[{"data":1,"prerenderedAt":459},["ShallowReactive",2],{"brand:flashlight:terms":3,"brand:flashlight":392},{"meta":4,"content":7},{"title":5,"description":6},"Terms of Service","Draft terms for Flashlight Magnifier Launcher, adapted from the Shift platform template.",{"heading":5,"kicker":8,"intro":-1,"updatedAt":9,"draftNotice":10,"contactTitle":22,"preamble":23,"callout":-1,"sections":76},"Legal",null,[11],{"_type":12,"_key":13,"style":14,"markDefs":15,"children":16},"block","flashlight-draft","normal",[],[17],{"_type":18,"_key":19,"text":20,"marks":21},"span","flashlight-draft-text","Preview draft adapted from the Volume Booster Launcher template. Flashlight-specific wording is awaiting review.",[],"Contact Us",[24,32,62,69],{"_type":12,"_key":25,"style":14,"markDefs":26,"children":27},"b0",[],[28],{"_type":18,"_key":29,"text":30,"marks":31},"s0","These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User” or “you”) and Shift Technologies Inc. (“Shift”, “we”, “us”, or “our”), a company registered under the laws of British Columbia, Canada located at 520-1515 Douglas Street, Victoria, BC, V8W 2G4, Canada.",[],{"_type":12,"_key":33,"style":14,"markDefs":34,"children":42},"b1",[35,39],{"_type":36,"_key":37,"href":38},"link","m0","\u002F",{"_type":36,"_key":40,"href":41},"m1","\u002Fprivacy",[43,46,50,54,58],{"_type":18,"_key":29,"text":44,"marks":45},"These Terms govern your access to and use of the Flashlight Magnifier Launcher application (the “App”), our website at ",[],{"_type":18,"_key":47,"text":48,"marks":49},"s1","getflashlightlauncher.com",[37],{"_type":18,"_key":51,"text":52,"marks":53},"s2"," (the “Site”), and all related services provided by us (collectively, the “Services”). These Terms, together with our ",[],{"_type":18,"_key":55,"text":56,"marks":57},"s3","Privacy Policy",[40],{"_type":18,"_key":59,"text":60,"marks":61},"s4",", form the agreement between you and Shift (the “Agreement”). By using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use the Services.",[],{"_type":12,"_key":63,"style":14,"markDefs":64,"children":65},"b2",[],[66],{"_type":18,"_key":29,"text":67,"marks":68},"The Services are not intended for use by individuals under the age of eighteen (18) years. By using the Services, you represent that you are at least eighteen (18) years of age. If we learn that we have collected any personal information from an individual under eighteen (18) years, we will take steps to delete such information as quickly as possible.",[],{"_type":12,"_key":70,"style":14,"markDefs":71,"children":72},"b3",[],[73],{"_type":18,"_key":29,"text":74,"marks":75},"The Services are available to users located in the United States and its territories. Shift reserves the right to expand or restrict geographic availability at its discretion.",[],[77,138,193,203,216,232,292,302,312,322,332,342,352,362,372,382],{"id":78,"title":79,"summary":-1,"blocks":80,"subsections":87,"link":-1},"services-description","Services Description",[81],{"_type":12,"_key":25,"style":14,"markDefs":82,"children":83},[],[84],{"_type":18,"_key":29,"text":85,"marks":86},"Flashlight Magnifier Launcher is an Android application that provides flashlight, magnifier, and other utility features. The App is distributed through the Google Play Store.",[],[88,99,110,121],{"id":89,"number":90,"title":91,"summary":-1,"blocks":92},"default-home-screen","1.1","Default Home App",[93],{"_type":12,"_key":25,"style":14,"markDefs":94,"children":95},[],[96],{"_type":18,"_key":29,"text":97,"marks":98},"The App may ask you to set it as your default home application during setup. This is optional. You can change your default home application back at any time through your device’s Android system settings.",[],{"id":100,"number":101,"title":102,"summary":-1,"blocks":103},"search","1.2","Search",[104],{"_type":12,"_key":25,"style":14,"markDefs":105,"children":106},[],[107],{"_type":18,"_key":29,"text":108,"marks":109},"The App includes search functionality powered by a third-party search provider. When you enter a search query, it is sent to that third-party search provider and results are returned subject to such third-party search provider’s terms and privacy policy.",[],{"id":111,"number":112,"title":113,"summary":-1,"blocks":114},"advertising","1.3","Advertising",[115],{"_type":12,"_key":25,"style":14,"markDefs":116,"children":117},[],[118],{"_type":18,"_key":29,"text":119,"marks":120},"The App is supported by advertising revenue. By using the App, you acknowledge and agree that we may display advertisements, promotional content, and marketing materials within the Services. We do not endorse any products or services advertised through the App and are not responsible for your interactions with advertisers.",[],{"id":122,"number":123,"title":124,"summary":-1,"blocks":125},"third-party-services","1.4","Third-Party Services",[126],{"_type":12,"_key":25,"style":14,"markDefs":127,"children":129},[128],{"_type":36,"_key":37,"href":41},[130,133,135],{"_type":18,"_key":29,"text":131,"marks":132},"The App uses third-party services for search, content, weather, analytics, and advertising. Your use of features powered by these services is subject to their respective terms and privacy policies. Shift is not responsible for the availability, accuracy, or practices of these third-party services. Additional information about how third-party services process personal information is available in our ",[],{"_type":18,"_key":47,"text":56,"marks":134},[37],{"_type":18,"_key":51,"text":136,"marks":137},".",[],{"id":139,"title":140,"summary":-1,"blocks":141,"subsections":148,"link":-1},"service-availability","Service Availability and Technical Requirements",[142],{"_type":12,"_key":25,"style":14,"markDefs":143,"children":144},[],[145],{"_type":18,"_key":29,"text":146,"marks":147},"The Services are provided on an “as is” and “as available” basis without guarantees of uninterrupted or error-free operation. Features that depend on third-party services may be affected by the availability and performance of those services. Temporary interruptions do not constitute a breach of these Terms. Shift is not liable for service interruptions caused by factors beyond its reasonable control.",[],[149,160,171,182],{"id":150,"number":151,"title":152,"summary":-1,"blocks":153},"modifications-to-services","2.1","Modifications to Services",[154],{"_type":12,"_key":25,"style":14,"markDefs":155,"children":156},[],[157],{"_type":18,"_key":29,"text":158,"marks":159},"Shift reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without prior notice. Your continued use of the Services after any modifications constitutes acceptance of such changes.",[],{"id":161,"number":162,"title":163,"summary":-1,"blocks":164},"modifications-to-terms","2.2","Modifications to Terms",[165],{"_type":12,"_key":25,"style":14,"markDefs":166,"children":167},[],[168],{"_type":18,"_key":29,"text":169,"marks":170},"We reserve the right to modify these Terms at any time. We will use reasonable efforts to notify you of material changes. Your continued use of the Services after any modifications constitutes acceptance of the modified Terms.",[],{"id":172,"number":173,"title":174,"summary":-1,"blocks":175},"service-access-restrictions","2.3","Service Access Restrictions",[176],{"_type":12,"_key":25,"style":14,"markDefs":177,"children":178},[],[179],{"_type":18,"_key":29,"text":180,"marks":181},"Shift reserves the right to restrict access to the App based on jurisdictional restrictions, regulatory requirements, sanctions, or other business or legal considerations at its sole discretion.",[],{"id":183,"number":184,"title":185,"summary":-1,"blocks":186},"distribution-and-access","2.4","Distribution and Access",[187],{"_type":12,"_key":25,"style":14,"markDefs":188,"children":189},[],[190],{"_type":18,"_key":29,"text":191,"marks":192},"The App is distributed through the Google Play Store. Your use of the Google Play Store is subject to its terms of service and privacy policy. Shift does not guarantee continuous availability through the Google Play Store and reserves the right to modify distribution methods at its sole discretion.",[],{"id":194,"title":195,"summary":-1,"blocks":196,"subsections":-1,"link":-1},"user-obligations","User Obligations and Prohibited Activities",[197],{"_type":12,"_key":25,"style":14,"markDefs":198,"children":199},[],[200],{"_type":18,"_key":29,"text":201,"marks":202},"By using the Services, you represent and warrant that you will comply with all applicable laws and regulations. You agree not to: (a) access the Services through automated means, bots, or scripts; (b) bypass, disable, or interfere with security features or access restrictions; (c) upload or transmit malicious code, viruses, or other harmful software; (d) disrupt, interfere with, or place excessive burden on the Services or connected networks; (e) use the Services for unlawful purposes or violate any applicable laws; (f) engage in deceptive, fraudulent, or misleading conduct; (g) extract data to assemble compilations or databases without written consent; or (h) use information from the Services to harass, abuse, or harm others.",[],{"id":204,"title":205,"summary":-1,"blocks":206,"subsections":-1,"link":213},"termination","Termination",[207],{"_type":12,"_key":25,"style":14,"markDefs":208,"children":209},[],[210],{"_type":18,"_key":29,"text":211,"marks":212},"You may stop using the Services at any time by uninstalling the App from your device. These Terms will continue to apply to any prior use of the Services. We may terminate your access to the Services without prior notice if you engage in activities that violate applicable laws, pose a threat to the security or operation of the Services, or materially breach these Terms. Upon termination your right to use the Services will cease immediately, and sections of these Terms that by their nature should survive termination will remain in effect, including intellectual property rights, limitation of liability, indemnification, and dispute resolution provisions.",[],{"to":214,"label":215},"\u002Funinstall","How to uninstall the launcher",{"id":217,"title":218,"summary":-1,"blocks":219,"subsections":-1,"link":-1},"privacy-and-data-protection","Privacy and Data Protection",[220],{"_type":12,"_key":25,"style":14,"markDefs":221,"children":223},[222],{"_type":36,"_key":37,"href":41},[224,227,229],{"_type":18,"_key":29,"text":225,"marks":226},"Your personal information will be processed in accordance with our ",[],{"_type":18,"_key":47,"text":56,"marks":228},[37],{"_type":18,"_key":51,"text":230,"marks":231},", which is incorporated into these Terms by reference and forms an integral part of this Agreement. By using the Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, disclosure, and processing of your personal information as described therein.",[],{"id":233,"title":234,"summary":-1,"blocks":235,"subsections":236,"link":-1},"intellectual-property","Intellectual Property",[],[237,248,259,270,281],{"id":238,"number":239,"title":240,"summary":-1,"blocks":241},"shift-intellectual-property-rights","6.1","Shift's Intellectual Property Rights",[242],{"_type":12,"_key":25,"style":14,"markDefs":243,"children":244},[],[245],{"_type":18,"_key":29,"text":246,"marks":247},"All intellectual property rights in and to the Services, including software, user interfaces, designs, graphics, logos, trademarks, copyrights, and related materials, remain the exclusive property of Shift or its licensors. No rights, title, or interest in any intellectual property are transferred to you through these Terms or your use of the Services.",[],{"id":249,"number":250,"title":251,"summary":-1,"blocks":252},"limited-license-to-users","6.2","Limited License to Users",[253],{"_type":12,"_key":25,"style":14,"markDefs":254,"children":255},[],[256],{"_type":18,"_key":29,"text":257,"marks":258},"Subject to your compliance with these Terms, Shift grants you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to download, install, and use the App on your personal device. This license does not permit you to sublicense, distribute, or make the App available to third parties.",[],{"id":260,"number":261,"title":262,"summary":-1,"blocks":263},"user-restrictions","6.3","User Restrictions",[264],{"_type":12,"_key":25,"style":14,"markDefs":265,"children":266},[],[267],{"_type":18,"_key":29,"text":268,"marks":269},"You may not, and may not permit others to: (a) reproduce, reverse-engineer, decompile, disassemble, modify, adapt, or create derivative works of any part of the Services; (b) distribute, sell, lease, rent, lend, or otherwise transfer the Services or any portion thereof; (c) remove, alter, or obscure any proprietary notices, labels, or marks on the Services; (d) use the Services to develop competing products or services; or (e) access the Services' source code or attempt to extract or derive the source code, except where expressly permitted by applicable law that cannot be waived by contract.",[],{"id":271,"number":272,"title":273,"summary":-1,"blocks":274},"feedback","6.4","Feedback",[275],{"_type":12,"_key":25,"style":14,"markDefs":276,"children":277},[],[278],{"_type":18,"_key":29,"text":279,"marks":280},"Any feedback, suggestions, ideas, or other information you provide to Shift regarding the Services (“Feedback”) will be deemed non-confidential and non-proprietary. You hereby assign to Shift all rights in such Feedback and agree that Shift may use and implement such Feedback without restriction or obligation to you.",[],{"id":282,"number":283,"title":284,"summary":-1,"blocks":285},"third-party-intellectual-property","6.5","Third-Party Intellectual Property",[286],{"_type":12,"_key":25,"style":14,"markDefs":287,"children":288},[],[289],{"_type":18,"_key":29,"text":290,"marks":291},"The Services may incorporate or provide access to third-party software, content, or services that are subject to separate intellectual property rights. Your use of such third-party materials is subject to the applicable third-party terms and conditions.",[],{"id":293,"title":294,"summary":-1,"blocks":295,"subsections":-1,"link":-1},"indemnification","Indemnification",[296],{"_type":12,"_key":25,"style":14,"markDefs":297,"children":298},[],[299],{"_type":18,"_key":29,"text":300,"marks":301},"You agree to indemnify and hold harmless Shift, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, damages, losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your breach of these Terms; (c) your violation of applicable laws or regulations while using the Services; (d) your infringement of any third party’s intellectual property rights, privacy rights, or other proprietary rights; or (e) any false, misleading, or defamatory statements you make about Shift or the Services.",[],{"id":303,"title":304,"summary":-1,"blocks":305,"subsections":-1,"link":-1},"limitation-of-liability","Limitation of Liability",[306],{"_type":12,"_key":25,"style":14,"markDefs":307,"children":308},[],[309],{"_type":18,"_key":29,"text":310,"marks":311},"To the fullest extent permitted by applicable law, Shift and its affiliates, officers, directors, employees, and agents are not liable for any indirect, incidental, special, exemplary, or consequential damages, including loss of use, data, or profits, arising out of or relating to your use of the Services. Shift’s total aggregate liability for all claims arising out of or relating to these Terms or the Services shall not exceed USD $100.",[],{"id":313,"title":314,"summary":-1,"blocks":315,"subsections":-1,"link":-1},"disclaimer-of-warranties","Disclaimer of Warranties",[316],{"_type":12,"_key":25,"style":14,"markDefs":317,"children":318},[],[319],{"_type":18,"_key":29,"text":320,"marks":321},"THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SHIFT DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SHIFT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.",[],{"id":323,"title":324,"summary":-1,"blocks":325,"subsections":-1,"link":-1},"governing-law","Governing Law and Dispute Resolution",[326],{"_type":12,"_key":25,"style":14,"markDefs":327,"children":328},[],[329],{"_type":18,"_key":29,"text":330,"marks":331},"This Agreement, and all claims related to it, or the performance by you and Shift under it, shall be governed exclusively by the laws of the Province of British Columbia and the laws of Canada applicable therein, except any principles regarding conflicts of law rules. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. You hereby irrevocably attorn and submit to the exclusive jurisdiction of the courts of British Columbia, and any competent Courts of Appeal therefrom with respect to all disputes arising out of or in connection with these Terms or in respect of any legal relationship associated with or derived from these Terms and expressly and irrevocably waive any defense of personal and\u002For subject matter jurisdiction in those courts and any claims on the grounds of inconvenient forum.",[],{"id":333,"title":334,"summary":-1,"blocks":335,"subsections":-1,"link":-1},"class-action-waiver","Class Action Waiver",[336],{"_type":12,"_key":25,"style":14,"markDefs":337,"children":338},[],[339],{"_type":18,"_key":29,"text":340,"marks":341},"YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST SHIFT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.",[],{"id":343,"title":344,"summary":-1,"blocks":345,"subsections":-1,"link":-1},"severability","Severability",[346],{"_type":12,"_key":25,"style":14,"markDefs":347,"children":348},[],[349],{"_type":18,"_key":29,"text":350,"marks":351},"If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms, and the remaining provisions shall continue in full force and effect.",[],{"id":353,"title":354,"summary":-1,"blocks":355,"subsections":-1,"link":-1},"no-waiver","No Waiver",[356],{"_type":12,"_key":25,"style":14,"markDefs":357,"children":358},[],[359],{"_type":18,"_key":29,"text":360,"marks":361},"No failure or delay in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof.",[],{"id":363,"title":364,"summary":-1,"blocks":365,"subsections":-1,"link":-1},"assignment","Assignment",[366],{"_type":12,"_key":25,"style":14,"markDefs":367,"children":368},[],[369],{"_type":18,"_key":29,"text":370,"marks":371},"You may not assign or transfer any of your rights or obligations under these Terms without Shift’s prior written consent. Shift may assign these Terms in their entirety, without your consent, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.",[],{"id":373,"title":374,"summary":-1,"blocks":375,"subsections":-1,"link":-1},"headings","Headings",[376],{"_type":12,"_key":25,"style":14,"markDefs":377,"children":378},[],[379],{"_type":18,"_key":29,"text":380,"marks":381},"The headings in these Terms are for convenience only and do not affect the meaning or interpretation of any provision.",[],{"id":383,"title":384,"summary":-1,"blocks":385,"subsections":-1,"link":-1},"entire-agreement","Entire Agreement",[386],{"_type":12,"_key":25,"style":14,"markDefs":387,"children":388},[],[389],{"_type":18,"_key":29,"text":390,"marks":391},"This Agreement constitutes the entire agreement between you and Shift regarding the Services and supersedes all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter hereof. 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