Terms of Service

Last Updated: June 14, 2025

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and OringTracker ("Company," "we," "us," or "our"). By accessing or using our mobile application (the "App"), you acknowledge that you have read, understood, and agree to be bound by these Terms.

2. Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet all eligibility requirements.

3. License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App for your personal, non-commercial use on devices you own or control.

4. Restrictions

You agree not to:

Modify, adapt, alter, translate, or create derivative works of the App
Use the App for any fraudulent or unlawful purpose
Interfere with or disrupt the operation of the App
Reverse engineer, decompile, or disassemble the App
Remove, alter, or obscure any copyright, trademark, or other proprietary rights notice
Use any robot, spider, scraper, or other automated means to access the App

5. Intellectual Property Rights

The App and its entire contents, features, and functionality are owned by FunPokes Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

6. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. Limitation of Liability

IN NO EVENT SHALL FUNPOKES INC., ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE APP.

8. Indemnification

You agree to defend, indemnify, and hold harmless FunPokes Inc. from and against any claims, liabilities, damages, losses, and expenses arising from: (a) your use of the App; (b) your violation of these Terms; or (c) your violation of any third-party rights.

9. Modifications

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of material changes through the App or via email. Your continued use after such changes constitutes acceptance of the new Terms.

10. Termination

We may terminate or suspend your access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes shall be resolved exclusively in the state or federal courts located in Santa Clara County, California.

12. Dispute Resolution

Prior to filing any legal action, you agree to attempt to resolve any dispute informally by contacting us at support@funpokesinc.com. If unresolved after 60 days, either party may pursue formal proceedings.

13. Class Action Waiver

You agree to resolve disputes on an individual basis and waive any right to participate in class actions, class arbitrations, or representative actions.

14. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

15. Entire Agreement

These Terms constitute the entire agreement between you and FunPokes Inc. regarding the App and supersede all prior agreements and understandings.

16. Contact Information

For questions about these Terms, please contact:

FunPokes Inc.
Legal Department
support@funpokesinc.com