01 Acceptance of Terms
1.1 These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and AM Studios LLC ("AM Studios," "we," "us," or "our"), a Wyoming limited liability company, governing your access to and use of the Protocol 90 mobile application (the "App"), available on iOS and Android, and all related services, features, and content (collectively, the "Service").
1.2 By creating an account, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, do not use the App.
1.3 You must be at least 18 years of age to use Protocol 90. By creating an account or using the App, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are under 18, you are not permitted to use the App. We rely on app store age ratings (17+ on the Apple App Store, Mature 17+ or equivalent on Google Play) and user self-declaration to enforce this requirement.
1.4 AM Studios reserves the right to modify, amend, or update these Terms at any time. Material changes will be communicated as described in Section 18. Your continued use of the App after such changes constitutes acceptance of the updated Terms.
02 Account Registration & Security
2.1 To access the Service, you must create an account using one of the following methods: email and password, Apple Sign-In, or Google OAuth. During registration, you will provide your first name, email address, and gender.
2.2 You agree to provide accurate, current, and complete registration information and to update such information to keep it accurate, current, and complete.
2.3 You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at privacy@amstudios.dev if you become aware of any unauthorized use of your account.
2.4 Each individual may maintain only one account. Creating multiple accounts to circumvent restrictions, exploit promotions, or manipulate gamification systems is prohibited and may result in termination of all associated accounts.
2.5 AM Studios reserves the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine, in our sole discretion, violates these Terms, is harmful to other users or the Service, or for any other reason.
2.6 Account Deletion. You may request deletion of your account and associated data at any time by contacting us at privacy@amstudios.dev or by using the in-app account deletion feature. Upon receiving your request, we will delete your cloud-stored data in accordance with the timeline and procedures described in our Privacy Policy. Locally stored data is deleted only when you uninstall the App from your device.
03 Subscription & Payment Terms
3.1 Protocol 90 is a paid subscription service. Access to the App's features requires an active "Protocol 90 Pro" subscription entitlement. Subscription tiers include monthly, annual, and lifetime options.
3.2 All subscriptions are purchased through and billed by the Apple App Store or Google Play Store (each, a "Platform"). Payment processing is handled entirely by the applicable Platform. AM Studios does not directly collect, store, or process your payment card information.
3.3 Auto-Renewal. Monthly and annual subscriptions automatically renew at the end of each billing period unless you cancel at least 24 hours before the end of the current period. You can manage and cancel your subscription through your device's app store settings (Apple: Settings > Apple ID > Subscriptions; Google: Play Store > Subscriptions).
3.4 Refunds. Refund requests are governed by the refund policies of Apple or Google, as applicable. AM Studios does not process refunds directly. To request a refund, contact Apple Support or Google Play Support through their respective channels.
3.5 Price Changes. AM Studios may change subscription pricing at any time. If you have an active subscription, you will be notified of price changes in advance through the applicable Platform, and the new price will take effect at the start of your next billing cycle. You may cancel before the new price takes effect.
3.6 Lifetime Subscriptions. A "lifetime" subscription grants access to Protocol 90 Pro for the operational lifetime of the App and Service, meaning for as long as the App remains commercially available and supported by AM Studios. A lifetime subscription does not guarantee perpetual access and will terminate if the Service is permanently discontinued. AM Studios will provide reasonable advance notice before any permanent discontinuation.
3.7 Subscription data is processed by RevenueCat, Inc. on behalf of AM Studios to manage entitlements and subscription status. RevenueCat's handling of your data is described in our Privacy Policy.
04 User Content & Conduct
4.1 User Content. "User Content" means any content you create, upload, share, or transmit through the Service, including squad chat messages, chat photos, profile avatars, journal entries, AI coaching conversations, and bulletin board posts.
4.2 Ownership. You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant AM Studios a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, store, reproduce, modify, display, and distribute your User Content solely as necessary to provide, maintain, and improve the Service. For example, this license allows us to display your chat messages to your squad members, store your profile avatar, and transmit your photos within squad chats. This license terminates when you delete your User Content or your account, except to the extent your content has been shared with others and they have not deleted it.
4.3 Prohibited Conduct. You agree not to:
- • Engage in harassment, hate speech, threats, bullying, or abuse directed at any user in squad chats or any other part of the Service
- • Share content that is illegal, obscene, defamatory, sexually explicit, or harmful in squad chats, photos, or any shared area of the App
- • Impersonate another user, individual, or entity
- • Attempt to exploit, hack, reverse-engineer, decompile, disassemble, or derive the source code of the App or any part of the Service
- • Use automated tools, bots, scripts, or scrapers to interact with the App
- • Circumvent, disable, or interfere with subscription, paywall, or access control mechanisms
- • Share your account credentials or allow others to access your account
- • Use the App for any unlawful purpose or in violation of any applicable law or regulation
- • Distribute spam, chain messages, or unsolicited promotional material through squad chats or other social features
- • Upload malicious code, viruses, or any content intended to disrupt or damage the Service
4.4 Moderation. AM Studios may, but is not obligated to, monitor, review, and moderate User Content. We reserve the right to remove or disable access to any User Content that, in our sole judgment, violates these Terms or is otherwise objectionable, without prior notice to you.
4.5 Enforcement. Violations of this section may result in warnings, content removal, temporary suspension, or permanent termination of your account, at our sole discretion. Severe or repeated violations will result in immediate account termination.
05 AI Coaching Disclaimers
5.1 Protocol 90's AI coaching feature is powered by third-party artificial intelligence models provided by OpenAI. The AI coach operates in seven coaching modes (Mission Brief, Vice Intel, SITREP, Training, Accountability, Mindset, and Wealth Ops) and has access to aggregated user data to provide personalized responses.
5.2 Not Professional Advice. The AI coach is a motivational and informational tool. It does NOT provide and is not a substitute for:
- • Medical or healthcare advice, diagnosis, or treatment
- • Psychological, psychiatric, or mental health counseling
- • Nutritional or dietary advice from a licensed dietitian or nutritionist
- • Financial, investment, tax, or legal advice from a licensed professional
- • Fitness instruction from a certified personal trainer or exercise physiologist
5.3 You should always consult qualified, licensed professionals before making decisions about your health, mental health, diet, finances, or fitness regimen. Never disregard professional advice or delay seeking it because of something the AI coach has said.
5.4 Accuracy. AI-generated responses may be inaccurate, incomplete, outdated, or inappropriate. AM Studios does not guarantee the accuracy, reliability, safety, or appropriateness of any AI-generated content. You use AI coaching features at your own risk and discretion.
5.5 Data Sharing. To provide the AI coaching feature, certain user data (as described in our Privacy Policy) is shared with OpenAI. By using the AI coaching feature, you consent to this data sharing. OpenAI processes this data subject to its own terms and privacy policies.
5.6 AI-generated workout plans and training recommendations are not created or reviewed by certified personal trainers, exercise physiologists, or medical professionals. Users participate in any physical activity suggested by the AI coach entirely at their own risk.
5.7 AI-generated mission briefings, behavioral insights, vice assessments, and motivational content are tools for self-reflection and motivation. They are not clinical assessments, diagnoses, or therapeutic interventions.
06 Health, Fitness & Wellness Disclaimers
6.1 Vice Assessment. The behavioral vice assessment evaluates four categories (lust, sloth, gluttony, and distraction) based on your self-reported responses. Resulting scores, severity ratings, and 10-year behavioral cost projections are self-reported behavioral estimates for motivational purposes only. They are not clinical diagnoses, psychological evaluations, or scientifically validated predictions. The 10-year cost projections are illustrative estimates intended to motivate behavioral change; they are not guarantees or predictions of actual outcomes.
6.2 Workouts and Physical Exercise. You participate in all physical exercise — whether generated by the AI, selected from the exercise library, or part of daily missions — entirely at your own risk. You should consult a physician or qualified healthcare provider before beginning any exercise program, particularly if you have any pre-existing medical conditions, injuries, or health concerns. AI-generated workout plans are not created or reviewed by medical professionals or certified personal trainers.
6.3 Cold Exposure (Cold Ops). Cold exposure activities carry significant health risks, including but not limited to hypothermia, cardiac stress, cold shock response, and drowning. You must consult a physician before attempting any cold exposure protocol, especially if you have cardiovascular conditions, respiratory conditions, Raynaud's disease, or any other medical condition. Never perform cold water immersion alone.
6.4 Fasting. Intermittent fasting may not be suitable for everyone. Do not practice fasting if you have an eating disorder, diabetes, are pregnant or nursing, have a history of hypoglycemia, or have any other medical condition that may be affected by fasting, without first consulting a physician.
6.5 Nutrition Tracking (Fuel Log). Calorie targets, protein goals, and macronutrient calculations are generated from user-provided data using general estimation formulas. They do not constitute personalized medical or nutritional advice. These tools are not suitable for individuals with active or recovering eating disorders. Consult a registered dietitian or physician for personalized dietary guidance.
6.6 Breathing Exercises. Certain breathing techniques (including Wim Hof-style methods) can cause lightheadedness, tingling, dizziness, or fainting. Never practice intense breathing exercises while in or near water, while driving, while operating machinery, or in any situation where loss of consciousness could result in injury.
6.7 Body Recon. Body measurement tracking and progress photos are for personal self-monitoring purposes only. They do not constitute medical assessments and should not be used to diagnose or treat any health condition.
6.8 Sleep Recon. Sleep data within the App is self-reported and intended for personal awareness. It is not a substitute for clinical sleep studies, polysomnography, or professional sleep assessment.
6.9 Assumption of Risk. By using any health, fitness, or wellness feature of the App, you acknowledge that you understand the risks involved and assume full responsibility for your health decisions. AM Studios is not liable for any injury, illness, or adverse health outcome resulting from your use of these features.
07 Financial Tool Disclaimers
7.1 The Wealth Ops feature is a personal budgeting, expense tracking, and financial planning tool intended for informational and organizational purposes only. It does NOT constitute financial advice, investment advice, tax advice, or any other form of professional financial guidance.
7.2 AM Studios LLC is not a registered investment advisor, broker-dealer, financial planner, tax advisor, or fiduciary. We do not hold any financial services licenses.
7.3 Investment tracking within Wealth Ops reflects user-entered data only. It does not provide real-time market data, stock quotes, or automated portfolio tracking. All investment values, returns, and calculations are based solely on the information you manually enter.
7.4 Debt payoff projections, savings timelines, and net worth calculations are estimates based on user-entered information (including interest rates, contribution amounts, and income data). They are not guaranteed outcomes and do not account for all variables that may affect your financial situation.
7.5 You should consult a qualified financial advisor, certified public accountant, or other licensed financial professional before making investment, tax, debt management, or other significant financial decisions. AM Studios is not responsible for any financial losses or adverse financial outcomes resulting from decisions influenced by data displayed in the App.
08 Oath Ceremony & Gamification
8.1 Oath Ceremony. During onboarding, users are invited to sign a digital commitment oath as part of the program's motivational framework. This oath is a personal motivational commitment device only and does not create any legally binding obligation separate from or in addition to these Terms. The oath does not create a contract between you and AM Studios, nor does it create any enforceable duties beyond those already contained in these Terms.
8.2 Gamification System. The App includes a gamification engine featuring XP points (earned from 28 sources), evolution stages (Shadow through Legend), streaks with milestone bonuses, phase progression tracking, and Black Box milestone rewards. These elements are designed to motivate engagement with the program.
8.3 No Monetary Value. XP points, evolution stages, streak milestones, Black Box rewards, leaderboard rankings, and all other gamification elements have no monetary value. They cannot be purchased (except as an inherent part of the subscription), sold, exchanged, transferred to another user, or redeemed for cash, credit, goods, or services outside the App.
8.4 Modifications. AM Studios reserves the right to modify, adjust, reset, or discontinue any aspect of the gamification system at any time, including XP values, evolution thresholds, streak mechanics, leaderboard algorithms, and reward structures, without prior notice or compensation.
8.5 Leaderboard Rankings. Leaderboard rankings are based on in-app XP activity and are visible to members of your squad. Rankings are calculated automatically and AM Studios does not guarantee their accuracy at all times.
09 Intellectual Property
9.1 The Protocol 90 App and all of its content — including but not limited to source code, object code, software, user interface design, graphics, mascot artwork, illustrations, photographs, text, book summaries, exercise library (105 exercises), mission task library (280 tasks), breathing techniques, tactical quotes, educational content, audio, and video — are the exclusive property of AM Studios LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
9.2 The book summaries provided in the Intel Library are original condensed summaries created by AM Studios LLC. They are not reproductions of copyrighted books and are provided for educational and informational purposes as part of the Service.
9.3 The "Protocol 90" name, logo, tactical/military visual theme, and related branding elements are trademarks or trade dress of AM Studios LLC. You may not use these marks without our prior written consent.
9.4 Restrictions. You may not, without our prior written authorization:
- • Copy, reproduce, distribute, publicly display, or publicly perform any part of the App or its content
- • Create derivative works based on the App or its content
- • Reverse engineer, decompile, or disassemble the App
- • Remove, alter, or obscure any copyright, trademark, or proprietary notices
- • Use any data mining, scraping, or similar data gathering methods on the App
9.5 Subject to your compliance with these Terms, AM Studios grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on your personal mobile device solely for your personal, non-commercial use.
10 Squad & Social Features
10.1 Protocol 90 includes social features that allow users to join squads and interact with other real users through real-time chat, activity feeds, leaderboards, and invite codes.
10.2 Shared Content. Photos shared in squad chats are visible to all members of your squad and are stored on AM Studios' cloud infrastructure (Supabase Storage, us-west-2 region). Activity feed events — including mission completions, workout completions, streak achievements, evolution stage-ups, and squad join events — are automatically shared with your squad members.
10.3 Third-Party Content. AM Studios is not responsible for User Content posted by other users in squads. You may encounter content from other users that you find offensive, inaccurate, or objectionable. Your interactions with other users are at your own risk.
10.4 Reporting. You may report inappropriate content or behavior by other users through the App's reporting mechanism or by contacting us at privacy@amstudios.dev. We will review reports and take appropriate action, which may include content removal, warnings, or account termination.
10.5 Moderation. AM Studios may moderate squad content and ban users at its discretion to maintain a safe and constructive environment. We are not, however, obligated to monitor all user interactions, and we cannot guarantee that all content shared within squads will comply with these Terms.
11 Data & Local Storage
11.1 Many features of Protocol 90 store data exclusively on your device using local storage (AsyncStorage and device filesystem). This includes, but is not limited to: journal entries, nutrition logs, body measurements, progress photos, sleep data, workout history, financial data, cold exposure sessions, fasting records, breathing exercise logs, and deep work sessions. This data is never transmitted to our servers.
11.2 Data Loss. AM Studios is not responsible for the loss of locally stored data that occurs because you delete the App, reset your device, lose your device, clear app data, or otherwise take action that results in the deletion of local storage. Uninstalling the App permanently and irreversibly deletes all locally stored data.
11.3 No Backup Service. AM Studios does not provide cloud backup for locally stored data. You are solely responsible for backing up your own local data (for example, by exporting journal entries or taking screenshots of financial records) before uninstalling the App or changing devices.
11.4 For a complete description of what data is stored locally versus in the cloud, refer to our Privacy Policy.
12 Service Availability & Modifications
12.1 The Service is provided on an "as-is" and "as-available" basis. AM Studios does not guarantee that the Service will be uninterrupted, error-free, secure, or available at any particular time or location.
12.2 AM Studios reserves the right to modify, update, suspend, or discontinue any feature, content, or aspect of the Service at any time, with or without notice, and without liability to you. This includes changes to daily missions, the exercise library, AI coaching modes, gamification mechanics, squad features, and any other functionality.
12.3 Third-Party Dependencies. Certain features of the App depend on third-party services that are outside of AM Studios' control:
- • AI coaching depends on the availability of OpenAI's API services and may be temporarily or permanently unavailable if OpenAI modifies, restricts, or discontinues its services
- • Real-time features (squad chat, activity feeds, leaderboards) depend on Supabase infrastructure availability
- • Push notifications depend on Expo notification services and your device's operating system notification delivery
- • Subscriptions depend on the Apple App Store and Google Play Store billing systems and RevenueCat processing services
12.4 AM Studios is not liable for any service interruptions, degraded performance, or feature unavailability caused by third-party service providers, network outages, force majeure events, or scheduled maintenance.
12.5 No Warranty. To the fullest extent permitted by applicable law, AM Studios expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will meet your requirements or expectations.
13 Limitation of Liability
13.1 Cap on Liability. To the maximum extent permitted by applicable law, AM Studios' total aggregate liability to you for all claims arising out of or relating to these Terms or your use of the Service shall not exceed the total amount you paid to AM Studios (through Platform purchases) in the twelve (12) months immediately preceding the event giving rise to the claim, or fifty U.S. dollars (USD $50), whichever is greater.
13.2 Exclusion of Damages. To the maximum extent permitted by applicable law, AM Studios shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses, regardless of whether such damages were foreseeable and whether AM Studios was advised of the possibility of such damages.
13.3 Specific Exclusions. Without limiting the generality of the foregoing, AM Studios is not liable for:
- • Physical injury, illness, or death resulting from workouts, cold exposure, fasting, breathing exercises, or any other physical activity performed in connection with the App's guidance or content
- • Financial losses or adverse financial outcomes from decisions influenced by Wealth Ops data, calculations, or AI coaching suggestions
- • Psychological or emotional distress from vice assessment results, severity ratings, behavioral cost projections, or AI coaching interactions
- • Loss, corruption, or deletion of locally stored data
- • Actions, conduct, or content of other users in squads, chats, or any other social feature
- • Inaccurate, incomplete, misleading, or inappropriate AI-generated content
- • Service interruptions, outages, or data breaches caused by third-party service providers
13.4 Jurisdictional Variations. Some jurisdictions, including European Union member states, the United Kingdom, and Australia, do not allow certain limitations or exclusions of liability. In those jurisdictions, AM Studios' liability is limited to the maximum extent permitted by applicable mandatory law. Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
14 Indemnification
14.1 To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless AM Studios LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from or relating to:
- • Your use or misuse of the Service
- • Your violation of these Terms
- • Your violation of any applicable law or regulation
- • Your violation of any third party's rights, including intellectual property rights or privacy rights
- • Any User Content you create, upload, or share through the Service
14.2 This indemnification obligation does not apply to the extent prohibited by applicable consumer protection law, including in the European Union, United Kingdom, Australia, and Brazil. Where mandatory consumer protection laws apply, indemnification is limited to the extent permitted by those laws.
15 Dispute Resolution
15.1 Governing Law. These Terms and any disputes arising out of or relating to them shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law principles.
15.2 Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact AM Studios at privacy@amstudios.dev and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without formal proceedings.
15.3 Binding Arbitration. If a dispute cannot be resolved informally within thirty (30) days, you and AM Studios agree that any remaining dispute, controversy, or claim shall be resolved through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration shall be conducted in the English language. The seat of arbitration shall be Sheridan, Wyoming, although either party may participate remotely. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
15.4 Class Action Waiver. To the fullest extent permitted by applicable law, you and AM Studios each agree that any dispute resolution proceeding will be conducted only on an individual basis and not as a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and AM Studios each waive the right to a jury trial. If a court or arbitrator determines that this class action waiver is unenforceable as to a particular claim, then only that claim shall proceed in court.
15.5 Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court for disputes within the court's jurisdictional limits.
15.6 30-Day Opt-Out. You may opt out of the arbitration and class action waiver provisions of this Section by sending a written notice to privacy@amstudios.dev within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, you and AM Studios agree to submit any disputes to the exclusive jurisdiction of the state and federal courts located in Sheridan County, Wyoming.
15.7 EU/UK Users. If you are a consumer habitually resident in the European Union or the United Kingdom, the arbitration clause in this section does not limit or override your mandatory consumer protection rights. You retain the right to bring claims in the courts of your country of habitual residence in accordance with applicable EU or UK consumer protection legislation. Nothing in these Terms affects your right to rely on any mandatory provision of the law of the country in which you are resident.
16 Termination
16.1 By You. You may stop using the Service and delete your account at any time. To delete your account, use the in-app deletion feature or email privacy@amstudios.dev. Deleting your account does not automatically cancel any active subscription — you must cancel your subscription separately through your app store (Apple Settings or Google Play).
16.2 By AM Studios. AM Studios may terminate or suspend your account and access to the Service at any time, with or without cause and with or without notice, including for violations of these Terms. In the case of a serious violation (such as illegal conduct, harmful content, or abuse), termination may be immediate.
16.3 Effect of Termination. Upon termination:
- • Your right to access and use the Service immediately ceases
- • Cloud-stored data (account data, squad data, AI conversation history, gamification data) will be deleted in accordance with the retention schedule described in our Privacy Policy
- • Locally stored data remains on your device until you uninstall the App
- • Any active subscription should be canceled by you through the applicable app store to avoid continued billing
16.4 Survival. The following sections survive any termination or expiration of these Terms: Intellectual Property (Section 9), AI Coaching Disclaimers (Section 5), Health, Fitness & Wellness Disclaimers (Section 6), Financial Tool Disclaimers (Section 7), Limitation of Liability (Section 13), Indemnification (Section 14), Dispute Resolution (Section 15), and General Provisions (Section 20).
17 Third-Party Services
17.1 The App integrates with and relies upon the following third-party services to provide its functionality:
- • Supabase — backend infrastructure, database, authentication, real-time messaging, and file storage
- • OpenAI — AI language model powering the coaching feature
- • RevenueCat — subscription management and entitlement processing
- • Apple (App Store, Sign-In) — app distribution, payments, and authentication
- • Google (Play Store, OAuth) — app distribution, payments, and authentication
- • Expo — push notification delivery and app update services
17.2 These third-party services are governed by their own terms of service and privacy policies, which are independent of these Terms. AM Studios is not responsible for the availability, performance, security, or data practices of any third-party service, except to the extent described in our Privacy Policy.
17.3 If a third-party service becomes unavailable or changes its terms in a way that affects the Service, AM Studios will make commercially reasonable efforts to find alternatives or notify you of any material impact, but shall not be liable for disruptions caused by third-party service changes.
18 Changes to Terms
18.1 AM Studios may update, revise, or modify these Terms at any time at its sole discretion.
18.2 Material Changes. For material changes — such as modifications to dispute resolution, liability limitations, or your rights and obligations — we will notify you by at least one of the following methods: in-app notification, email to the address associated with your account, or a prominent notice within the App. We will provide at least thirty (30) days' advance notice before material changes take effect.
18.3 Continued Use. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you should stop using the App, cancel any active subscription, and delete your account.
18.4 The "Last Updated" date at the top of this page reflects the most recent revision. We encourage you to review these Terms periodically.
19 Jurisdiction-Specific Provisions
The following provisions apply to users in specific jurisdictions and supplement or modify the general terms above to the extent required by applicable mandatory law:
19.1 European Union / European Economic Area Users
- • As a consumer in the EU/EEA, you have rights under EU Directive 2011/83/EU regarding digital content and services, including a right of withdrawal. However, because subscriptions are purchased through Apple or Google, any right of withdrawal for digital content is governed by the applicable Platform's withdrawal and refund policies.
- • The arbitration clause in Section 15 does not limit your statutory consumer rights under applicable EU law. You may bring claims in the courts of your habitual residence.
- • You may lodge complaints with your local data protection authority regarding data protection matters. For data-related inquiries, contact us at privacy@amstudios.dev.
- • Liability limitations in Section 13 apply only to the extent permitted by mandatory EU consumer protection law.
19.2 United Kingdom Users
- • The Consumer Rights Act 2015 applies to your use of the Service. You have statutory rights regarding the quality and fitness for purpose of digital content that cannot be excluded or restricted by these Terms.
- • Where the Service fails to meet the standards required by the Consumer Rights Act 2015, you may be entitled to a repair, replacement, or refund (subject to the applicable Platform's refund process).
- • Nothing in these Terms affects your statutory rights as a consumer in the United Kingdom.
19.3 California Users (United States)
- • Your rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) are described in detail in our Privacy Policy.
- • Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- • If you are a California resident, you waive California Civil Code Section 1542, which provides: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
19.4 Australian Users
- • Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010) provides consumer guarantees that cannot be excluded, restricted, or modified by these Terms.
- • To the extent permitted by the Australian Consumer Law, AM Studios' liability for breach of any non-excludable consumer guarantee is limited to the re-supply of the Service or the payment of the cost of having the Service re-supplied.
- • Nothing in these Terms purports to exclude, restrict, or modify any right or remedy, or any guarantee, warranty, or other term or condition, implied or imposed by the Australian Consumer Law which cannot lawfully be excluded or limited.
19.5 Brazilian Users
- • The Brazilian Consumer Defense Code (Código de Defesa do Consumidor, Law No. 8.078/1990) applies to your use of the Service. Consumer protections provided by the CDC cannot be waived or limited by these Terms.
- • Your data protection rights under the Lei Geral de Proteção de Dados (LGPD, Law No. 13.709/2018) are described in our Privacy Policy.
- • Any arbitration clause in these Terms shall be interpreted in accordance with Brazilian Law No. 9.307/1996 and applicable consumer protection principles.
20 General Provisions
20.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and AM Studios with respect to your use of the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and AM Studios regarding the Service.
20.2 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. Where a provision cannot be enforced to any extent, it shall be severed from these Terms without affecting the validity of the remaining provisions.
20.3 Waiver. The failure of AM Studios to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by AM Studios. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
20.4 Assignment. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, without AM Studios' prior written consent. AM Studios may assign these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
20.5 Force Majeure. AM Studios shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, power outages, internet or telecommunications failures, or third-party service outages.
20.6 Notices. AM Studios may provide notices to you via in-app notification, email to the address associated with your account, or by posting updates within the App. You may contact AM Studios using the information provided in Section 21.
20.7 Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.
21 Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:
- Company: AM Studios LLC
- Address: 30 N Gould St Ste R, Sheridan, WY 82801, United States
- Email: privacy@amstudios.dev
- Website: protocol90.app
By creating an account or using Protocol 90, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.