1. Acceptance of Terms

Welcome to Museum App. By accessing, registering, or using our service, you agree to be bound by these Terms and Conditions of Use ("Terms"), including our Privacy Policy and Cookie Policy (available on our website). If you do not agree with any part of these terms, you should not use our service.

By registering or using the service, you represent and warrant that you have the legal capacity to enter into binding contracts under the laws applicable in your jurisdiction.

Museum App is operated by Museum App Inc., a company registered in the State of Texas, United States. Our administrative office is located at 5900 Balcones Drive Ste 100, Austin, TX, 78731.

Privacy Rights: If you reside in Texas or other jurisdictions with applicable privacy laws (such as California, Virginia, Colorado, Connecticut, Utah, or the European Union), you may have additional rights regarding your personal data, including but not limited to: right of access to your data, right to deletion (right to be forgotten), right to correction, right to data portability, and right to opt-out of targeted advertising, sale of personal data, or automated profiling. For detailed information on how to exercise these rights and how we process your personal data, please consult our Privacy Policy available on our website.

2. Description of Service

2.1 Platform Features

Museum App is a social network designed specifically for collectors, allowing users to:

• Create and manage personalized virtual museums
• Catalog, organize, and display their collectible items
• Share posts, images, and content related to collecting
• Interact with other collectors through comments, direct messages, and interactions
• Create and organize wish lists for desired collectible items
• Manage private information about their collectibles, including acquisition data, personal notes, and documentation
• Perform calculations of estimated value for complete collections or specific sections based on provided information
• Discover specialized stores, classified ad platforms, and auction sites related to collecting
• Create and save custom searches across various marketplaces and collectible trading platforms
• Discover new collectible items and connect with the collector community

2.2 Estimates and Analytical Tools

Museum App may offer analytical tools, value calculators, and price estimates for collectible items. These estimates are provided for informational purposes only and may be based on incomplete, outdated, or third-party data.

Important disclaimer:

• Value estimates DO NOT constitute professional appraisal, financial, tax, accounting, insurance, or investment advice
• Actual market values may differ significantly from the estimates provided
• You should not rely exclusively on these tools to make purchase, sale, investment, or insurance decisions
• You should consult with a certified professional appraiser for official valuations
• You assume all risk arising from the use of these tools and estimates

Museum App will not be liable for decisions made based on such estimates or analytical tools to the maximum extent permitted by law.

2.3 Third-Party Services and Integrations

The Service may contain links, integrations, references, or search results that direct to websites, marketplaces, commerce platforms, or services operated by independent third parties. These may include, without limitation:

• Specialized collectible stores
• Classified ad platforms and second-hand marketplaces
• Online auction sites
• Product search tools
• Authentication or appraisal services
• Any other third-party services related to collecting

Museum App DOES NOT control, DOES NOT operate, DOES NOT endorse, and IS NOT responsible for any third-party website, service, content, product, privacy policy, or business practice. The inclusion of a link or integration does not imply endorsement, partnership, or affiliation.

Your use of any third-party service is governed exclusively by the terms, conditions, and policies of such third party. You acknowledge and agree that Museum App has no control over, and assumes no responsibility for, the content, privacy policies, accuracy, reliability, or practices of third-party sites or services. We strongly encourage you to review the terms and privacy policies of any third-party site or service you visit or use.

2.4 Professional Advice Disclaimer

Museum App DOES NOT provide professional advice. Unless expressly stated otherwise, the Service and any information provided by Museum App or through this platform (including but not limited to value estimates, analytical tools, market information, links to third-party services, user-generated content, or any other content available on the Service) DO NOT constitute and should not be interpreted as:

• Legal advice: We do not provide legal advice on contracts, litigation, intellectual property rights, compliance, or any other legal matter
• Tax or accounting advice: We do not provide advice on tax obligations, tax deductions, IRS implications, or accounting strategies
• Financial or investment advice: We do not provide investment recommendations, advice on financial instruments, or wealth management strategies
• Professional appraisal: Value estimates provided do not substitute for professional certified appraisals performed by accredited appraisers
• Authentication advice: We do not guarantee the authenticity of collectible items nor provide professional authentication, grading, or certification services
• Insurance advice: We do not provide recommendations on insurance policies, coverage, or valuation of assets for insurance purposes

Any action you take based on information available on Museum App is at your sole responsibility and risk. We strongly recommend consulting with qualified and licensed professionals (attorneys, accountants, financial advisors, certified appraisers, etc.) before making important decisions related to your collections, transactions, tax obligations, or any other matter requiring specialized advice.

Museum App disclaims all liability for decisions made based on information obtained through the Service, to the maximum extent permitted by law.

3. Eligibility and Registration

To use Museum App, you must:

• Be at least 13 years of age (or 16 if you reside in the European Economic Area, United Kingdom, or Switzerland, in accordance with GDPR Article 8)
• If you are between 13 and 18 years old, declare that you have the express consent of your parent or legal guardian to use the service and accept these Terms
• Provide accurate and complete information during registration
• Keep your account information up to date
• Maintain the security and confidentiality of your password
• Notify us immediately of any unauthorized use of your account

EU/EEA and United Kingdom users: If you access from the European Union, the European Economic Area, or the United Kingdom, local minimum ages for digital consent apply in accordance with Article 8 of the GDPR/UK GDPR (between 13 and 16 years, depending on the member country). When required by applicable law, Museum App will implement reasonable parental consent verification mechanisms.

You are fully responsible for all activities that occur under your account. Museum App reserves the right to request age verification or parental consent at any time.

4. User Content

4.1 Content Ownership and License

You retain all ownership rights to the content you post on Museum App. However, by posting content, you grant us a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use, reproduce, distribute, prepare derivative works, display, and perform your content in connection with the operation and promotion of Museum App.

This license will persist while your content is available on the platform and will automatically expire upon deletion of such content or your account, except in cases where your content has been shared, republished, or saved by other users in accordance with the platform's features, or when it is necessary to maintain it for legal, regulatory obligations, or dispute resolution.

4.2 Use of Images in Collectibles - MANDATORY REQUIREMENT

When posting collectible items on your account (collection, virtual museums, or drawers), the images used MUST strictly comply with the following requirements:

• Photographs must be exclusively of your authorship - You personally took the photographs of your collectible items
• Photographs must show items you own - The photographed collectible items physically belong to you
• NO use of third-party images is allowed - It is strictly prohibited to copy, download, or use images from other users, websites, databases, or any other external source to represent collectibles on your account
• NO stock or promotional images are allowed - You cannot use official images from manufacturers, distributors, sellers, or public databases

Important: This restriction applies specifically to collectible items you add to your personal account. For general posts (posts on the social feed), you may share images from other sources as long as:

• You have explicit authorization from the image owner, OR
• The image is in the public domain or free of rights, AND
• You do not use such images to deceive other users into believing that the items are your property or authorship

Consequences of non-compliance: Using images that are not of your authorship in collectible items on your account constitutes a serious violation of these terms and may result in immediate removal of the content, temporary or permanent suspension of your account, without prior notice.

Historical collections or editorial content: For collections of a historical nature, editorial content on the social feed, or images protected by fair use doctrine or open licenses (Creative Commons, public domain), compliance with copyright will be evaluated on a case-by-case basis. You are responsible for verifying and complying with the terms of any applicable license, and for providing required attribution when appropriate.

4.3 Content Responsibility

You are solely responsible for the content you post on Museum App. You will not post content that:

• Is illegal, defamatory, obscene, pornographic, abusive, harassing, or threatening
• Violates the intellectual property rights of third parties
• Contains viruses, malware, or malicious code
• Promotes illegal activities or violence
• Contains personal information of minors without consent
• Is spam, unauthorized advertising, or pyramid schemes
• Impersonates another person or entity

4.4 Image Rights and Sensitive Data

Image rights of third parties: You represent and warrant that you have all necessary permissions, consents, authorizations, and releases to post any image, photograph, or video in which identifiable persons other than yourself appear.

If you post content that includes the image, likeness, voice, or personal information of third parties:

• You are responsible for obtaining prior consent from such persons before posting
• For minors, you must have the express consent of their parents or legal guardians
• You must respect the privacy and image rights of third parties in accordance with applicable laws
• Museum App is not responsible for third-party claims related to violations of image rights or privacy arising from content you post

Biometric data and special categories of data: You agree NOT to upload, post, or process through the Service any content that contains:

• Biometric data (facial recognition, fingerprints, iris scans, facial geometry data, etc.) without adequate legal basis and explicit consent when required by applicable law
• Special categories of personal data under GDPR (racial or ethnic origin, political opinions, religious beliefs, health information, sexual orientation, genetic data) unless you have explicit consent and legal basis in accordance with data protection regulations
• Medical information, health records, or sensitive health data of third parties without authorization

Violation of these provisions constitutes a serious breach of these Terms and may result in immediate removal of content and termination of your account, in addition to exposing you to legal action by affected third parties. Museum App disclaims all liability for misuse of third-party data you commit.

5. User Conduct

By using Museum App, you agree to:

• Not harass, intimidate, or threaten other users
• Not create multiple accounts to evade restrictions or suspensions
• Not attempt to access other users' accounts without authorization
• Not perform scraping, crawling, automated data extraction, or use bots, scripts, or automated tools to access the platform, without express written authorization from Museum App
• Not interfere with the normal operation of the platform, including attempts to overload servers, perform denial of service (DDoS) attacks, or manipulate security features
• Not sell, transfer, or sublicense your account
• Comply with all applicable local, state, national, and international laws

Museum App reserves the right to log and analyze activity on the platform to prevent fraud, abuse, security breaches, or violations of these terms.

5.1 Community Guidelines and Content Policies

Use of the Service is also governed by our Community Guidelines and Content Moderation Policy, which are incorporated by reference into these Terms and are (or will be) available on our website.

These supplementary policies establish more specific guidelines on permitted content, expected behavior, moderation procedures, and consequences for violations. We reserve the right to update these policies periodically to reflect changes in the community, new features, or legal requirements. Your continued use of the Service after such updates constitutes your acceptance of the revised policies.

6. Content Moderation and Supervision

6.1 Moderation Right

Museum App reserves the right, but not the obligation, to:

• Review, monitor, and moderate any content posted on the platform
• Remove or modify content that violates these terms
• Review conversations between users when there are reports from other users about violations of these terms, harassment, spam, illegal content, or any other inappropriate conduct
• Suspend or delete accounts that violate these terms

6.2 Reporting System

Users can report content or conduct they consider inappropriate. Museum App will investigate reports and take appropriate action as deemed necessary.

6.3 Limitation of Liability for Third-Party Content

Museum App DOES NOT have the obligation to proactively monitor user-generated content and acts solely as a hosting provider in accordance with:

• Section 230 of the Communications Decency Act of the United States, which establishes that interactive service providers will not be treated as publishers or creators of third-party content
• Equivalent regulations applicable in other jurisdictions

Museum App does not endorse, verify, or take responsibility for content, opinions, recommendations, or information posted by users. Responsibility for content rests exclusively with the user who posts it.

7. Account Termination

7.1 Suspension and Deletion

Museum App reserves the right to suspend or permanently delete any account, at any time and without prior notice, for the following reasons:

• Violation of any of these Terms and Conditions
• Use of images that are not of your own authorship in collectible items on the account
• Abusive, harassing, or threatening behavior toward other users
• Posting illegal, defamatory, or inappropriate content
• Fraudulent or suspicious activity, including attempts to scam other users
• Multiple valid reports from other users
• Attempt to compromise platform security
• Any other reason that Museum App deems appropriate to protect the integrity of the platform and its users

7.2 Consequences of Termination

When an account is suspended or deleted:

• You will lose access to your account and all your content
• Your public content may remain visible or be deleted at Museum App's discretion
• No refunds will be issued for unused premium services
• You may not create new accounts without express authorization from Museum App

Backups: Museum App may maintain system data backups for technical reasons and operational continuity. These backups are purged in regular cycles (generally within 90 days or less from account deletion), except when necessary to retain them for legal obligations, dispute resolution, or security investigations.

7.3 Voluntary Termination

You may delete your account at any time from your profile settings. Account deletion is permanent and irreversible.

8. Security and Data Protection

8.1 Security Measures

Museum App implements reasonable security measures to protect user information. However, no system is completely secure.

8.2 Limitation of Liability for Security Breaches

Museum App implements reasonable technical and organizational measures to protect user information in accordance with industry standards, including data encryption, secure authentication, and security monitoring.

However, you acknowledge and agree that:

• No security system is completely infallible. We cannot guarantee that our systems are invulnerable to all types of cyber attacks, hacking, or unauthorized access
• Museum App will not be liable for security breaches, data loss, unauthorized access, or resulting damages that are caused by:
  • Sophisticated attacks by malicious third parties (zero-day attacks, APTs, etc.)
  • Vulnerabilities in third-party software, service providers, or external infrastructure
  • Force majeure events, natural disasters, or circumstances beyond our reasonable control
  • Negligence or actions by the user themselves (sharing passwords, falling for phishing, etc.)

In the event of a security breach affecting personal data, Museum App will comply with all notification obligations established by applicable laws, including but not limited to notifying affected users and competent authorities within legally required timeframes.

This limitation of liability does not apply in cases of gross negligence or intentional conduct by Museum App, nor in jurisdictions where such limitations are prohibited by law.

8.3 User Responsibility

You are responsible for maintaining the confidentiality of your access credentials and for any activity that occurs under your account. You must notify us immediately of any unauthorized use of your account or any other security breach.

8.4 Profile Visibility and Private Data Management

Public Profiles: Museum App is a social network platform designed to connect collectors and share content. By design, user profiles are public and visible to anyone on the internet, including unregistered users. This allows your collections, virtual museums, posts, and public activity to be discovered by other collectors and platform visitors.

By creating an account on Museum App, you agree that the following information will be public and accessible to anyone:

• Your username, profile name, and biography
• Your profile picture and virtual museum
• Collectibles you post in your public collection
• Posts, comments, and content you share publicly
• Your follower lists and accounts you follow
• Your public interactions (likes, public comments, reposts)

Private Collection Drawer (Premium Feature): Users with Premium or Premium Max subscriptions have access to a private collection drawer, which allows them to store and organize collectibles privately without being visible to other users. This functionality is exclusively available to active premium plan subscribers.

Protection of Private Collectible Data: Museum App allows users to enter private information in their collectibles, including:

• Purchase price and acquisition date
• Current estimated value
• Personal notes and private documentation
• Invoices and purchase receipts
• Any other sensitive information related to acquisition

Privacy Guarantee: This private information will never be publicly visible or shared with other users, regardless of whether the collectible is public or private. Private data is protected and only accessible by the account owner.

Anonymous and Aggregated Use of Price Data: To improve value estimates and provide more accurate market references to all users, Museum App may use purchase price and current value data in a completely anonymous and aggregated manner to:

• Calculate price trends and average market values
• Generate price estimates for similar items
• Provide historical and current price ranges
• Improve valuation tools and collection calculators

Total Anonymization: This data use strictly complies with the following guarantees:

• No user can identify where the data used in estimates comes from
• Data is aggregated and completely anonymized before use
• Individual prices or information that could identify the owner are not publicly shared
• Data is processed in such a way that it is impossible to trace it back to a specific user
• We comply with all applicable data protection laws (GDPR, CCPA, LGPD)

By providing price information in your collectibles, you expressly agree that such data may be used in an anonymous and aggregated manner for the purposes mentioned above, understanding that this information helps the entire collector community make more informed decisions.

Right to Deletion: At any time you may exercise your right to delete your account and all your personal data in accordance with applicable data protection laws. See our Privacy Policy and Section 7.3 of these Terms for more information on the account deletion process.

9. Intellectual Property

9.1 Museum App Ownership

Museum App and its original content (excluding user content), features, and functionality are and will remain the exclusive property of Museum App Inc. and its licensors.

Museum App™ is a pending registered trademark of Museum App Inc. (Trademark pending US USPTO, Application No. XXXXXXXXXXX). It is prohibited to use our trademarks, logos, or content without express written authorization.

9.2 DMCA Procedure for Copyright Infringement Claims

Museum App respects the intellectual property rights of third parties and complies with the provisions of the Digital Millennium Copyright Act (DMCA) of the United States.

If you are a copyright holder or your authorized agent, and you believe in good faith that content posted on our platform infringes your copyrights, you may submit a DMCA notice to our Designated Agent with the following information:

• Physical or electronic signature of the copyright holder or person authorized to act on their behalf
• Identification of the copyrighted work that you claim has been infringed
• Identification of the material you claim is infringing, with reasonably sufficient information to allow us to locate the material (specific URL of the content)
• Your contact information: full name, address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright holder, their agent, or the law
• A statement under penalty of perjury that the information in the notice is accurate and that you are authorized to act on behalf of the copyright holder

Send DMCA notices to:
Email: [email protected]
Subject: "DMCA Takedown Request"

Warning: Under United States federal law, if you knowingly submit false information in a DMCA notice claiming that material or activity is infringing copyrights, you may be liable for damages, including costs and attorney fees incurred by us or by the affected user.

9.3 DMCA Counter-Notice

If your content was removed due to a DMCA notice and you believe the removal was erroneous or that you have authorization to use the material, you may submit a DMCA counter-notice with:

• Your physical or electronic signature
• Identification of the content that was removed and its location before removal
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
• Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located (or the Southern District of Texas if you reside outside the United States), and that you will accept service of process from the person who provided the original DMCA notice or an agent of such person

9.4 Repeat Infringers Policy

In accordance with the DMCA and other applicable laws, Museum App has adopted a policy of termination, in appropriate circumstances and at Museum App's sole discretion, of accounts of users who are deemed repeat infringers of copyrights.

9.5 Third-Party Trademarks

Museum App may display logos, trade names, registered trademarks, and other distinctive signs of third parties (including specialized stores, auction houses, manufacturers, commerce platforms, and other services related to collecting) for exclusively informational, educational, and editorial purposes to help users identify and discover services relevant to their collecting interests.

All registered trademarks, logos, and trade names displayed on Museum App are the property of their respective owners. Museum App does not claim any ownership rights over these trademarks and their use is conducted under the nominative fair use doctrine solely for identification and information purposes.

The use of third-party trademarks on Museum App:

• Does not imply sponsorship, endorsement, association, or affiliation with the trademark owners
• Is conducted solely for descriptive and informational purposes for the benefit of users
• Is not intended to cause confusion about the origin of products or services
• Does not constitute unfair competition or trademark dilution

If you are a registered trademark holder or your authorized representative, and you have concerns about the use of your trademark on our platform, you may contact us at [email protected] so we can review your request and, if appropriate, take appropriate measures. Museum App reserves the right to evaluate each request individually in accordance with applicable trademark laws and fair use.

10. Premium Services and Subscriptions

Museum App offers premium services through subscription. By subscribing:

• You accept the specific terms of the selected plan
• You authorize recurring charges according to the chosen frequency (monthly or annual)
• You may cancel your subscription at any time from your account settings
• Cancellations take effect at the end of the current billing period
• No refunds are issued for unused partial periods
• Museum App reserves the right to modify prices with 30 days prior notice

10.1 Automatic Renewal and Cancellation

Your subscription automatically renews at the end of each billing period (monthly or annual), unless you cancel it before the renewal date. Museum App will automatically charge you the amount corresponding to the subscribed plan using the registered payment method.

How to cancel your subscription:

• Subscriptions from museum.app: You can cancel at any time from Settings → Subscription in your web account
• Subscriptions from Apple App Store: You must cancel directly from your App Store account (Settings → [your name] → Subscriptions). Museum App cannot process cancellations for subscriptions purchased via Apple
• Subscriptions from Google Play: You must cancel directly from Google Play Store (Google Play → Payments and subscriptions → Subscriptions). Museum App cannot process cancellations for subscriptions purchased via Google

Cancellation takes effect at the end of the current billing period. Your access to Premium features will continue until the expiration date of the period already paid.

If you cannot access your account: Send an email to [email protected] from the email address associated with your account, indicating your username and the reason why you request cancellation. We will process your request within 2-3 business days.

10.2 App Store and Google Play Purchases

If you purchased your subscription through Apple's App Store or Google Play, management, billing, cancellation, and refund requests must be made directly in the corresponding store (not from Museum App). The billing, refund, and subscription management policies of those stores prevail for such purchases.

Museum App does not have access to or control over transactions processed by Apple or Google, and cannot issue refunds or manage cancellations for subscriptions purchased in their stores.

10.3 Immediate Service Start and Right of Withdrawal (EU/EEA and United Kingdom Users)

By activating a Premium subscription, you expressly request that Museum App begin providing the premium service immediately. In compliance with Article 16.m of Directive 2011/83/EU (Consumer Rights Directive) and equivalent regulations in the United Kingdom, you expressly acknowledge that, by initiating your subscription and beginning to use premium features, you waive your 14-day right of withdrawal established in such regulations for distance contracts for digital content. This waiver applies because the digital service is provided completely immediately upon contracting and you expressly request the immediate start of the service.

Double consent: For residents in the EU/EEA and the United Kingdom, during the contracting process we will show two separate confirmations: (i) your express consent for the Premium service to begin immediately, and (ii) your acknowledgment that, for this reason, you lose the 14-day right of withdrawal for digital content contracts not supplied on physical media. Museum App maintains electronic records of such confirmations in accordance with applicable legal requirements.

11. Commerce on the Platform

11.1 Nature of the Platform

Museum App is a social network designed for collectors, focused on providing tools to catalog, organize, display, and share collections. Museum App is NOT a marketplace, is NOT an auction house, and is NOT an e-commerce platform.

11.2 Transactions Between Users

We recognize that collectors often trade items among themselves as a natural part of the hobby. Therefore:

• Users MAY communicate with each other through the private chat system to discuss, negotiate, or arrange transactions for collectible items
• Museum App DOES NOT prohibit or prevent these private communications between users
• Museum App DOES NOT facilitate, process, or participate in any purchase-sale transaction
• Museum App DOES NOT act as an intermediary, guarantor, or custodian in any transaction

11.3 Total Disclaimer of Liability

Museum App IS NOT responsible for:

• The authenticity, condition, quality, or legality of items traded between users
• Any user's ability to complete a transaction
• Scams, fraud, deception, or breaches of agreements between users
• Financial losses arising from transactions between users
• Disputes, conflicts, or legal issues arising from private transactions
• Payment methods, shipping, insurance, or any logistical aspect of transactions between users
• False, misrepresented, or incorrect information provided by users about items

IMPORTANT: Museum App DOES NOT hold funds, DOES NOT offer payment guarantees, DOES NOT provide escrow services, and DOES NOT process any type of financial transaction between users. Any transfer of money or goods occurs completely outside our platform and is the exclusive responsibility of the parties involved.

11.4 User Responsibility

If you decide to conduct transactions with other users:

• You do so at your own risk and responsibility
• You must conduct your own due diligence before any transaction
• It is your responsibility to verify the authenticity and condition of any item
• You must comply with all applicable laws related to the purchase and sale of goods
• You must directly agree with the other user on all terms of the transaction

11.5 Protection Against Fraud and Scams

Although we do not prohibit trading between users, we reserve the right to:

• Suspend or permanently delete accounts of users who attempt to scam, deceive, or defraud other users
• Investigate reports of fraudulent or suspicious activities
• Cooperate with legal authorities in investigations of fraud or illegal activities
• Implement additional security measures or restrictions if we detect patterns of abuse

11.6 Security Recommendations

For your protection, we recommend:

• Never send money or items to unknown users without proper precautions
• Use secure payment methods that offer buyer protection
• Request proof of authenticity when applicable
• Document all agreements and communications
• Immediately report any suspicious activity or attempted scam

12. Limitation of Liability

Disclaimer:

MUSEUM APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL MUSEUM APP INC., ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:

• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, use, goodwill, or other intangible losses
• User content or conduct of third parties on the platform
• Unauthorized access, use, or alteration of your transmissions or content
• Statements or conduct of third parties on the service
• Any other matter related to the service

MUSEUM APP'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO MUSEUM APP IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100 USD), WHICHEVER IS LESS.

Jurisdictional Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in such jurisdictions, the above limitations and exclusions may not apply to you. In such cases, Museum App's liability will be limited to the greatest extent permitted by applicable law.

CLASS ACTION WAIVER: YOU AND MUSEUM APP AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Arbitrators or courts SHALL NOT have authority to consolidate more than one person or entity in any claim or otherwise preside over any form of consolidated, representative, or class proceeding. UNLESS YOU AND MUSEUM APP AGREE OTHERWISE, THE ARBITRATOR OR COURT MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.

Final provision: Nothing contained in this section limits or excludes any liability that cannot be legally excluded under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Museum App Inc., its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

14. Service Modifications

14.1 Changes to the Service

Museum App reserves the right to modify, suspend, or discontinue, temporarily or permanently, the service (or any part thereof) with or without prior notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the service.

14.2 User Suggestions and Feedback

If you submit, post, or transmit ideas, suggestions, comments, improvements, recommendations, or any other feedback related to the Service or its features (collectively, "Feedback"), you grant Museum App a worldwide, perpetual, irrevocable, royalty-free, fully transferable and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and commercially exploit such Feedback in any form, medium, or technology, now known or developed in the future.

You acknowledge and agree that:

• Museum App has no obligation to maintain the confidentiality of any Feedback
• Museum App has no obligation to provide attribution or acknowledgment for Feedback
• Museum App has no obligation to compensate you financially for Feedback
• Museum App may implement, or not implement, any Feedback at its sole discretion

14.3 Beta and Experimental Features

Occasionally, Museum App may offer access to features identified as "Beta", "Labs", "Experimental", "Preview", or similar terms ("Beta Features"). These Beta Features:

• Are provided "as is" and "as available"
• May contain errors, bugs, or function unpredictably
• May not be complete or lack documentation
• May cause errors or data loss
• May change significantly, pause, or be withdrawn at any time without prior notice
• Are not subject to the same levels of support or maintenance as production features

You acknowledge that use of Beta Features is at your own risk and that Museum App has no obligation to convert any Beta Feature into a permanent production feature. You should not rely on Beta Features for critical or production uses.

15. Changes to Terms and Conditions

We reserve the right to update these terms at any time. When we make material changes, we will notify you by:

• Posting the updated terms on this page
• Updating the "Last updated" date at the top
• In-platform notification or email for significant changes

Your continued use of the service after such changes constitutes your acceptance of the new terms. If you do not agree with the new terms, you must stop using the service.

EU/EEA and United Kingdom Consumers: When a change to these Terms is considered material and significantly prejudices your rights as a consumer under applicable consumer protection regulations, Museum App will request your express consent to continue using the service under the new terms, when required by law. If you do not provide your consent, you may choose to terminate your account without penalty within the period established by applicable regulations.

16. Binding Arbitration and Dispute Resolution

16.1 Binding Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court.

You and Museum App Inc. agree that any dispute, claim, or controversy arising from or related to these Terms, their breach, termination, enforceability, interpretation, validity, or the use of the Service (collectively, "Disputes") will be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules then in effect.

JURY TRIAL WAIVER: YOU AND MUSEUM APP WAIVE ANY CONSTITUTIONAL AND LEGAL RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR A JURY. Instead, you and Museum App choose to resolve Disputes through arbitration.

16.2 Arbitration Procedure

• Administration: The arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Consumer Arbitration Rules in effect at the date of filing the claim. The parties may consult the AAA's Consumer Clause Registry to confirm case administration
• Location: The arbitration will be conducted in the county where you reside or in Dallas, Texas, at your choice
• Language: The arbitration will be conducted in English, unless the parties agree otherwise
• Single arbitrator: The arbitration will be decided by a single neutral arbitrator
• Written decision: The arbitrator will provide a reasoned written decision
• Confidentiality: The arbitration and all related proceedings will be confidential

16.3 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA's Consumer Arbitration Rules. If the value of your claim is $10,000 USD or less, Museum App will pay all filing, administration, and arbitrator fees, unless the arbitrator determines that your claim was frivolous or filed for an improper purpose.

16.4 Exceptions to Arbitration

Notwithstanding the foregoing, either party may:

• File an individual action in a small claims court if the claim qualifies and remains in such court
• Seek injunctive or equitable relief in a competent court to prevent actual or threatened infringement of intellectual property rights or confidential information

16.5 Right to Opt-Out

You have the right to opt out of this arbitration agreement by sending a written notice to Museum App within 30 days after creating your account or accepting these Terms (whichever occurs first).

The opt-out notice must be sent by email to [email protected] with the subject "Arbitration Opt-Out" and include:

• Your full name
• Your username on Museum App
• Email address associated with your account
• A clear statement that you wish to opt out of the arbitration agreement

If you validly opt out, neither you nor Museum App can require the other party to participate in an arbitration proceeding.

17. Applicable Law and Jurisdiction

These terms will be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.

Subject to Section 16 (Binding Arbitration), any dispute arising from or related to these terms will be resolved in state or federal courts located in the State of Texas, and you agree to submit to the personal jurisdiction of such courts.

EU/EEA and United Kingdom Consumers: For consumers residing in the European Union, the European Economic Area, or the United Kingdom, this clause does not limit the mandatory protections granted by the legislation of your country of residence, in accordance with Article 6 of Regulation (EC) No. 593/2008 on the law applicable to contractual obligations (Rome I).

18. General Provisions

18.1 Entire Agreement

These Terms constitute the entire agreement between you and Museum App Inc. regarding the use of the service.

18.2 Severability

If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions will continue in full force and effect.

18.3 Waiver

Museum App's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

18.4 Assignment

You may not assign or transfer these Terms, in whole or in part, without our prior written consent. Museum App may assign its rights under these Terms without restrictions.

18.5 Force Majeure

Museum App will not be liable for any delay or failure in performing its obligations under these Terms if such delay or failure results from causes beyond our reasonable control, including but not limited to:

• Natural disasters, epidemics, pandemics, or public health emergencies
• Massive cyber attacks, distributed denial of service (DDoS) attacks, or other attacks on internet infrastructure
• Failures or interruptions in essential third-party provider services (hosting, CDN, authentication services, etc.)
• Government actions, war, terrorism, civil unrest, or significant regulatory changes
• Power outages, telecommunications failures, or internet disruptions outside our network
• Strikes, labor disputes, or labor shortages

In such circumstances, our obligations will be suspended during the period of the force majeure event, and we will make reasonable efforts to resume service as soon as feasible.

18.6 International Access and Compliance with Local Laws

Museum App Inc. operates from the United States and is designed to comply with US laws. We recognize that users from other jurisdictions may access our service.

If you access Museum App from outside the United States:

• You do so at your own risk and responsibility
• It is your responsibility to ensure that use of the service complies with the local laws of your jurisdiction
• You agree that your data may be transferred, stored, and processed in the United States
• Privacy protections and other rights may differ from those available in your country of residence
• Museum App does not guarantee that the service is appropriate or available for use in all geographic locations

If use of Museum App is prohibited in your jurisdiction, or if any provision of these Terms conflicts with applicable local laws, you should not use the service. Museum App reserves the right to limit the availability of the service, certain features, or display local variants of these Terms in any country or region.

18.7 Electronic Notices and Communications

You agree to receive all notices, advisories, disclosures, agreements, and other legal or contractual communications from Museum App by electronic means, including but not limited to:

• Email sent to the email address registered in your account
• In-app notifications
• Posts on the Museum App website or in the legal notices section
• Messages in your dashboard or account settings area

You acknowledge and agree that these electronic communications satisfy any legal requirement that communications be in writing and have the same validity and effect as paper communications.

It is your responsibility to maintain an up-to-date and functional email address in your account. Museum App will not be responsible for any consequences arising from non-receipt of notices due to incorrect contact information, spam filters, email settings, or other causes beyond our control.

18.8 Survival of Provisions

The following sections of these Terms will survive and remain in full force and effect after any termination, expiration, or suspension of your account or these Terms:

• Section 4 (User Content — licenses granted)
• Section 6 (Moderation and Supervision — Museum App's rights)
• Section 7 (Account Termination — effects of termination)
• Section 8 (Security and Data Protection — limitations)
• Section 9 (Intellectual Property and DMCA)
• Section 11 (Commerce on the Platform — disclaimers)
• Section 12 (Limitation of Liability)
• Section 13 (Indemnification)
• Section 14.2 (Feedback — licenses granted)
• Section 16 (Binding Arbitration)
• Section 17 (Applicable Law and Jurisdiction)
• Section 18 (General Provisions)

18.9 Export Control and Sanctions Compliance

You represent and warrant that:

• You are not located in, nor are you a citizen or resident of, any country embargoed or subject to comprehensive trade sanctions by the United States government
• You are not included in any prohibited or restricted parties list maintained by the United States government, including but not limited to:
  • OFAC's Specially Designated Nationals (SDN) List
  • U.S. Department of Commerce Entity List
  • U.S. Department of State Denied Persons List
• You will not use the Service in any manner that violates U.S. export control laws, including the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR)
• You will not use the Service to facilitate transactions with persons, entities, or countries subject to U.S. sanctions

Museum App reserves the right to suspend or terminate your access to the Service if we determine, at our sole discretion, that you have violated any of these representations or if we are required to do so under applicable export control or sanctions laws.

18.10 Governing Language

These Terms may be available in various languages for your convenience. The original English version is the official and binding version. In case of discrepancy between the English version and any translation to another language, the English version will prevail, unless applicable law in your jurisdiction expressly provides otherwise or requires that the local language prevail.

18.11 Time Limit for Filing Claims

To the maximum extent permitted by applicable law, any claim, legal action, or proceeding arising from or related to the Service or these Terms must be initiated within one (1) year from the date the claim arose or from when you had knowledge (or reasonably should have had knowledge) of the facts supporting it; otherwise, such claim will be permanently barred and irrevocably prohibited.

This time limitation does not apply in jurisdictions where such limitation is expressly prohibited by law, nor does it affect non-waivable consumer rights established in applicable consumer protection regulations (such as EU/EEA regulations or state consumer protection laws in the United States that establish different limitation periods).

18.12 Third-Party Beneficiaries (Mobile Applications)

When the Service is distributed through Apple's App Store or Google Play Store, you acknowledge and agree that:

• Apple Inc. and its subsidiaries, as well as Google LLC and its affiliates, are third-party beneficiaries of these Terms in relation to your use of applications obtained through their respective stores
• These companies have the right to enforce these Terms against you as third-party beneficiaries
• Your use of the application is also subject to the Terms of Service of the corresponding App Store or Google Play Store, as applicable
• In case of conflict between these Terms and the stores' terms, the stores' terms will prevail regarding your use of the application distributed by such store
• Apple and Google have no obligation to provide maintenance or support services for the application

Museum App, not Apple or Google, is solely responsible for the application and its content. Any claims related to the application (including product liability claims, warranty breaches, or intellectual property infringement) should be directed to Museum App under these Terms, not to Apple or Google.

19. Contact Information

For questions, concerns, or legal notices related to these Terms and Conditions, you may contact us at:

Museum App Inc.

5900 Balcones Drive Ste 100

Austin, TX, 78731

United States

Email: [email protected]

Museum App™ is a pending registered trademark of Museum App Inc.