Privacy Policy and Consumer Health Data Privacy Policy describe retention and backups in detail.

5.3 By email. If you cannot use the app, email privacy@staminabar.io from the address on your account and we will help.

5.4 After deletion. You may sign up again later with the same email address. A new account starts fresh; we cannot restore deleted data or attributes.

6. Health and fitness disclaimer

Please read this section carefully.

6.1 Not medical advice. Staminabar does not provide medical advice, diagnosis or treatment. Nothing in the Service, including attributes, scores, tiers, trends, labels, colors or in-game effects, is a substitute for advice from a doctor or other qualified health professional.

6.2 Not a medical device. Staminabar is a general wellness and entertainment product. It is not a medical device and is not intended to diagnose, treat, cure, mitigate, monitor or prevent any disease or medical condition. It has not been reviewed or cleared by the U.S. Food and Drug Administration or any other regulator.

6.3 Attributes are game-facing and non-clinical. The nine attributes are game statistics. They are calculated with our own rules, compared against your own recent history rather than any medical or population standard, and may change as we improve them. They are not measurements of your health, fitness, risk or condition, and they have not been clinically validated. Health data from phones and wearables can be missing, delayed, imprecise or wrong, and attributes based on it can be too. Do not use Staminabar to make any health, medical, fitness, training, safety or nutrition decision.

6.4 Consult a physician. Talk to your doctor before starting or changing any exercise, sleep, diet or activity routine, especially if you have a medical condition, are pregnant, take medication or have not exercised recently. If you think you may have a medical emergency, call your doctor or emergency services immediately.

6.5 Assumption of risk for physical activity. Some games may reward real-world activity, sleep or recovery. Physical activity carries risks, including injury, illness and in rare cases death. You choose whether, when and how hard to exercise. You are solely responsible for listening to your body, stopping when you feel pain, dizziness or discomfort, and not exercising beyond your ability. To the fullest extent the law allows, you voluntarily assume all risks of any physical activity you choose to do in connection with the Service. Never exercise, or interact with your phone or a game, in a way that is unsafe, including while driving.

6.6 Gameplay effects are entertainment. Games and mods may turn attributes into in-game bonuses or, in some cases, penalties. For example, our Skyrim mod gives bonuses by default and offers an optional Hardcore mode, off unless you turn it on, that can apply mild in-game penalties when an attribute is low. All such effects are entertainment only. They are not a judgment about your health or a recommendation to change your behavior, and we do not promise any particular gameplay outcome.

6.7 No HIPAA relationship. Staminabar is not a health care provider, health plan or business associate, and HIPAA does not apply to the Service. Your data is protected as described in our Privacy Policy and Consumer Health Data Privacy Policy.

7. Connecting your health data

7.1 You are in control. Staminabar reads only the health data you allow. On iPhone, you choose which data types to share in Apple's Health permissions, and you can change or turn off that access at any time in the Health app or iOS Settings. When the Android app is available, you will make the same choices through Android Health Connect.

7.2 Read-only. The iOS app reads from Apple Health. It does not write to Apple Health.

7.3 Other sources. The app may show other data sources, such as wearables or Android Health Connect, as "Coming soon". We do not promise that any additional source will become available. If one does, these Terms will apply to it.

7.4 Disconnecting a source. You can disconnect a health source in the app. Disconnecting stops new syncing. It does not by itself delete readings already sent to Staminabar; those are handled under our retention rules or deleted when you delete your account (Section 5).

7.5 Your data, our permission to use it. Your health data belongs to you. You give us permission to collect, store and process it only as described in our Privacy Policy and Consumer Health Data Privacy Policy, including to run the Service, calculate your attributes and keep the Service secure. We do not sell your health data and we do not use it for advertising.

8. Connecting games

8.1 Per-game opt-in. No game receives your attributes unless you connect it. You connect each game separately:

The game (or its Staminabar mod) shows a QR code, either in the game or on a web page.
You scan it with the Staminabar app, or enter the code manually.
The app shows you the game's name and publisher from Staminabar's own records, not from the game, and what it will receive.
You tap Allow or Deny. Pairing requests expire after 5 minutes if you do nothing.

8.2 What a connected game receives. A connected game receives only the nine derived attributes. For each attribute this is a score from 0 to 100 (or no score if there is not enough data), a tier, a state, a trend, the change from your own usual level and an update cadence, plus the date the attributes are based on and whether they are out of date. A game never receives your raw health readings, heart rate, sleep times, weight, workout details, other clinical values, name, email address or Staminabar user ID.

8.3 Removing a game's access. You can remove a game's access at any time from the Games tab in the app by tapping Remove access. The game loses access within about 60 seconds. In-game effects that depend on Staminabar then stop. Deleting your account removes every game's access (Section 5).

8.4 What a game does with your attributes. Games may use attributes only for in-game features. What a third-party game does with attributes it has already received is governed by that game's terms and privacy policy and, for integrated studios, the Staminabar Developer Terms. We are not responsible for a third-party game's use of attributes, except as our privacy policies state.

8.5 Only verified games. Only games registered and verified by Staminabar can pair with your account. Today, the only games that can connect are Staminabar's own mods. Verification means only that we have registered the integration. It is not an endorsement of the game, its content or its publisher.

8.6 Availability of attributes. Attributes may be missing, stale, delayed or wrong, for example if your phone has not synced, data is incomplete or a service is unavailable. Games should handle missing attributes, and our own mods do not apply penalties for missing or stale data.

9. Fair play and the integrity of attributes

9.1 No cheating. Attributes are meant to reflect data recorded about you, by your own devices, through normal use. You must not, and must not help anyone else to:

fake, spoof, simulate, script, replay or manually enter health data in order to change your attributes;
attach your wearable to another person, an animal, a machine or an object, or otherwise generate readings that are not yours, in order to change your attributes;
use another person's health data or account;
tamper with, intercept or alter the app, a mod, network traffic, attributes or the data a game receives;
exploit bugs, timing or errors to gain an advantage, or fail to tell us about an exploit you find; or
sell, trade or share access to attributes or connected accounts.

Entering data manually in your health app for your own legitimate tracking is not cheating, but such data may be excluded or weighted differently when we calculate attributes.

9.2 What we may do. To protect fair play and the Service, we may, with or without notice: exclude data from attribute calculations; void, reset or recalculate attributes; disconnect games; or suspend or close accounts involved in cheating or abuse. We may use automated and manual checks to detect anomalies, as described in our Privacy Policy. Attributes have no cash value and you have no property right in them.

9.3 Single-player and multiplayer. Attributes are relative to your own history and are not designed to compare players fairly. If a game uses attributes in multiplayer or competitive play, that game's rules govern fairness in that game.

10. Third-party games, platforms and services

10.1 Not ours. The Service works with games, platforms, devices and services that we do not own or control, including Apple Health, iOS, Android, Health Connect, app stores, game publishers, game launchers, mod loaders and community tools ("Third-Party Services").

10.2 Their terms apply. Your use of a Third-Party Service is governed by its own terms and privacy policy. You are responsible for following them, including any game's end user license agreement and rules on mods and online play.

10.3 No responsibility, no endorsement. We are not responsible for Third-Party Services, their content, availability, security, data practices or changes. A game appearing in the app, being connectable, or being listed as "Coming soon" does not mean we endorse it or that it endorses us, and does not mean an integration will ever be released. A third-party publisher may change its game in ways that break a Staminabar integration, and we have no obligation to restore it.

11. Staminabar mods

11.1 What they are. A Staminabar mod is software we create that modifies a third-party game so it can pair with Staminabar and apply in-game effects. Today we offer a Skyrim Special Edition and Anniversary Edition plugin built on the Skyrim Script Extender (SKSE). We plan mods for other games, including Minecraft (Fabric); those mods are covered by this section when available.

11.2 License. Subject to these Terms, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use each Staminabar mod, in object code form, on devices you own or control, solely to play the relevant game for your own entertainment.

11.3 Free of charge. Staminabar mods are provided free of charge. We do not sell mods or charge for access to them.

11.4 Restrictions. Except as the law expressly allows despite this restriction, or as an included open-source license expressly permits for a specific component, you may not:

copy, redistribute, re-upload, mirror, sell, rent, lend or sublicense a Staminabar mod or any part of it, including on mod sites, unless we expressly allow it in writing;
decompile, disassemble, reverse engineer or attempt to derive the source code of a Staminabar mod;
modify, repackage or create derivative works of a Staminabar mod, or remove or alter any notice in it;
use a Staminabar mod, or any version you have changed, to access the Service in a way these Terms prohibit; or
use a Staminabar mod for any commercial purpose.

11.5 Open-source components. Staminabar mods include third-party open-source components. Those components are licensed under their own terms, which are listed in the notices file that comes with each mod. Nothing in these Terms limits your rights under those licenses for those components.

11.6 Community dependencies are third-party. Mods may require separate community tools that we do not make or distribute, such as SKSE, Address Library for SKSE Plugins and SkyUI for Skyrim, or Fabric for Minecraft when available. These are Third-Party Services under Section 10. You obtain them from their authors and use them under their own terms.

11.7 Use at your own risk. Mods change how a game runs. Installing or using a Staminabar mod may cause crashes, conflicts with other mods, performance problems, broken or corrupted saves, or other unexpected behavior, and a game update may stop a mod from working. Back up your saves and game files before installing, updating or removing a mod. Mods may only be tested on certain game versions. To the fullest extent the law allows, we are not responsible for lost progress, corrupted saves or problems with your game or device caused by installing or using a mod.

11.8 Online features of mods. A Staminabar mod connects only to the Staminabar-operated server for that game (Section 13). It stores a small amount of data on your computer, such as settings and an encrypted pairing token, and may store your current attributes inside your game saves. Our Privacy Policy describes this.

11.9 Updates and withdrawal. We may update, change or stop offering any mod at any time. Older versions may stop working with the Service. Get mods only from sources we designate; we are not responsible for copies obtained elsewhere.

12. Game publishers and our unofficial status

12.1 Unofficial. Staminabar and Staminabar mods are unofficial fan-made projects. Staminabar is not affiliated with, endorsed by, sponsored by or approved by Bethesda Softworks LLC, ZeniMax Media Inc., Microsoft Corporation, Mojang AB or any other game publisher, unless we clearly state otherwise for a specific game. Game names, logos and artwork belong to their respective owners and are used only to identify the game a mod works with.

12.2 Publishers' rules come first. You must own a legitimate copy of each game and follow the game publisher's end user license agreement, terms of use and mod policies when using a Staminabar mod. Those publishers' terms govern your use of their games. If a publisher's terms prohibit something, you may not use a Staminabar mod to do it.

12.3 Skyrim. The Elder Scrolls V: Skyrim and related marks are owned by their respective owners. Our Skyrim plugin does not include or redistribute the game or its files, and requires you to install the game and SKSE yourself.

12.4 Minecraft, when available. If and when we release a Staminabar mod or server for Minecraft:

NOT AN OFFICIAL MINECRAFT PRODUCT. NOT APPROVED BY OR ASSOCIATED WITH MOJANG OR MICROSOFT.
We will follow the Minecraft End User License Agreement and Minecraft Usage Guidelines.
We will never charge for, sell, or put behind a paywall or any paid Staminabar feature, the Minecraft mod, access to a Staminabar Minecraft server, or any Minecraft gameplay, items or content. No paid Staminabar feature will unlock or improve Minecraft gameplay.

12.5 Publisher requests. If a game publisher asks us to change or remove a mod or integration, we may do so without notice and without liability to you.

13. Staminabar-operated game servers

13.1 What they are. For each Staminabar mod, we run a server (a "Game Server") that handles pairing and passes your attributes to the mod after you connect it. For example, our Skyrim mod connects to skyrim.play.dev.staminabar.io. Game Servers do not host gameplay sessions and do not receive raw health data, your name or your email.

13.2 Availability, no SLA. Game Servers, like the rest of the Service, are provided on an "as is" and "as available" basis. Some currently run in development or pre-release environments. We do not offer consumers any service level agreement, uptime commitment, support response time or guarantee that a Game Server will be available, fast or error free.

13.3 Fair use and rate limits. Game Servers and our APIs have rate limits and other safeguards. Use them only through the Staminabar mod, at its normal rate. Do not call them with scripts or other tools, flood them with requests, or try to get around limits. We may throttle, block or disconnect traffic that we reasonably believe is abusive or harmful.

13.4 Changes and shutdown. We may change a Game Server's address, move it, pause it, reset its data (which may require you to pair again), or shut it down at any time, with or without notice. If we shut down a Game Server permanently, the related mod will stop receiving attributes.

14. The website and the early-access waitlist

14.1 Website content. Content on staminabar.io is for general information only. It may describe planned features that are not available yet and may become out of date. Nothing on the website is a promise that a feature will be offered.

14.2 Waitlist. If you join the early-access waitlist, you must be at least 18 and give accurate information. Joining does not guarantee access to anything, at any time. We may invite people in any order or close the waitlist. Information you submit is handled as described in our Privacy Policy.

14.3 Developer inquiries. If you sign up or contact us as a developer or studio, that does not give you access to Staminabar's developer interfaces. Developer access requires acceptance of the Staminabar Developer Terms.

15. Beta features and test builds

15.1 Betas. We may offer features, builds or mods labeled beta, preview, early access, test, closed testing or similar, and we may distribute test builds of the app through Apple TestFlight or similar programs ("Beta Features").

15.2 As is. Beta Features may be incomplete, contain bugs, change without notice, stop working or be withdrawn. Data created in a Beta Feature, including attributes and pairings, may be reset or lost. Beta Features are provided "as is", without any warranty, and are excluded from any commitment we make about the Service except our privacy commitments, which apply in full.

15.3 Test program terms. If you test through TestFlight or a similar program, that program's own terms also apply. If we ask you to keep a Beta Feature confidential, please do not share screenshots or details publicly until we release it.

16. Acceptable use

You agree not to, and not to help or allow anyone else to:

break any law, or use the Service to harm, harass, threaten, impersonate or defraud anyone;
use the Service if you are under 18, or let a minor use your account;
sign in as someone else, or connect or upload someone else's health data without their permission;
access, or try to access, accounts, devices, keys, servers, interfaces or data you are not authorized to reach;
probe, scan, test or bypass the security of the Service, except as allowed in Section 17;
overload, disrupt or interfere with the Service, Game Servers or other users, including with bots, scrapers, denial-of-service attacks, malware or excessive requests;
get around rate limits, access controls, pairing approvals or other safeguards;
copy, sell, resell, sublicense, frame or commercially exploit the Service or any part of it;
reverse engineer, decompile or disassemble the app, mods or Service, except as the law expressly allows despite this restriction;
build a competing product or service using the Service, or use it to benchmark for a competitor;
pretend to be a game, developer, studio or Staminabar, or misrepresent your relationship with us;
cheat or manipulate attributes in any way described in Section 9;
use the Service, or attributes, to make decisions about anyone's eligibility for employment, insurance, credit, housing, education or similar opportunities;
use attributes or data from the Service for advertising, marketing, data brokering or profiling of any person;
attempt to re-identify any person or reconstruct raw health data from attributes;
use the Service in violation of a game publisher's or platform's terms; or
use the Service in any way that violates these Terms or that we reasonably consider harmful to Staminabar, our users or third parties.

17. Security research

We welcome good-faith reports of security issues. Please follow the rules on our Security page and email security@staminabar.io with what you found, how to reproduce it and how to reach you. When testing, do not access, change or delete other people's data; do not degrade the Service for others; stop once you have shown the issue; and give us a fair chance to fix it before sharing it publicly. If you follow those rules, we will not treat your research as a breach of these Terms. We do not currently run a bug bounty and do not pay for reports.

18. Your content and feedback

18.1 Your content. The Service does not host public user content. The content you give us is limited to things like waitlist entries, support messages, bug reports and survey answers ("Your Content"). You keep ownership of Your Content. You give us a non-exclusive, worldwide, royalty-free license to use, store, copy and process Your Content only to operate, support and improve the Service and to communicate with you, as described in our Privacy Policy. You confirm that you have the right to give us Your Content and that it does not break the law or anyone's rights. Please do not send us medical records or other sensitive information we have not asked for.

18.2 Feedback. If you send us ideas, suggestions or feedback about Staminabar ("Feedback"), you give us a perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, copy, modify and otherwise exploit it for any purpose, without owing you anything or crediting you. Feedback does not include your personal data, which remains covered by our Privacy Policy. You are not required to send Feedback.

19. Our intellectual property and your license

19.1 Ownership. Staminabar and its licensors own the Service and all rights in it, including the app, mods, Game Servers, APIs, software, the attribute model and scoring methods, designs, text, graphics, logos and the Staminabar name. The Service is protected by intellectual property and other laws. Except for the licenses expressly granted in these Terms, we grant you no rights in the Service, whether by implication, estoppel or otherwise.

19.2 License to the app. Subject to these Terms, we grant you a limited, personal, non-commercial, non-exclusive, non-transferable, non-sublicensable and revocable license to download, install and use the app on devices you own or control, and to use the rest of the Service, solely for your own personal use. If you got the app from an app store, the scope of this license is also limited by Section 22 or Section 23.

19.3 Trademarks. "Staminabar", our logos and related names and designs are our trademarks. You may not use them without our prior written permission, except to refer to the Service accurately. Other names and marks belong to their owners and do not imply endorsement.

19.4 Updates. We may provide updates to the app or mods automatically or ask you to install them. Some updates may be required to keep using the Service.

20. Copyright complaints (DMCA)

20.1 Notices. We respect intellectual property rights. If you believe material available through the Service infringes your copyright, send a written notice to our designated copyright agent:

Copyright Agent, Lynn Allen Holdings, LLC (d/b/a Staminabar)
5450 Glenridge Drive, Apt 251, Atlanta, GA 30342
Email: legal@staminabar.io

Your notice must include, under the Digital Millennium Copyright Act (17 U.S.C. 512(c)(3)):

your physical or electronic signature;
identification of the copyrighted work you claim is infringed;
identification of the material you claim is infringing and enough information for us to find it, such as a URL;
your name, address, telephone number and email address;
a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent or the law; and
a statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

20.2 Counter-notices. If material you provided was removed and you believe it was removed by mistake or misidentification, you may send a counter-notice to the same agent that includes: your physical or electronic signature; identification of the material and where it appeared before removal; a statement under penalty of perjury that you have a good-faith belief it was removed by mistake or misidentification; and your name, address and telephone number, with a statement that you consent to the jurisdiction of the federal district court for your address (or, if you are outside the United States, any judicial district in which we may be found) and will accept service of process from the person who sent the original notice.

20.3 Repeat infringers. We will, in appropriate circumstances, close the accounts of users who repeatedly infringe others' rights.

20.4 Misrepresentations. Under 17 U.S.C. 512(f), anyone who knowingly makes a material misrepresentation in a notice or counter-notice may be liable for damages.

21. Fees and purchases

21.1 Free today. The Service, including the app and Staminabar mods, is currently free for players. There are no in-app purchases or subscriptions.

21.2 Future paid features. We may introduce paid features in the future. We will tell you the price and terms before you are charged, and you will not be charged unless you choose to buy. Features that are free when you start using them will not become paid without notice to you first. Any paid feature will be subject to Section 12.4 for Minecraft.

21.3 App store purchases. If we ever sell anything through the Apple App Store or Google Play, the purchase will be processed by that store under its payment terms, and the store's refund policies will apply. Subscriptions, if offered, will clearly state their price, renewal period and how to cancel.

21.4 Taxes. If any purchase becomes available, you are responsible for applicable taxes except taxes on our income.

22. Apple App Store terms

This section applies if you got the app from the Apple App Store, including through TestFlight. It reflects Apple's minimum requirements for app license agreements. If this section conflicts with the rest of these Terms for an app obtained from Apple, this section controls.

Parties. These Terms are between you and Staminabar only, not with Apple Inc. ("Apple"). Staminabar, not Apple, is solely responsible for the app and its content.
Scope of license. Your license to the app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing where Apple allows it. Because the Service is for adults only, any such use is still subject to Section 3.
Maintenance and support. Staminabar is solely responsible for providing maintenance and support for the app, as described in these Terms or as required by law. Apple has no obligation at all to provide maintenance or support for the app.
Warranty. Staminabar is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation at all for the app, and any other claims, losses, liabilities, damages, costs or expenses due to any failure to conform to any warranty are Staminabar's sole responsibility, to the extent not disclaimed in these Terms.
Product claims. Staminabar, not Apple, is responsible for addressing any claims by you or any third party relating to the app or your possession or use of it, including: (a) product liability claims; (b) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy or similar legislation, including in connection with the app's use of the HealthKit framework. These Terms do not limit Staminabar's liability to you beyond what applicable law permits.
Intellectual property claims. If any third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, Staminabar, not Apple, is solely responsible for the investigation, defense, settlement and discharge of that claim.
Legal compliance. You represent and warrant that (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer name and address. Questions, complaints or claims about the app should be directed to: Lynn Allen Holdings, LLC (d/b/a Staminabar), 5450 Glenridge Drive, Apt 251, Atlanta, GA 30342; support@staminabar.io; legal notices to legal@staminabar.io.
Third-party terms. You must comply with applicable third-party terms when using the app, such as your wireless data service agreement.
Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and once you accept 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.

23. Google Play terms

This section applies when the Android app is available and you get it from Google Play.

These Terms are between you and Staminabar only, not with Google LLC or its affiliates ("Google"). Staminabar, not Google, is solely responsible for the app, its content, maintenance, support and any claims about it.
Your use of Google Play and of any app obtained from it is also subject to the Google Play Terms of Service and policies. If these Terms conflict with the Google Play Terms of Service for your use of Google Play itself, the Google Play Terms of Service control on that point.
Your use of Android Health Connect is subject to Google's terms and your Health Connect permissions, which you can change at any time in Android settings.
Any purchases through Google Play are processed by Google under its payment terms and refund policies.
Google is not responsible for the app and has no obligation to provide maintenance or support for it.

24. Changes to the Service

The Service is still being built. We may add, change, suspend or remove any feature, game integration, mod, Game Server, data source or attribute, or the way attributes are calculated, at any time. Where a change materially reduces what you can do with the Service, we will try to give you reasonable notice, but we may not be able to in every case, for example for security, legal or third-party reasons. We may also stop offering the Service entirely. If we do, we will try to give you at least 30 days' notice, and your data will be handled as described in our Privacy Policy.

25. Changes to these Terms

25.1 Updates. We may update these Terms from time to time. When we do, we will change the "Last updated" date above.

25.2 Notice of material changes. If a change is material, we will tell you at least 14 days before it takes effect, by email to your account address, by a notice in the app, or both. Changes that are needed for legal reasons or that only relate to new features may take effect sooner.

25.3 Acceptance. If you keep using the Service after a change takes effect, you accept the updated Terms. If you do not agree, stop using the Service and delete your account before the change takes effect.

25.4 Arbitration changes. Changes to Section 30 are governed by Section 30.12.

26. Suspension and termination

26.1 By you. You may stop using the Service at any time and delete your account as described in Section 5. You may remove a mod from your game at any time.

26.2 By us. We may suspend or close your account, revoke game connections, block access to a Game Server or end your license to the app or a mod, in whole or in part, if:

you break these Terms or our policies, or we reasonably believe you have;
you are under 18;
we reasonably believe your use creates risk or possible legal exposure for us, other users or third parties, or involves cheating, fraud or abuse;
we are required to by law, by a court or by a platform or game publisher; or
we stop offering the Service or a feature.

Where reasonable and lawful, we will tell you first and give you a chance to fix the problem. We may act immediately for serious or repeated violations, security threats or legal requirements. If you believe we suspended or closed your account by mistake, email support@staminabar.io.

26.3 Effect of termination. When your account or these Terms end: your licenses end; you must stop using the app and mods and uninstall them; game connections are revoked; and your data is handled as described in Section 5 and our privacy policies. Termination does not affect rights or obligations that arose before it.

26.4 Survival. Sections that by their nature should survive termination survive, including Sections 6 (Health and fitness disclaimer), 9.2, 10, 11.7, 12, 18, 19.1, 19.3, 20, 26.3, 26.4, 27 through 35 and any payment obligations.

27. Disclaimer of warranties

27.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE, INCLUDING THE APP, MODS, GAME SERVERS, ATTRIBUTES AND BETA FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

27.2 WITHOUT LIMITING THE ABOVE, WE DO NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; ATTRIBUTES OR ANY DATA WILL BE ACCURATE, COMPLETE OR RELIABLE; THE SERVICE WILL WORK WITH ANY PARTICULAR DEVICE, GAME, GAME VERSION, MOD OR THIRD-PARTY SERVICE; DEFECTS WILL BE CORRECTED; OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

27.3 We take reasonable steps to protect the Service, as described on our Security page, but no system is perfectly secure, and we cannot guarantee that unauthorized parties will never defeat our safeguards.

27.4 Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. In that case, any implied warranty is limited to the shortest period and narrowest scope the law allows.

28. Limitation of liability

28.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL STAMINABAR, ITS AFFILIATES, OR ITS OR THEIR MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SUPPLIERS (THE "STAMINABAR PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GAME PROGRESS, SAVES, GOODWILL OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN TOLD SUCH DAMAGES ARE POSSIBLE.

28.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE STAMINABAR PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).

28.3 WITHOUT LIMITING THE ABOVE, THE STAMINABAR PARTIES ARE NOT LIABLE FOR: ANY INJURY, ILLNESS OR HEALTH OUTCOME ARISING FROM PHYSICAL ACTIVITY OR ANY HEALTH DECISION YOU MAKE; THIRD-PARTY GAMES, MODS, TOOLS OR SERVICES; LOST OR CORRUPTED GAME SAVES; OR ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT CAUSED BY YOUR FAILURE TO SECURE YOUR EMAIL OR DEVICES; EXCEPT TO THE EXTENT CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

28.4 These limits apply even if a remedy fails of its essential purpose. They are an essential part of the bargain between you and us; the Service is offered free of charge in reliance on them.

28.5 What we do not limit. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including, where the law requires, liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct. Some jurisdictions do not allow certain limits, so some of the above may not apply to you, and you may have additional rights under the law where you live.

29. Indemnity

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the Staminabar Parties from and against any third-party claims, and related losses, damages, liabilities, costs and reasonable attorneys' fees, arising out of: (a) your breach of these Terms; (b) your violation of any law or of a third party's rights, including a game publisher's terms; (c) your cheating or manipulation of health data or attributes; or (d) Your Content. This does not apply to the extent a claim is caused by our own breach, negligence or misconduct. We will tell you promptly about any claim, may choose to control the defense at our own cost, and you will cooperate reasonably. You may not settle a claim that imposes any obligation on us without our written consent.

30. Dispute resolution, binding arbitration and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS.

30.1 Informal resolution first. Before starting arbitration or a court case, you and we each agree to try to resolve any dispute informally for at least 60 days. To start, the person raising the dispute must send a written notice ("Notice of Dispute"). If you are sending it, email it to legal@staminabar.io, or mail it to 5450 Glenridge Drive, Apt 251, Atlanta, GA 30342. If we are sending it, we will email it to your account address. The Notice must include the sender's name, the email address on the Staminabar account (if any), a description of the dispute and the relief requested, and must be personally signed by the person raising it (and by their lawyer, if they have one). During the 60 days after the Notice is received, the parties will try in good faith to resolve the dispute, and either party may ask for an individual phone or video conference, which the person raising the dispute must attend personally (with counsel if represented). Statutes of limitations and filing-fee deadlines are paused (tolled) during this period. Completing this process is a condition to starting arbitration or a lawsuit, and an arbitrator or court may enforce it.

30.2 Agreement to arbitrate. If the dispute is not resolved within 60 days, you and Staminabar agree that any dispute, claim or controversy arising out of or relating to these Terms, the Service, or your relationship with us, whether based on contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before or after you accepted these Terms ("Dispute"), will be resolved by final and binding individual arbitration, except as provided in Section 30.3. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. 1 et seq. ("FAA").

30.3 Exceptions. The following do not have to be arbitrated:

Small claims. Either party may bring an individual claim in small claims court in Fulton County, Georgia, or in the county where you live, if the claim qualifies and stays there on an individual basis.
Intellectual property and injunctive relief. Either party may bring a lawsuit in court, under Section 31, solely for injunctive or other equitable relief to stop the unauthorized use or abuse of the Service, or for infringement or misappropriation of intellectual property rights such as copyrights, trademarks, trade secrets or patents.
Claims the law does not allow to be arbitrated. Any claim that, under applicable law that is not preempted by the FAA, cannot be subject to a pre-dispute arbitration agreement.

30.4 Rules and administrator. Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and any applicable supplementary rules for multiple case filings, as in effect when the arbitration is filed and as modified by this Section ("AAA Rules"). The AAA Rules are available at www.adr.org. If the AAA is unavailable or unwilling to administer the arbitration consistent with this Section, the parties will agree on a substitute administrator, or a court will appoint one.

30.5 The arbitrator and the hearing. A single neutral arbitrator will decide the Dispute. The arbitrator has exclusive authority to decide all issues about the interpretation, applicability, enforceability and formation of this arbitration agreement, except that a court has exclusive authority to decide (a) whether Section 30.6 (class and jury waiver) is valid and enforceable and its effect, (b) disputes about Section 30.9 (mass arbitration) fees and procedures, and (c) whether a claim falls within an exception in Section 30.3. Unless the parties agree otherwise, the arbitration will be held by video conference or, if you prefer an in-person hearing, in the county where you live or in Fulton County, Georgia. If your claim is for US $10,000 or less, it will be decided on written submissions unless the arbitrator determines a hearing is necessary. The arbitrator may award any individual relief that a court could award, but only in favor of the individual party seeking relief and only to the extent needed to provide relief for that party's individual claim. The arbitrator will issue a reasoned written decision. Judgment on the award may be entered in any court with jurisdiction.

30.6 Class action and jury trial waiver. YOU AND STAMINABAR EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims (except as Section 30.9 provides for administrative batching) and may not preside over any form of class or representative proceeding. YOU AND STAMINABAR EACH WAIVE ANY RIGHT TO A JURY TRIAL for any Dispute, including any Dispute that proceeds in court. If a court decides that applicable law prevents enforcement of any part of this Section 30.6 for a particular claim or type of relief (such as public injunctive relief), then that claim or relief will be severed and decided by a court under Section 31, after the arbitration of all other claims and relief is complete, and the rest of this Section will still apply.

30.7 Fees. Payment of filing, administrative and arbitrator fees will be governed by the AAA Rules, under which our share of fees is generally greater than yours for consumer disputes. If you show that the costs of arbitration would be prohibitive compared to the costs of litigation, we will pay as much of your filing and arbitrator fees as the arbitrator finds necessary to prevent arbitration from being cost-prohibitive. Each party pays its own attorneys' fees and costs unless applicable law or the AAA Rules allow the arbitrator to award them. If the arbitrator finds a claim or defense was frivolous or brought for an improper purpose, the arbitrator may award fees and costs as allowed by the AAA Rules or law.

30.8 30-day right to opt out. You may opt out of this agreement to arbitrate by emailing legal@staminabar.io within 30 days after you first accept these Terms (or, if this Section 30 is added or materially changed, within 30 days after you first accept the version containing it). Your email must include your name, the email address on your Staminabar account (if any) and a clear statement that you want to opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Section 30.6's jury waiver still applies to the extent the law allows, and Disputes will be resolved under Section 31. An opt-out applies only to the person who sends it.

30.9 Mass arbitration. If 25 or more demands for arbitration that raise similar claims are filed against Staminabar (or by Staminabar) by or with the help of the same or coordinated law firms or organizations within a 180-day period ("Mass Filing"), the following applies, in addition to any AAA supplementary rules for multiple case filings:

The parties' counsel will meet and confer in good faith to try to resolve the claims, streamline procedures, address fees and set a schedule.
The demands will be administered in batches of up to 100 demands each (or another number the parties agree on). Only one batch will be filed, processed and decided at a time, and the next batch will be filed only after the arbitration of the previous batch is complete. The same arbitrator will decide all demands in a batch unless the parties agree otherwise. Filing and administrative fees will be assessed per batch to the extent the AAA Rules allow.
Statutes of limitations for each claimant are paused from the time their individual Notice of Dispute is received until their demand is filed under this process.
A court with jurisdiction under Section 31 may enforce this Section 30.9 and, if necessary, enjoin the mass filing or invoicing of demands against Staminabar that do not follow it.

This Section 30.9 is not intended to, and does not, allow class or collective arbitration.

30.10 Confidentiality. Except as required by law or to enforce an award, the arbitration and any award will be kept confidential by the parties.

30.11 Severability of arbitration terms. Except as Section 30.6 provides, if any part of this Section 30 is found unenforceable, that part will be severed and the rest will remain in effect. If this Section 30 is found to be entirely unenforceable, or a Dispute is excluded from arbitration, the Dispute will be resolved in court under Section 31.

30.12 Future changes to this Section. If we make a material change to this Section 30 (other than a change to our contact information), we will give you at least 30 days' notice. If you do not agree to the change, you may reject it by emailing legal@staminabar.io within those 30 days, and the version of this Section 30 that you previously agreed to will continue to apply to Disputes between us. If you continue to use the Service after the change takes effect without rejecting it, the changed version applies to all Disputes that have not yet been filed.

30.13 Survival. This Section 30 survives the end of your account and these Terms.

31. Governing law and venue

31.1 Governing law. These Terms and any Dispute are governed by the laws of the State of Georgia, USA, and applicable U.S. federal law, without regard to conflict of law rules. The FAA governs Section 30. This choice of law does not take away any consumer protection that applies to you under the mandatory laws of the place where you live.

31.2 Venue. For any Dispute that is not arbitrated, including claims under Section 30.3, claims of a user who opted out under Section 30.8, and actions to compel arbitration or confirm or vacate an award, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in Fulton County, Georgia, and waive any objection to those courts based on inconvenience or venue. This does not limit the small claims option in Section 30.3.

31.3 Time limit. To the extent permitted by law, any claim must be brought within one year after it arises, or it is permanently barred. This does not apply where applicable law does not allow a shorter limitation period.

32. Export controls and sanctions

The Service is subject to U.S. export control and economic sanctions laws. You represent that you are not located in, organized under the laws of or ordinarily resident in any country or region subject to comprehensive U.S. sanctions or embargo, and that you are not on any U.S. Government list of prohibited or restricted parties, such as the Specially Designated Nationals list or the Entity List. You may not export, re-export or use the Service, the app or any mod in violation of those laws.

33. Electronic communications and notices

33.1 Consent to electronic communications. By using the Service, you consent to receive communications from us electronically, including by email, in the app and by posting on our website. You agree that all agreements, notices, disclosures and other communications we provide electronically satisfy any legal requirement that they be in writing. You can print or save them for your records. You may withdraw this consent only by deleting your account, because the Service depends on electronic communication.

33.2 What we send. We send sign-in links, account notices, security alerts and important notices about the Service and these Terms. These are part of the Service and you cannot opt out of them while you have an account. If we ever send promotional emails, each will include a way to unsubscribe.

33.3 Notices to you. We may give you notice by email to the address on your account, which is effective when sent, or by notice in the app or on our website. Keep your email address current.

33.4 Notices to us. Legal notices to Staminabar must be sent to legal@staminabar.io, with a copy by mail to Lynn Allen Holdings, LLC (d/b/a Staminabar), Attn: Legal, 5450 Glenridge Drive, Apt 251, Atlanta, GA 30342. Notices are effective when received. Support requests sent to legal@staminabar.io may be delayed; please use support@staminabar.io for help with the app.

34. General terms

34.1 Entire agreement. These Terms, together with the policies they refer to, are the entire agreement between you and Staminabar about the Service and replace any earlier agreements or understandings about it. If you are also a developer, the Staminabar Developer Terms govern your developer use.

34.2 Severability. If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent possible, and the rest of these Terms will remain in full effect, except as Section 30 provides.

34.3 No waiver. If we do not enforce a provision, or delay enforcing it, that is not a waiver. Any waiver must be in writing and signed by us.

34.4 Assignment. You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or part of our business or assets, provided the assignee agrees to honor our commitments to you under these Terms and our privacy policies. Any attempted assignment in violation of this section is void.

34.5 Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, government actions, failures of utilities, networks, cloud or hosting providers, app stores, game publishers or other third parties, and cyberattacks that occur despite reasonable safeguards.

34.6 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency or fiduciary relationship between you and us.

34.7 Third-party beneficiaries. Except for Apple as described in Section 22, and the Staminabar Parties under Sections 28 and 29, there are no third-party beneficiaries of these Terms.

34.8 Interpretation. Headings and the plain-language summary are for convenience only and do not affect the meaning of these Terms. "Including" means "including without limitation". If these Terms are translated, the English version controls.

34.9 Survival. Provisions that by their nature should survive termination survive, as described in Section 26.4.

35. California consumer notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. The Service is provided by Lynn Allen Holdings, LLC (d/b/a Staminabar), 5450 Glenridge Drive, Apt 251, Atlanta, GA 30342; email support@staminabar.io. The Service is currently free of charge; if that changes, the applicable charges will be shown before you buy. If you have a question or complaint about the Service, please contact us at support@staminabar.io. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

36. Contact us

Lynn Allen Holdings, LLC (d/b/a Staminabar)
5450 Glenridge Drive, Apt 251, Atlanta, GA 30342

App help and support: support@staminabar.io
Privacy, data and account deletion questions: privacy@staminabar.io
Security issues: security@staminabar.io
Legal notices, arbitration opt-outs and copyright (DMCA) notices: legal@staminabar.io