Last updated May 2, 2026

END USER LICENSE AGREEMENT (EULA)

Smarty Paints is licensed to you (End-User) by Neural Appworks, LLC (“Licensor”), for use only under the terms of this License Agreement. Licensor is registered in the United States of America and have our registered office at 5441 S Macadam AVE STE N, Portland, OR 97239.

By downloading the Licensed Application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), and any update thereto (as permitted by this License Agreement), you indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and that you accept this License Agreement. App Store and Play Store are referred to in this License Agreement as “Services.”

The parties of this License Agreement acknowledge that the Services are not a Party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance and support thereof. Neural Appworks, LLC, not the Services, is solely responsible for the Licensed Application and the content thereof.

This License Agreement may not provide for usage rules for the Licensed Application that are in conflict with the latest Apple Media Services Terms and Conditions and Google Play Terms of Service (“Usage Rules”). Neural Appworks, LLC acknowledges that it had the opportunity to review the Usage Rules and this License Agreement is not conflicting with them.

Smarty Paints transacted through the Services is licensed to you for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to you. Smarty Paints is to be used on devices that operate with Apple’s operating systems (“iOS”) or Google’s operating system (“Android”).

1. THE APPLICATION

Smarty Paints (“Licensed Application”) is a piece of software created to assist end users in cataloging watercolor paints, browsing reference data about paint properties (including but not limited to transparency, granulation, staining behavior, lightfastness, and pigment composition), comparing paints across brands, identifying possible substitutes (“dupes”), organizing personal palettes, and matching personal paint inventories to tutorial supply lists — and customized for iOS and Android mobile devices (“Devices”).

The Licensed Application provides reference and comparison information for informational purposes only. Paint property information is sourced from manufacturer-published data, public sources, and Licensor’s own research, and may contain errors, omissions, or out-of-date entries. Manufacturers may change formulations, pigment compositions, or other properties without notice, and primary-source information is not always available. Color, behavior, and “dupe” suggestions are approximate and depend on factors outside the Licensed Application’s control, including paper, water, technique, lighting, display calibration, and individual paint batch variation. No guarantees are made about the accuracy, completeness, or currency of any information presented in Smarty Paints, and no guarantees are made that any suggested substitute paint will perform identically to, or acceptably in place of, any other paint. You assume all responsibility for verifying paint information independently before making purchasing or artistic decisions.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. SCOPE OF LICENSE

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Devices that you (End-User) own or control and as permitted by the Usage Rules, with the exception that such Licensed Application may be accessed and used by other accounts associated with you (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Licensed Application provided by Licensor that replace, repair, and/or supplement the first Licensed Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Neural Appworks, LLC’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Licensed Application.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with Neural Appworks, LLC’s prior written consent).

2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that you own or control for backup purposes under the terms of this license, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.6 You may not use the Licensed Application, its database, or any data or content accessed through it to build, train, evaluate, or improve any competing product, service, dataset, or model, or to compile a database intended to replicate or substitute the Licensed Application’s content. You may not bulk-export, scrape, or systematically extract the Licensed Application’s paint database or related content.

2.7 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.8 Licensor reserves the right to modify the terms and conditions of licensing.

2.9 Nothing in this license should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3.1 The Licensed Application requires iOS devices running a recent version of iOS, or Android devices running a recent version of Android, as specified on the App Store and Play Store listings. Licensor recommends using the latest version of your device’s operating system.

3.2 Licensor attempts to keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware. Licensor has no obligation to provide such updates except where required by applicable law.

3.3 You acknowledge that it is your responsibility to confirm and determine that the app end-user device on which you intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. NO MAINTENANCE AND SUPPORT

4.1 Neural Appworks, LLC is not obligated, express or implied, to provide any maintenance, technical or other support for the Licensed Application.

4.2 Neural Appworks, LLC and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

You acknowledge that Licensor may process your downloaded Licensed Application content and your personal information, and that such processing is subject to your agreements with Licensor and Licensor’s Privacy Policy: available at https://smartypaints.app/privacypolicy/. When information is used to improve products or services, Licensor will use it in aggregated, de-identified, or otherwise limited form where required by applicable law.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Licensed Application. Licensor may also use this information to improve its products or to provide services or technologies to you; where required by law, such use will be in aggregated, de-identified, or otherwise limited form.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application currently allows users to submit content — including but not limited to text, photographs, notes, paint entries, palette layouts, and other materials (collectively, “Contributions”) — for that user’s own private use within the Licensed Application. Contributions are not, at this time, made viewable to other users by default. Licensor reserves the right to add features in the future that allow users to share Contributions with others; if and when that occurs, Licensor will provide notice and any sharing will be subject to user controls and this Agreement.

Any Contributions you transmit may be treated in accordance with the Licensed Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Licensed Application, to use your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you. You grant Licensor a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, create derivative works from, and otherwise exploit such feedback.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. LIABILITY

This app is a reference and organization tool. Information may be incomplete, out-of-date, or inaccurate, and “dupe” or substitution suggestions are approximate. Use your own judgment and confirm important decisions independently. You’re responsible for how you use the app.

8.1 Use at your Own Risk.

You understand and agree that the Licensed Application provides reference information and approximate comparisons only, and may be inaccurate or incomplete due to factors such as manufacturer data changes, formulation changes, batch variation, paper and technique differences, display settings, lighting, device color profiles, and user inputs. The Licensed Application is not professional advice. You assume all risk for your use of the Licensed Application, including any purchasing decisions, artistic decisions, or other decisions made in reliance on its content.

8.2 No Special or Consequential Damages.

To the maximum extent permitted by law, the Licensor will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages (including loss of profits, revenue, goodwill, data, or business interruption), even if advised of the possibility of such damages.

8.3 Cap on Direct Damages.

To the maximum extent permitted by law, the Licensor’s total liability for any claim arising out of or relating to the Licensed Application shall not exceed the greater of USD $50 or the amounts you paid (if any) for the Licensed Application or in-app purchases in the 12 months before the claim.

8.4 Exceptions That Cannot Be Limited.

The exclusions and limitations above do not apply to liability that cannot be excluded by law, such as death or personal injury caused by gross negligence or willful misconduct, or fraud. Nothing in this Agreement affects your non-waivable statutory rights.

8.5 Your Backups & Third-Party Services.

You are responsible for maintaining backups of your data. The Licensed Application may rely on third-party services (e.g., app stores, device OS, cloud services); the Licensor is not responsible for acts or omissions of such third parties.

8.6 Jurisdiction Notice.

Some states/countries do not allow the exclusion or limitation of certain damages or implied warranties, so some of the above may not apply to you. In such cases, the exclusions/limitations apply to the fullest extent permitted by applicable law.

9. WARRANTY

Except as expressly stated in Section 9.1, the Licensed Application is provided “AS IS” and “AS AVAILABLE,” and, to the maximum extent permitted by law, Licensor disclaims all implied warranties (including merchantability, fitness for a particular purpose, non-infringement, and accuracy). Reference information is provided as a convenience and is not professional advice; outcomes may vary by paint batch, paper, technique, device, lighting, display, and user inputs.

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download from the Services, to Licensor’s knowledge and after using commercially reasonable measures.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by yourself or by third parties, or if there are any other reasons outside of Neural Appworks, LLC’s reasonable control that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify Neural Appworks, LLC about issues discovered without delay by email. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 30 days after discovery.

9.4 If we confirm that the Licensed Application is defective, Neural Appworks, LLC reserves a choice to remedy the situation either by means of solving the defect, or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the Services Store Operator, and your Licensed Application purchase price will be refunded to you. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any failure to meet any warranty.

9.6 If the user is a Business User (acting in the course of business), any claim based on faults expires after twelve (12) months from when the Licensed Application was made available to the user, to the maximum extent permitted by law. For consumers, statutory limitation periods and rights apply.

9.7 The Licensed Application provides reference information and approximate comparisons only. Licensor does not warrant the accuracy, completeness, or currency of paint data, pigment information, manufacturer details, or “dupe” or substitution suggestions, and does not warrant that any paint will perform as described or that any suggested substitute will perform identically to or acceptably in place of any other paint. You should independently verify important decisions.

10. PRODUCT CLAIMS

Neural Appworks, LLC and the End-User acknowledge that Neural Appworks, LLC, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User’s possession and/or use of that Licensed Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation.

11. LEGAL COMPLIANCE

You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country; and that you are not listed on any US Government list of prohibited or restricted parties. You agree to comply with all applicable export control and sanctions laws (including U.S. EAR and OFAC).

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Neural Appworks, LLC c/o Northwest Registered Agent LLC #513290-93

Address: 5441 S MACADAM AVE STE N, PORTLAND, OR 97239, USA

Email: contact@neuralappworks.com

13. TERMINATION

The license is valid until terminated by Neural Appworks, LLC or by you. Your rights under this license will terminate automatically and without notice from Neural Appworks, LLC if you fail to adhere to any term(s) of this license. Upon License termination, you shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

Neural Appworks, LLC represents and warrants that Neural Appworks, LLC will comply with applicable third-party terms of agreement when using Licensed Application.

In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement and — upon your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

Neural Appworks, LLC and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User’s possession and use of that Licensed Application infringes on the third party’s intellectual property rights, Neural Appworks, LLC, and not the Services, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

15.1 Ownership; Licensed, Not Sold.

The Licensed Application and all related software, source code, object code, paint database, compiled paint property data, comparison and “dupe” logic, design, UI/UX, and documentation (collectively, the “Protected Technology”) are owned by Neural Appworks, LLC or its licensors and are licensed, not sold. Except for the limited rights expressly granted in this Agreement, all rights are reserved. Individual paint property facts published by manufacturers are not claimed as Licensor’s property; Licensor’s compilation, organization, curation, and presentation of that information is.

15.2 Restrictions on Use of Outputs.

Except as permitted by this Agreement, you must not use any outputs, comparisons, “dupe” suggestions, exports, screenshots, logs, or metadata from the Licensed Application to:

(a) create, train, fine-tune, evaluate, benchmark, or improve any competing model, dataset, or service; or

(b) compile a database intended to replicate or substitute the Licensed Application or the Protected Technology.

Personal, non-commercial use of outputs for your own projects is permitted, subject to this Agreement. This does not grant any rights in third-party content or materials not owned by Licensor.

15.3 No Circumvention of Technical Measures.

You must not remove, obscure, bypass, or circumvent any watermarks, obfuscation, access controls, rate limits, or other technical protections applied to the Licensed Application or its outputs.

15.4 No Automated Access or Scraping.

You must not use robots, spiders, crawlers, scripts, or other automated means to access, extract, or index outputs or other content from the Licensed Application, except with prior written consent from Neural Appworks, LLC or except as permitted by applicable law.

15.5 Equitable Relief.

You agree that any breach of this Section 15 may cause irreparable harm for which monetary damages are inadequate, and Neural Appworks, LLC may seek injunctive or equitable relief without posting a bond, in addition to any other remedies.

15.6 No Affiliation.

Smarty Paints references third-party paint brands, product names, pigment codes, and color names solely for identification, comparison, and informational purposes. All trademarks, brand names, and product names are the property of their respective owners. Neural Appworks, LLC is not affiliated with, endorsed by, sponsored by, or partnered with any paint manufacturer, retailer, or other third party referenced in the Licensed Application unless otherwise explicitly stated.

16. APPLICABLE LAW

This License Agreement is governed by the laws of Oregon, USA excluding its conflicts of law rules. Consumer protection rights that cannot be waived under the law of your place of residence remain unaffected.

17. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND NEURAL APPWORKS, LLC TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, AND IT WAIVES THE RIGHT TO PARTICIPATE IN CLASS ACTIONS. YOU HAVE THE RIGHT TO OPT OUT OF THIS SECTION AS DESCRIBED IN SECTION 17.2.

17.1 Informal Dispute Resolution First.

Before initiating arbitration or any other legal proceeding, you and Neural Appworks, LLC each agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Licensed Application (a “Dispute”) informally, in good faith, for at least sixty (60) days. To begin, you must send a written notice describing the Dispute and the relief sought to contact@neuralappworks.com (with subject line “Dispute Notice”). Neural Appworks, LLC will send any notice to you at the email address associated with your account or purchase. The 60-day informal resolution period is a precondition to filing arbitration; the applicable statute of limitations and any filing-fee deadlines are tolled during this period.

17.2 Right to Opt Out.

You have the right to opt out of the arbitration agreement and class action waiver in this Section 17 by sending written notice of your decision to opt out to contact@neuralappworks.com (with subject line “Arbitration Opt-Out”) within thirty (30) days of the date you first accept this Agreement (or, for users who accepted a prior version of this Agreement that did not contain this Section 17, within thirty (30) days of the date this Section 17 was first published). Your notice must include your name, the email address associated with your account or purchase, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of this Agreement, and your relationship with Neural Appworks, LLC will not be adversely affected by opting out. If you opt out, disputes will be resolved in the courts identified in Section 17.9.

17.3 Agreement to Arbitrate.

Except for the matters carved out in Section 17.4, you and Neural Appworks, LLC agree that any Dispute that is not resolved through informal resolution under Section 17.1 will be resolved exclusively through final and binding individual arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this Section 17.

17.4 Exceptions — Matters Not Subject to Arbitration.

Notwithstanding Section 17.3, the following are not subject to arbitration and may be brought in court:

(a) Small claims. Either party may bring an individual claim in small claims court if the claim qualifies and remains in that court (i.e., is not removed or appealed to a court of general jurisdiction).

(b) Intellectual property and confidentiality claims. Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights (including, for Neural Appworks, LLC, claims under Sections 2.4, 2.6, and 15) or confidential information, or to prevent unauthorized access to or use of the Licensed Application.

(c) Public injunctive relief. To the extent applicable law (including, e.g., the McGill rule under California law) provides a non-waivable right to seek public injunctive relief, that right is preserved and any such claim may be brought in court.

(d) Non-waivable claims. Any claim that, under applicable law, cannot be subjected to mandatory pre-dispute arbitration.

17.5 Arbitration Procedure.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”), as modified by this Agreement. The AAA Rules are available at www.adr.org. If AAA is unable or unwilling to administer the arbitration consistent with this Section, the parties will agree on an alternative administrator or, failing agreement, a court of competent jurisdiction will appoint one.

(a) Arbitrator. A single neutral arbitrator will conduct the arbitration.

(b) Location. The arbitration will be conducted by telephone, videoconference, or, at your election, in the U.S. county where you reside, or by submission of documents only if the AAA Rules permit. You will not be required to travel outside the county where you reside to attend the arbitration.

(c) Fees. Neural Appworks, LLC will pay all arbitration filing and administration fees and arbitrator fees that exceed the cost of filing a lawsuit in your local court, except that if the arbitrator determines your claim is frivolous or brought for an improper purpose, the allocation of fees will be governed by the AAA Rules. Each party is otherwise responsible for its own attorneys’ fees, except where applicable law or the arbitrator’s award provides otherwise.

(d) Authority of arbitrator. The arbitrator has exclusive authority to resolve any Dispute, including any claim that all or part of this Section 17 is unenforceable, except that a court — not the arbitrator — has exclusive authority to decide questions about the validity, enforceability, and scope of the Class Action Waiver in Section 17.6 and the Mass Filing Procedures in Section 17.7. The arbitrator may award any individual relief that a court could award under applicable law, but may not award relief affecting persons other than the individual claimant.

(e) Confidentiality. The arbitration will be confidential to the extent permitted by applicable law, except as necessary to enforce the award or comply with legal obligations.

17.6 Class Action Waiver.

YOU AND NEURAL APPWORKS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate or join the claims of multiple persons (except as expressly permitted by Section 17.7) and may not preside over any form of class, collective, or representative proceeding. If a court or arbitrator decides that this Class Action Waiver is unenforceable as to any particular claim or request for relief, then that claim or request for relief, and only that claim or request for relief, will be severed from arbitration and may be brought in court, while all other claims will proceed in arbitration.

17.7 Mass Filing Procedures.

If 25 or more individual arbitration demands are filed against Neural Appworks, LLC by or with the assistance of the same law firm or coordinated counsel, raising substantially similar issues of law or fact, the parties agree these demands constitute “Mass Filings” and will be administered as follows, notwithstanding any AAA Rules to the contrary:

(a) Bellwether stage. The parties will select up to ten (10) Mass Filings to proceed individually as bellwether arbitrations (five chosen by each side). All other Mass Filings will be stayed.

(b) Mediation. After the bellwether arbitrations are concluded, the parties will engage in a single global mediation in good faith for the remaining stayed cases. Filing fees for the stayed cases are not due unless and until the case proceeds past mediation under subsection (c).

(c) Continuation. If global resolution is not reached in mediation, the remaining cases will proceed individually in arbitration in batches of no more than fifty (50) at a time, in an order to be agreed by the parties or, failing agreement, set by AAA.

(d) Severability. If a court determines that the Mass Filing Procedures are unenforceable as to any case, that case (and only that case) may proceed in court on an individual basis; the Class Action Waiver in Section 17.6 remains in full force.

These procedures are intended to ensure that Mass Filings are resolved fairly and economically for both sides, and are an essential, non-severable part of the parties’ agreement to arbitrate.

17.8 30-Day Right to Reject Future Changes to Section 17.

If Neural Appworks, LLC makes any future material change to this Section 17, you may reject the change by sending written notice to contact@neuralappworks.com within thirty (30) days of the change becoming effective, in which case the version of Section 17 immediately preceding the change will continue to apply to you. Changes to other sections of this Agreement are governed by Section 21.3.

17.9 Court Proceedings.

For any Dispute not subject to arbitration (including Disputes by users who have validly opted out under Section 17.2, claims falling within Section 17.4, or claims after this Section 17 has been found unenforceable in whole or in part), you and Neural Appworks, LLC agree to the exclusive jurisdiction and venue of the state and federal courts located in Multnomah County, Oregon, and waive any objection to jurisdiction or venue in those courts, except where applicable consumer protection law guarantees you the right to bring suit in your place of residence.

17.10 Survival.

This Section 17 survives termination of this Agreement.

18. INDEMNIFICATION

You will defend, indemnify, and hold harmless Neural Appworks, LLC and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from (a) your use of the Licensed Application in violation of this Agreement or law, (b) your Contributions, or (c) your infringement or misappropriation of any third-party rights.

19. PURCHASES, SUBSCRIPTIONS, AND BILLING

The Licensed Application is offered on a “freemium” basis: a free tier provides limited but unrestricted access to core features, with no account required. Paid tiers unlock additional features (collectively, the “Premium Features”). Paid tiers are currently offered as:

(a) a yearly auto-renewing subscription (“Subscription”); and

(b) a one-time purchase entitling you to access Premium Features for the operational lifetime of the Licensed Application (“Lifetime Purchase”).

All purchases are processed by the App Store or Play Store; refunds are handled by the applicable store under that store’s policies.

19.1 Subscriptions.

Subscriptions are auto-renewing unless canceled through the App Store or Play Store at least 24 hours before the current period ends. Pricing and features may change prospectively with store notice; taxes may apply.

19.2 Lifetime Purchase — What It Is.

A Lifetime Purchase grants you, for the operational lifetime of the Licensed Application, access to the set of Premium Features that are designated by Licensor as included in the Lifetime Purchase at the time of your purchase. “Operational lifetime” means the period during which Licensor continues to make the Licensed Application available through the Services. A Lifetime Purchase is a license, not a transfer of ownership, and is subject to all other terms of this Agreement, including the Scope of License (Section 2) and Termination (Section 13).

19.3 Lifetime Purchase — What It Is Not.

A Lifetime Purchase does not guarantee:

(a) that the Licensed Application will remain available indefinitely;

(b) that the Services (App Store, Play Store), your device, or your operating system will continue to support the Licensed Application;

(c) that any specific feature, integration, third-party data source, or cloud-dependent capability will remain available, where its availability depends on factors outside Licensor’s reasonable control (including third-party API changes, manufacturer data licensing, hosting costs, or platform policy changes); or

(d) that all future features will be included at no additional cost (see Section 19.4).

19.4 Future Features and Separately-Priced Add-Ons.

Licensor may, in its discretion, introduce new features in the future that are offered as separately-priced add-ons, separate purchases, or separate subscriptions, and that are not included in either the Subscription or the Lifetime Purchase. Examples of features that may be offered separately include, without limitation, features that incur ongoing third-party costs to Licensor (such as cloud computation, third-party API usage, or licensed external data). Licensor will identify such features as separately-priced at the time they are introduced.

19.5 No Reduction of Existing Paid Benefits.

Licensor will not revoke, remove, or place behind an additional paywall any Premium Feature that was included in your Subscription or Lifetime Purchase at the time you purchased it, for as long as your purchase or subscription remains active and the Licensed Application remains operational, except where required to do so by law, by a third-party rights holder, by a platform policy change, or due to circumstances outside Licensor’s reasonable control. Licensor may change the bundle of features offered to future purchasers at any time without affecting existing paid users.

19.6 Discontinuation; No Refund Obligation Beyond Store Policy.

If Licensor discontinues the Licensed Application or any specific Premium Feature, the Lifetime Purchase and any active Subscription end with respect to discontinued functionality. Licensor has no obligation to provide refunds beyond what is required by the applicable Services store’s policies or by applicable law. To the maximum extent permitted by law, you acknowledge that the price paid for a Lifetime Purchase reflects the inherent uncertainty of “operational lifetime” and is not contingent on any minimum period of availability.

19.7 Free Tier.

The free tier is offered as a courtesy and may be modified, limited, or discontinued at any time, in whole or in part, without notice. Licensor makes no commitment that any specific feature will remain available in the free tier.

19.8 Trials.

The Licensed Application does not currently offer free trials of paid tiers; users may evaluate the Licensed Application via the free tier. If Licensor offers trials in the future, trial terms (including auto-conversion to paid status unless canceled before trial end) will be disclosed at the point of sale.

20. FORCE MAJEURE

Neural Appworks, LLC will not be liable for delays or failures due to events beyond its reasonable control, including outages, acts of God, labor disputes, or government actions.

21. MISCELLANEOUS

21.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

21.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.

21.3 Neural Appworks, LLC may modify this Agreement prospectively. Material changes will be notified in-app or on the website and become effective on publication, except where applicable law requires consent. Your continued use after effective date constitutes acceptance.

21.4 Failure to enforce any provision is not a waiver.

21.5 This Agreement is the entire agreement regarding the Licensed Application and supersedes prior or contemporaneous communications.

21.6 Sections 2.4, 2.6, 5–11, 14–17, and 18–20 survive termination.