Terms of Service

1.1Agreement. These Terms of Service (also referred to as our "Terms and Conditions") (the "Terms") are a binding agreement between Susy LLC, a Delaware limited liability company ("Susy," "we," "us," or "our"), and you. These Terms govern your access to and use of the Susy mobile application (the "App"), the website located at susy.com (the "Site"), and all related services, features, and content (collectively, the "Service").

1.2How you accept. You accept these Terms by (a) tapping or clicking a button or checkbox indicating acceptance, (b) creating an account or joining a workspace, or (c) downloading, installing, accessing, or using the Service. If you do not agree to these Terms, do not use the Service. If you use the Service on behalf of a restaurant or other business, you represent that you have authority to bind that business, and "you" includes that business.

1.3Definitions. "Customer" means the business that creates a Susy workspace and invites its workers to it. "Manager" means an individual a Customer authorizes to administer its workspace. "Staff User" means an individual a Customer invites to its workspace as a worker. "User" means any Manager, Staff User, or other individual who accesses the Service. "Customer Data" means schedules, shifts, templates, rosters, tasks, checklists, notes, messages, and other content and information submitted to the Service by or on behalf of a Customer or its Users.

1.4Eligibility. You must be at least 16 years old to use the Service. If you are under 18, you may use the Service only in connection with lawful employment with a Customer and with the consent of your parent or legal guardian, who agrees to these Terms on your behalf. The Service is not directed to children under 13. By using the Service, you represent that you meet these requirements and that you have not previously been suspended or removed from the Service.

1.5Privacy Policy. Our Privacy Policy, available at susy.com/privacy, describes how we collect, use, and share information. By using the Service, you acknowledge that you have read the Privacy Policy.

1.6Additional terms. Some features may be subject to additional terms we present when you use them. If additional terms conflict with these Terms, the additional terms control for that feature.

2.1What the Service is. The Service is a software tool that lets Customers build and publish work schedules, send shifts to Staff Users, allow Staff Users to accept, decline, or swap shifts, and attach tasks and checklists to shifts. Susy provides the software tool only. Every decision about who works, when, where, in what role, for how long, and at what pay is made solely by the Customer and its Managers.

2.2Susy is not an employer. Susy is not an employer, co-employer, joint employer, staffing agency, payroll provider, professional employer organization, or labor contractor, and is not a party to any employment or contractor relationship between a Customer and its Users. Nothing in the Service or these Terms creates an employment, agency, partnership, fiduciary, or joint venture relationship between Susy and any User or Customer.

2.3No legal, HR, or compliance advice. The Service does not provide legal, accounting, human resources, or compliance advice. Templates, notifications, indicators, warnings, or suggestions in the Service, if any, are informational conveniences only and are not a substitute for a Customer's own compliance program or professional advice. Customer is solely responsible for determining whether its schedules and practices comply with applicable law.

2.4Schedules are the Customer's records. The schedule of record is the one the Customer adopts and communicates to its workers under its own policies. Susy does not warrant that any schedule, shift assignment, swap, task, or notification displayed in the Service is accurate, complete, current, authorized, or has been seen by any person.

2.5Changes to the Service. We may add, modify, suspend, or discontinue any part of the Service at any time, with or without notice. The Service is newly released and may contain errors, defects, and interruptions.

3.1Customer workspaces. A Customer creates a workspace and designates one or more Managers. Customer is responsible for all activity in its workspace, for the acts and omissions of its Managers and Staff Users, and for keeping its roster accurate.

3.2Staff Users. A Staff User joins a workspace only by invitation from a Customer. Managers can see Staff Users' contact information, roles, availability, shift responses, and task activity. Staff Users in the same workspace can see one another's names, roles, and scheduled shifts so the team can coordinate coverage.

3.3Information provided by a Customer about its workers. A Customer may enter a worker's name, phone number, email address, and role into the Service in order to invite that worker. Customer represents and warrants that it has the right, and has obtained every consent required under applicable law, to provide that information to Susy and to have Susy contact that worker by text message, email, and push notification on Customer's behalf. Customer is solely responsible for any claim arising from its provision of a worker's information or from messages sent to its workers through the Service.

3.4Account security. You are responsible for keeping your credentials confidential and for all activity that occurs under your account. Notify us at support@susy.com immediately of any unauthorized use. We are not liable for any loss arising from unauthorized use of your account.

3.5Accurate information. You agree to provide accurate information and to keep it current. We may suspend or terminate accounts that contain false information or that impersonate another person or business.

3.6Workspace control. Susy may act on instructions from a Customer's Managers regarding that Customer's workspace, including adding or removing Staff Users and exporting or deleting Customer Data. When a Customer removes a Staff User, that Staff User loses access to that workspace and its data. Disputes between a Customer and its Users about workspace access, scheduling, or employment are solely between them, and Susy may follow the Customer's instructions without liability to any User.

4.1License. Subject to these Terms, Susy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a mobile device that you own or control, and to access the Service, solely for the internal workforce scheduling of a Customer.

4.2Restrictions. You will not, and will not permit anyone else to: (a) copy, modify, translate, or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except to the extent applicable law expressly permits; (c) sell, resell, rent, lease, lend, sublicense, or otherwise commercially exploit the Service; (d) access the Service to build a competing product or to copy its features or user interface; (e) use scrapers, robots, crawlers, or other automated means to access the Service without our written permission; (f) remove or alter any proprietary notice; or (g) use the Service other than as permitted by these Terms.

4.3App store distribution. The App is distributed through the Apple App Store and Google Play (each, an "App Store"). Your use of the App is also subject to the applicable App Store's terms, including the Apple Media Services Terms and Conditions and the Google Play Terms of Service. If these Terms conflict with an App Store's usage rules, the App Store's usage rules control for the version of the App obtained from that App Store. Section 19 contains additional terms that apply to the App Store version of the App distributed by Apple.

4.4Updates. We may issue updates, patches, or new versions that are installed automatically or that you must install to continue using the Service. Updates are subject to these Terms.

4.5Reservation of rights. Susy and its licensors reserve all rights not expressly granted in these Terms. The App is licensed, not sold.

5.1Currently free. The Service is currently provided without charge. Providing the Service without charge does not reduce or waive any protection, disclaimer, or limitation in these Terms.

5.2Future fees. We may introduce fees, paid tiers, usage limits, or feature restrictions at any time. No fee will apply to an existing workspace unless the Customer affirmatively agrees to it after we give at least 30 days' notice. If you do not agree to a fee, your sole remedy is to stop using the paid features or the Service.

5.3Your costs. You are responsible for your own devices, internet access, and carrier charges, including text messaging and data charges.

6.1A tool, not a guarantee. The Service is a communication and organization tool. Susy does not guarantee that: (a) any shift, schedule, swap, assignment, task, or change will be delivered to, received by, or seen by any User; (b) any notification will be sent on time or at all; (c) the Service will be available when you need it; or (d) the Service will prevent missed shifts, no-shows, double bookings, understaffing, overstaffing, scheduling errors, unauthorized swaps, or improper reassignments.

6.2Verify independently. Customers and Users must confirm schedules and shift changes through whatever additional means they consider appropriate and must not rely solely on the Service. If you do not receive a notification, it is your responsibility to check the App or contact your Manager. Susy is not responsible for any consequence of a User's failure to see or act on a schedule, shift, or notification.

6.3Customer's legal responsibilities. As between Susy and Customer, Customer is solely responsible for: (a) complying with all federal, state, and local laws governing employment and scheduling, including laws on minimum wage, overtime, meal and rest breaks, tips, reporting-time pay, predictive scheduling and fair workweek requirements, employment of minors, anti-discrimination, and leave; (b) giving any legally required notice of schedules or schedule changes in the form, manner, and timing the law requires; (c) paying its workers for all time worked and any premium pay triggered by schedule changes; (d) creating and retaining employment, timekeeping, and payroll records required by law, regardless of whether the Service retains any data; (e) determining each User's eligibility to work, including work permits and hour restrictions for minors; (f) its own policies on shift swaps, approvals, attendance, and discipline; and (g) obtaining any consent required from its workers.

6.4Swaps, drops, and reassignments. Shift swaps, drops, and reassignments in the Service are initiated by Users and approved, or not, by Customer under Customer's own settings and policies. Susy does not review, approve, or validate them and has no liability for any swap, drop, or reassignment, whether or not authorized, and whether or not it results in an uncovered shift, an unqualified worker on a shift, or a worker exceeding permitted hours.

6.5Indicators and calculations. Any indicator, warning, count, or calculation in the Service may be inaccurate or incomplete and is provided for convenience only. Customer must not rely on it to determine wages, overtime, break entitlements, or legal compliance.

6.6Records and backups. Customer is responsible for keeping its own copies of schedules, shift histories, and records it needs for legal, payroll, or dispute purposes. Susy may, but is not obligated to, provide export functionality, and may delete Customer Data as described in Section 12 and the Privacy Policy.

7.1Service communications. By creating an account, joining a workspace, or providing a phone number or email address, you agree that Susy and your Customer may send you transactional and informational messages about your account, workspace, schedule, shifts, tasks, and the Service by text message (SMS), email, in-app message, and push notification.

7.2Text messages: consent and opt-out. Message frequency varies with your workspace's activity. Message and data rates may apply. Reply STOP to any text message to stop receiving text messages from Susy, and reply HELP for help. If you opt out, you may receive one final message confirming your opt-out, and you will no longer receive shift notifications by text; you remain responsible for checking the App. Wireless carriers are not liable for delayed or undelivered messages. You represent that you are the owner or authorized user of any phone number you provide and that you will promptly notify us if you change or stop using that number.

7.3Push notifications. You can turn push notifications on or off in your device settings at any time. Push notifications are not required to use the Service. If you turn them off, you may not learn of schedule changes promptly.

7.4No marketing without opt-in. We will not send you marketing text messages or marketing push notifications unless you separately opt in, and you may opt out at any time through the App or your device settings. Marketing emails will include an unsubscribe link. Account, security, and legal notices are not marketing and may be sent regardless of your marketing preferences.

7.5Delivery not guaranteed. Message delivery depends on carriers, device settings, network conditions, operating systems, and third-party platforms outside our control. Susy does not guarantee that any message will be delivered, or delivered on time, and is not liable for any failure or delay in delivery.

7.6Customer messaging limits. Customers may use the Service only to send workplace-related messages to their own Users. Customers may not use the Service to send marketing, solicitations, surveys unrelated to work, political messages, or messages to anyone who is not a member of their workspace.

7.7Electronic communications. You consent to receive notices, disclosures, agreements, and other communications from Susy electronically, including by email, text message, in-app notice, or posting on the Site, and you agree that electronic communications satisfy any legal requirement that a communication be in writing.

8.1Ownership. As between the parties, Customer owns its Customer Data, and each User owns the content that User submits ("User Content"). Susy does not claim ownership of Customer Data or User Content.

8.2License to Susy. You grant Susy a worldwide, non-exclusive, royalty-free, sublicensable (to our service providers) license to host, store, copy, transmit, display, adapt, and otherwise process Customer Data and User Content as needed to provide, maintain, secure, support, and improve the Service and as otherwise described in the Privacy Policy.

8.3Service provider role. Susy processes personal information contained in Customer Data as a service provider or processor on Customer's behalf and on Customer's documented instructions, which consist of these Terms and the configuration choices Customer makes in the Service. Susy will not sell that personal information, will not retain, use, or disclose it for any purpose other than providing the Service and as permitted by applicable law, and will notify Customer if Susy determines it can no longer meet its obligations under applicable privacy law. Customer is responsible for the lawfulness of its own collection and use of its workers' personal information, including providing any required notices and obtaining any required consents.

8.4Aggregated and de-identified data. Susy may create and use aggregated or de-identified data derived from use of the Service (for example, usage statistics and feature adoption) for any lawful purpose, provided that such data does not identify any Customer or individual.

8.5Your responsibility for content. You are solely responsible for Customer Data and User Content and for the consequences of submitting it. You represent and warrant that you have all rights necessary to submit it and that it does not violate any law or any third party's rights.

8.6Removal. We may remove, disable, or refuse to display any content that we believe violates these Terms or applicable law, without notice or liability.

8.7Security. We use commercially reasonable administrative, technical, and physical safeguards designed to protect Customer Data, as described in the Privacy Policy. No method of transmission or storage is completely secure, and we do not guarantee security.

You will not, and will not permit any User to: (a) use the Service in violation of any law or to facilitate any unlawful employment practice; (b) submit content that is unlawful, defamatory, harassing, discriminatory, threatening, obscene, or infringing; (c) impersonate any person or misrepresent your affiliation with a Customer; (d) access another Customer's workspace or another User's account without authorization; (e) upload viruses, malware, or other harmful code; (f) interfere with or disrupt the Service, its servers, or connected networks; (g) probe, scan, or test the vulnerability of the Service or circumvent any security or access control; (h) use the Service to send spam, unsolicited messages, or messages to people outside your workspace; (i) collect or harvest personal information about other Users; (j) use the Service to monitor Users' location or activity outside of work scheduling; or (k) use the Service in a way that imposes an unreasonable load on our infrastructure. We may investigate suspected violations, remove content, suspend or terminate accounts, and cooperate with law enforcement.

10.1Susy's property. The Service, including its software, design, text, graphics, logos, trademarks, and all intellectual property rights in them, is owned by Susy or its licensors and is protected by United States and international intellectual property laws. "Susy" and the Susy logo are property of Susy LLC. You may not use them without our prior written consent.

10.2Feedback. If you provide suggestions, ideas, or feedback about the Service, you grant Susy a perpetual, irrevocable, worldwide, royalty-free license to use and exploit it for any purpose without obligation or compensation to you.

10.3Copyright complaints. If you believe content on the Service infringes your copyright, send a written notice that satisfies 17 U.S.C. Section 512(c)(3) to our designated agent at support@susy.com or to the postal address in Section 21. We may remove allegedly infringing content and terminate the accounts of repeat infringers.

10.4Reporting objectionable content or conduct. To report content or conduct in the Service that you believe violates these Terms, contact support@susy.com or use the in-app reporting feature where available. We will review reports and may remove content, restrict features, or suspend or block Users at our discretion.

The Service relies on, interoperates with, or may link to services operated by third parties, including the App Stores, wireless carriers, text messaging and email delivery providers, push notification services operated by Apple and Google, cloud hosting providers, and, if offered, integrations with point-of-sale, payroll, or other systems ("Third-Party Services"). Third-Party Services are governed by their own terms and privacy policies. Susy does not control and is not responsible for Third-Party Services, their availability, their security, or their content, and your use of them is at your own risk. You must comply with the terms of any Third-Party Service you use in connection with the Service, including your wireless data service agreement.

12.1Term. These Terms apply from the date you first accept them until terminated by you or by Susy.

12.2Termination by you; account deletion. You may stop using the Service at any time. You may delete your account from within the App. Deleting your account ends your access and deletes or de-identifies your personal information as described in the Privacy Policy. A Customer's Manager may delete the Customer's workspace, which removes the workspace and its Customer Data, subject to the Privacy Policy. Deleting the App from your device does not delete your account.

12.3Suspension or termination by Susy. We may suspend or terminate your account, your workspace, or your access to all or part of the Service at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms, if required by law, if your Customer removes you, or if we discontinue the Service. We may delete accounts and workspaces that have been inactive for 12 months after reasonable notice to the email address on the account.

12.4Effect of termination. On termination, your license ends and you must stop using the Service. Susy has no obligation to retain, return, or provide Customer Data or User Content after termination, except as required by law. Customer should export any data it needs before termination. Sections 2, 6, 8.2 through 8.6, 10, 13 through 17, 19, and 20 survive termination, together with any other provision that by its nature should survive.

13.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. SUSY AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

13.2WITHOUT LIMITING SECTION 13.1, SUSY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; THAT ANY SCHEDULE, SHIFT, SWAP, TASK, OR NOTIFICATION WILL BE ACCURATE, DELIVERED, OR RECEIVED; THAT DATA WILL NOT BE LOST, CORRUPTED, OR DISCLOSED; OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR SATISFY ANY LAW THAT APPLIES TO YOUR BUSINESS OR EMPLOYMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SUSY OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

13.3Some jurisdictions do not allow the exclusion of certain implied warranties, so some of the exclusions above may not apply to you. In that case, implied warranties are limited to the shortest duration permitted by applicable law.

14.1Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SUSY AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS (THE "SUSY PARTIES"), WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA, OR FOR ANY LOST WAGES, TIPS, OR WORK OPPORTUNITIES, MISSED, UNFILLED, OR MISASSIGNED SHIFTS, OVERTIME OR PREMIUM PAY, LABOR COSTS, FINES, PENALTIES, OR EMPLOYMENT, WAGE AND HOUR, OR REGULATORY CLAIMS, IN EACH CASE ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, AND STATUTE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE SUSY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID SUSY FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

14.3Basis of the bargain. The limitations in this Section 14 are fundamental elements of the agreement between you and Susy. They apply even if a remedy fails of its essential purpose, apply regardless of whether the Service is provided free of charge, and apply to the fullest extent permitted by law.

14.4Exceptions. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the limitations above may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.

15.1By Customer. Customer will defend, indemnify, and hold harmless the Susy Parties from and against all claims, demands, suits, proceedings, investigations, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's or its Users' access to or use of the Service; (b) Customer Data; (c) any employment, wage and hour, scheduling, labor, benefits, discrimination, harassment, safety, or other workplace claim brought by or on behalf of any User, former worker, or governmental authority; (d) Customer's provision of any worker's contact information to Susy, or any message sent to a worker through the Service at Customer's direction, including any claim under the Telephone Consumer Protection Act or similar state law; (e) Customer's violation of applicable law or these Terms; or (f) any dispute between Customer and any of its Users.

15.2By Users. Each User will indemnify and hold harmless the Susy Parties from claims, losses, and expenses (including reasonable attorneys' fees) arising out of that User's User Content, violation of these Terms, or violation of any law or third-party right.

15.3Procedure. Susy will give you prompt written notice of any claim for which it seeks indemnification and may participate in the defense with counsel of its choosing at its own expense. You may not settle any claim in a manner that imposes any obligation or admission on a Susy Party without Susy's prior written consent.

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND SUSY TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT LIMITS THE WAYS YOU CAN SEEK RELIEF. YOU MAY OPT OUT AS DESCRIBED IN SECTION 16.7.

16.1Informal resolution first. Before starting an arbitration or lawsuit, you and Susy agree to try to resolve the dispute informally. You will send a written notice to support@susy.com describing the dispute and the relief sought, including your name and the email address on your account. Susy will send its notice to the email address on your account. If the dispute is not resolved within 60 days after the notice is received, either party may proceed under this Section. Completing this process is a condition to starting an arbitration or lawsuit, and any statute of limitations is tolled during the 60-day period.

16.2Agreement to arbitrate. You and Susy agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and Susy, including its existence, validity, enforceability, or scope (each, a "Dispute"), will be resolved by binding individual arbitration and not in court, except that: (a) either party may bring an individual claim in small claims court if it qualifies; and (b) either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized use of the Service. The Federal Arbitration Act governs the interpretation and enforcement of this Section 16.

16.3Rules, forum, and arbitrator authority. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules or, for a Dispute between Susy and a Customer, its Commercial Arbitration Rules, in each case as modified by these Terms. The AAA rules are available at adr.org. A single arbitrator will be appointed. The arbitrator, and not any court, has exclusive authority to resolve all questions about the interpretation, applicability, enforceability, or formation of this Section 16, except that a court will decide the enforceability of Section 16.5. Hearings will be held in the county where you reside or by video conference, at your election. The arbitrator may award the same individual relief a court could award and will issue a reasoned written decision.

16.4Fees. Payment of filing, administrative, and arbitrator fees will be governed by the AAA rules. If the arbitrator finds that a claim or defense was frivolous or brought for an improper purpose, the arbitrator may reallocate fees to the extent the rules permit.

16.5Class action and jury trial waiver. YOU AND SUSY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one person and may not preside over any form of class or representative proceeding. TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND SUSY EACH WAIVE ANY RIGHT TO A JURY TRIAL. If the waiver in this Section 16.5 is found unenforceable as to a particular claim or request for relief, that claim or request (and only that claim or request) will be severed and brought in court, and all remaining claims will be arbitrated.

16.6Coordinated filings. If 25 or more arbitration demands raising similar issues are filed against Susy by or with the assistance of the same or coordinated counsel, the AAA's Mass Arbitration Supplementary Rules will apply, the demands will be grouped and resolved in sequential batches of 25, and any applicable statute of limitations will be tolled for demands awaiting their batch.

16.7Opt-out. You may opt out of this arbitration agreement by sending written notice to support@susy.com within 30 days after you first accept these Terms, stating your name, the email address on your account, and that you wish to opt out of arbitration. Opting out does not affect any other provision of these Terms.

16.8Changes to this Section. If Susy changes this Section 16 after you accept these Terms, you may reject the change by notifying us in writing within 30 days after the change takes effect, in which case the version of this Section you most recently accepted will govern.

16.9Severability and survival. Except as stated in Section 16.5, if any part of this Section 16 is found unenforceable, the remainder will be enforced. This Section 16 survives termination of these Terms and your account.

These Terms and any Dispute are governed by the laws of the State of Florida, without regard to its conflict of law rules, except that the Federal Arbitration Act governs Section 16. Subject to Section 16, any court proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Collier County, Florida, and you consent to personal jurisdiction and venue in those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

18.1Changes to these Terms. We may revise these Terms from time to time. If we make material changes, we will post the updated Terms in the App and on the Site, update the "Last Updated" date, and, where appropriate, notify you by email or in-app message at least 15 days before the changes take effect. Changes required by law or that address a new feature may take effect immediately. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, stop using the Service and delete your account before the effective date.

18.2Changes to the Service. We may change, limit, suspend, or discontinue the Service or any feature at any time, including features offered without charge, without liability to you.

The following terms apply to any version of the App obtained from the Apple App Store, in addition to and notwithstanding anything else in these Terms. "Apple" means Apple Inc. and its subsidiaries.

19.1Acknowledgement. These Terms are concluded between you and Susy only, and not with Apple. Susy, not Apple, is solely responsible for the App and its content. These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.

19.2Scope of license. The license granted in Section 4 is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.

19.3Maintenance and support. Susy is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

19.4Warranty. Susy is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Susy's sole responsibility.

19.5Product claims. Susy, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of the App, 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.

19.6Intellectual property claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Susy, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim.

19.7Legal 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.

19.8Third-party terms. You must comply with applicable third-party terms of agreement when using the App, including your wireless data service agreement.

19.9Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and 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.

20.1Export. The App may be subject to U.S. export control and sanctions laws. You will not export, re-export, or transfer the App, or use the Service, in violation of those laws.

20.2Entire agreement. These Terms, together with any additional terms presented under Section 1.6, are the entire agreement between you and Susy regarding the Service and supersede all prior or contemporaneous agreements, proposals, and communications on that subject.

20.3Assignment. You may not assign or transfer these Terms or any rights under them without Susy's prior written consent, and any attempted assignment without consent is void. Susy may assign these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets.

20.4Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force, subject to Section 16.5.

20.5No waiver. Susy's failure to enforce any provision of these Terms is not a waiver of its right to enforce that provision later.

20.6Force majeure. Susy is not liable for any failure or delay in performance caused by events beyond its reasonable control, including carrier, hosting, or App Store outages, internet or telecommunications failures, labor disputes, natural disasters, epidemics, government action, or acts of third parties.

20.7No third-party beneficiaries. Except as stated in Section 19.10, there are no third-party beneficiaries of these Terms.

20.8Notices. Notices to Susy must be sent to the addresses in Section 21. Notices to you may be sent to the email address or phone number on your account or posted in the App or on the Site and are deemed received when sent or posted.

20.9Interpretation. Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.

20.10Independent contractors. Susy and each Customer are independent contractors.

support@susy.com