Last Updated: January 22, 2026

Welcome, and thank you for your interest in the Scratch Foundation and associated entities (“Scratch Team,” “we,” or “us”), our websites at scratch.mit.edu, scratch.org, and related websites, hosted applications, downloadable applications, and related offerings (collectively, the “Service”). These Terms of Service are a legally binding contract between you and us regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR ACCESS TO AND USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THESE TERMS OF SERVICE, INCLUDING THE SCRATCH TEAM’S PRIVACY POLICY AND OTHER APPLICABLE PRIVACY POLICIES MADE ACCESSIBLE ON THE SCRATCH SITE OR SERVICE YOU ACCESS (COLLECTIVELY, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND OUR PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY THE SCRATCH TEAM AND BY YOU TO BE BOUND BY THESE TERMS.

Note that the Massachusetts Institute of Technology (“MIT”) is not a party to these Terms and has no affiliation with the Scratch Team other than as a service provider for web hosting purposes.  

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND THE SCRATCH TEAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Scratch Service Overview. Scratch Team provides a coding community for children and a coding language with a simple visual interface that allows young people to create digital stories, games, animations, and other content. The Service is designed, developed, and moderated by the Scratch Foundation, a nonprofit organization. The Service includes, but is not limited to, the following websites and offerings:

   1. the main Scratch website at https://www.scratch.mit.edu/ (the “Site”), including the Scratch editor and all associated features and offerings;

   2. the Scratch applications, whether downloaded from the Site, an app store, or elsewhere, and all associated features;

   3. the affiliated websites, hosted together at https://www.scratch.org;

   4. the ScratchJr websites, including at https://www.scratchjr.org/, and the ScratchJr Connect and ScratchJr mobile applications;

   5. the Scratch Foundation website at https://www.scratchfoundation.org/; and

   6. the Scratch Shop at https://shop.scratchfoundation.org/.

2. Eligibility. If you are under the age of 18 (a “Minor User”), you may not use the Service unless a parent or legal guardian (a “Guardian”) first agrees to these Terms on your behalf. By using the Service and agreeing to the Terms, you represent and warrant to us that: (a) you are at least 18 years of age or have been authorized to use the Service by your Guardian who is at least 18 years of age and entered into these Terms on your behalf; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. Guardians agreeing to these Terms on behalf of a Minor User agree to supervise the Minor User’s use of the Service and take full responsibility for the Minor User’s compliance with these Terms. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration. To access certain features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your email address, username, password, and other information, including as outlined in the Privacy Policy. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at help@scratch.org.

4. General Payment Terms. Certain features of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars; provided, however, donations (described in Sections 4.3 and 4.4) may also be accepted in other currencies, including cryptocurrencies, as allowed by our third-party tool. Fees and donations are non-refundable unless otherwise specifically provided for in these Terms. You acknowledge and agree that we may generate revenues (including from donations), increase goodwill or otherwise increase the value of Scratch from your use of the Service, and you will have no right to share in any such revenue, goodwill, or value. 

   1. Price. We reserve the right to determine pricing of the products and services made available through the Service. We will make reasonable efforts to keep pricing information published on the Service up to date.

   2. Authorization. You authorize us to charge all sums for the orders that you make through the Service as described in these Terms or published by us, including all applicable taxes, to the payment method specified in your account or that you otherwise input. If you pay any fees with a credit card, then we may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

   3. Donations. You may support what we do by making donations. Before you donate any amounts, you will have an opportunity to review and accept the amounts that you will be charged. The terms contained in this Section 4 apply to any such donations. For more information on how you can donate, please visit https://www.scratch.org/donate.

   4. Recurring Donations. You may also sign up to donate periodically, which may include automatically recurring payments (“Recurring Donation”). The “Donation Billing Date” is the date when you first sign up for a Recurring Donation. A Recurring Donation will begin on the Donation Billing Date and continue for the period that you select (such period, the “Initial Donation Period”) and will automatically renew for immediately successive periods of the same duration as the Initial Donation Period (the Initial Donation Period and each such renewal period, each a “Donation Period”) unless you cancel the Recurring Donation or we terminate it. If you sign up for a Recurring Donation, you authorize us or our third-party payment processor to periodically charge, on a going-forward basis and until cancellation of the Recurring Donation, all applicable sums to the payment method you provided to us. Your account will be charged automatically on the Donation Billing Date and periodically thereafter (in accordance with the billing frequency corresponding to the Recurring Donation that you have signed up for) for all applicable amounts for the next Donation Period. You may cancel a Recurring Donation at any time to avoid billing of the next periodic donation to your account. You may cancel the Recurring Donation by contacting us at donate@scratch.org.

5. Merchandise

   1. Merchandise. We may offer merchandise, physical or digital goods or services (collectively, “Merchandise”) for sale on the Service. The price for Merchandise will be displayed at the point of purchase. You will be responsible for the payment of any Merchandise purchased by you, as well as any shipping costs, taxes or other fees associated with Merchandise. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Merchandise sold or offered for sale.

   2. Currency. All charges and payments for Merchandise will be made in U.S. Dollars unless otherwise specified. Currency exchange settlements and foreign transaction fees are based on your agreement with your credit card, debit card or other payment method provider.

   3. Orders. All purchases of Merchandise made through the Service will be confirmed by an e-mail sent to the e-mail address affiliated with your account or the e-mail address provided at the time of purchase. If you have any questions regarding any purchase confirmation you receive, please direct your questions to help@scratch.org.

   4. Shipment. We will arrange for shipment of Merchandise sold by us to you at the address set forth in any order information you provide to us. Please check the individual order pages for specific delivery options. We cannot currently ship Merchandise to locations outside of the continental United States.

   5. Taxes. We charge taxes as required by applicable law.  However, when you are a buyer of Merchandise, you are solely responsible for the payment of any additional taxes and fees that may be due arising out of such transaction to the extent not collected by us. You agree to indemnify and hold the Scratch Team harmless from any claims by any taxing authority arising out of your purchase of Merchandise on or through the Service.

   6. Refunds and Exchanges. ALL SALES OF MERCHANDISE FROM THE SERVICE ARE FINAL, and we do not offer refunds for any purchased Merchandise. If the Merchandise you purchased is misprinted, damaged, or defective, then in order to be eligible to exchange the Merchandise, you must submit a claim to us by sending an email to help@scratch.org within four weeks from the date of receipt of the Merchandise. If you do not receive your purchased Merchandise and believe it was lost in transit, then in order to be eligible to receive replacement Merchandise, you must submit a claim to us by sending an email to help@scratch.org within four weeks of the estimated delivery date. We are not obligated to provide you with any exchanges or replacement merchandise if you fail to comply with the timing requirements set forth in this Section 5.6.

   7. Cancellation of Payments and Purchases. Payments and purchases may not be canceled by you, except as required by law. However, we reserve the right to refuse or terminate any purchase or attempted purchase at any time in our sole discretion. You understand and agree that if you authorize a payment transaction with your credit card, debit card or other payment method, but your charge is rejected for any reason, there may be a hold on your use of that transaction amount for several days.

   8. Disputed Charges. NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT OR CREDIT CARDS FOR PURCHASES THROUGH THE SERVICE IN WRITING TO US WITHIN 60 DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.

6. Service License

   1. Limited License. Subject to your complete and ongoing compliance with these Terms, we grant you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any downloadable software (including mobile applications) offered by us associated with the Service; and (b) access and use the Service, in each case other than Scratch Materials, Scratch Team Marks, and Support Materials, which are licensed solely as specified in Section 7.

   2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law or as expressly permitted under these Terms, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

7. Scratch Materials and Licensing

   1. Scratch Materials. As between you and the Scratch Team, the Scratch Team owns and retains all rights in and to the Scratch code and the visual interfaces, graphics, design, compilation, computer code, products, software services, and all other copyrightable elements of the Service (collectively, the “Scratch Materials”) and Scratch Team Marks (defined below). All Scratch Materials are the property of the Scratch Team or its third-party licensors. The source code for the Scratch editor and ScratchJr editor is available for download and subject to the GNU Affero General Public License Version 3, 19 November 2007 (the “AGPLv3”). The AGPLv3 requires you to attribute any material you use to the original author. When you use source code of Scratch or ScratchJr, please use the following attribution: “Scratch is developed by the Scratch Foundation and its partners and affiliates. See https://scratch.org/.” Except as expressly authorized in Sections 7.2 and 7.3 or as permitted by law, you may not make use of the Scratch Materials or the Scratch Team Marks for any purpose. There are no implied licenses in these Terms and the Scratch Team reserves all rights to the Scratch Materials and the Scratch Team Marks not granted expressly in these Terms. Except as expressly set forth in these Terms, the AGPLv3 does not apply to Scratch Materials or Scratch Team Marks.

   2. Support Materials. The Service includes images, sounds, video, and sample code to help users build projects, including screenshots or other depictions of your use of the Service incorporating such materials (“Support Materials”). Notwithstanding any other license granted to you herein, your use of any Support Materials will be governed by the applicable license for such materials (e.g., AGPLv3, CC BY-SA, or other license(s) as reasonably indicated by Scratch), and you are required to comply with your obligations thereunder. For attributing authorship to the Scratch Foundation, please use the following: “Scratch is developed by the Scratch Foundation and its partners and affiliates. See https://scratchfoundation.org.”

   3. Scratch Team Marks. You may not use any tradenames, trademarks, logos, or other marks owned or controlled by the Scratch Team, including, but not limited to, the Scratch Cat, the Scratch logo, ScratchJr, Giga, Nano, Pico, Terra, Milli, and Zepto (collectively, the “Scratch Team Marks”) except solely for your personal, educational, and non-commercial purposes in direct connection with your use of the Service to create and share Scratch projects as otherwise permitted herein. Any commercial use of the Scratch Team Marks will be subject to the terms of a separate license agreement negotiated between you and the Scratch Team, if any, provided that the Scratch Team is not obligated to grant any rights or licenses for any commercial use and may deny a license request for any or no reason in the Scratch Team’s sole discretion. You acknowledge that we are the sole owner of the Scratch Team Marks and any and all goodwill associated therewith. You agree that you will not do anything inconsistent with such ownership and that all use by you of the Scratch Team Marks will inure to the benefit of the Scratch Team. You agree further that nothing in these Terms will be construed as granting to you any right, title or interest in the Scratch Team Marks, other than the right to use the Scratch Team Marks as expressly provided in these Terms. You agree that you will not contest, oppose, or challenge our ownership of or title to the Scratch Team Marks or contest, oppose or challenge the validity of the Scratch Team Marks. You further agree that you have no power or right to and will not during the term of these Terms or thereafter contest, oppose or challenge the title or any rights of the Scratch Team in or to the Scratch Team Marks, alone or with other elements; claim any right, title, or interest in or to the Scratch Team Marks, alone or with other elements adverse to the Scratch Team; or register or apply for registration of the Scratch Team Marks anywhere, alone or with other elements. You agree that your use of any Scratch Team Marks permitted under these Terms or pursuant to any separate license will comply with any guidelines provided by Scratch to you. You agree that you will cease all uses of Scratch Team Marks immediately upon the Scratch Team’s request that you cease such uses and the Scratch Team will have no liability to you for your being required to cease such use.  You hereby assign and will assign in the future to us all rights you may acquire by operation of law or otherwise in the Scratch Team Marks, including all applications or registrations therefor, along with the goodwill associated therewith.

8. User Content

   1. User Content Generally. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to the Service, including projects, messages, comments, forum posts, links to third party websites, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms. You acknowledge and agree that to the extent User Content uses or incorporates any Scratch Materials or related intellectual property, such User Content is Scratch Materials. If you use the Service to create Output (as defined below), all such Output is deemed to be your User Content and is included in the licenses granted under Section 8.2. 

   2. Limited License Grant. By Posting User Content to or via the Service, to the maximum extent of your rights to do so, including under applicable law, you hereby grant: (a) other users of the Service a non-exclusive license to use, reproduce, modify, and create derivative works of such User Content solely for personal use within the Service and subject to these Terms; and (b) us a non-exclusive, perpetual, irrevocable, royalty-free license (with the right to grant and authorize sublicenses) to publicly display, publicly perform (including by means of a digital audio transmission), reproduce, distribute, create derivative works of, and otherwise use and exploit the User Content to provide the Service, for internal business purposes, to advertise, market, and promote the service, and to otherwise improve our products and services and create new products and services, including through the training of AI models. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from our exercise of the license set forth in this Section.

   3. Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Service, TikTok, Snap, Facebook, Instagram, and Twitter/X, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.

   4. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to us and other users. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with us. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant us or other users the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Service is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Service that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Service, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Service.

   5. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content, including in all ambient music and underlying musical works embodied in any sound recording. The Scratch Team disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that:

      1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize us and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by us, the Service, and these Terms;

      2. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) contain or cause the Scratch Team to handle or process any personal, health, financial, or other sensitive information; or (iv) cause the Scratch Team to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and

      3. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.

   6. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, the Scratch Team does not permit infringing activities on the Service. User Content you submit to the Service to create AI-generated outputs is referred to as “Input”.

   7. Monitoring Content. We do not control and do not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that the Scratch Team reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time we choose to monitor the content, then we still assume no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). We may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service at any time without any liability to the user who Posted such User Content to the Service or to any other users of the Service. You are solely responsible for retaining copies of any User Content you Post to the Service. 

   8. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

   9. Inputs; Outputs. The Service may permit users to Submit Input to the Service in order to generate responses, images, recommended software edits, or other AI-generated output (“Output”). “Output” and “Input” are collectively “AI Content”. Output does not include any Other Users’ Content (as defined below) recommended, displayed, or otherwise made available to you by any search or AI-enabled features of the Service. You are solely responsible for verifying the accuracy and relevance of any Output. You acknowledge that Outputs do not constitute any kind of investment, legal, medical or professional advice and should not be relied upon, as they may be false, incomplete, misleading or not reflective of recent events or information. You further acknowledge that Output may contain content inconsistent with our views. As between you and Scratch, you own all Output. By submitting Input to or via the Service, and by using the Service to generate Output, you grant Scratch a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to store, reproduce, publicly display, publicly perform (including by means of a digital audio transmission), create derivative works of, distribute, and otherwise use and exploit your AI Content, in whole or in part, for the purpose of providing, developing, improving, and extending the Service and for commercial purposes, which may include (but not be limited to) licensing, developing, and improving AI models and allowing third parties to do so for free or for a fee. You must not submit Input that (i) contains personal data or is personally identifiable, or (ii) causes Scratch to violate any law or regulation, or violates any applicable third-party agreements or policies.

   10. Other Users’ Content. The Service may permit users to access User Content Posted by other users (“Other Users’ Content”) in order to create new or modified projects or other content based upon such Other Users’ Content (referred to herein as “Remixing” or “Remixes”). Any use of Other Users’ Content is subject to the terms of the license granted under Section 8.2(a). 

9. Third-Party Terms

   1. Third-Party Services and Linked Websites. The Scratch Team may provide tools through the Service that enable you to export information, including User Content, to third-party services. By using one of these tools, you hereby authorize us to transfer that information to the applicable third-party service. Third-party services are not under the Scratch Team’s control, and, to the fullest extent permitted by law, we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under the Scratch Team’s control, and we are not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, the Scratch Team will have no control over the information that has been shared.

   2. Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

10. Communications. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

11. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

    1. use the Service for any illegal purpose or in violation of any local, state, national, or international law;

    2. use the Service in any way that promotes bigotry, discrimination, hatred, or violence against any individual or group;

    3. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service;

    4. use the Service in any way that contains foul language, personal attacks, or sexually explicit or graphically violent material;

    5. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

    6. access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by the Scratch Team;

    7. interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

    8. interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

    9. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission, or falsifying your age or date of birth;

    10. other than as required (at our discretion) for account setup, maintenance, or administrative purposes, Post any User Content which could reasonably be used to identify you or another individual, including full name, location, phone number, and any photographic, biometric, medical, financial, or other sensitive information pertaining to you or another individual;

    11. sell or otherwise transfer the access granted under these Terms or any Scratch Materials or any right or ability to view, access, or use any Scratch Materials; 

    12. attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11;

    13. automatically or programmatically extract any data of the Service, including Output;

    14. represent that Output was human-generated when it was not; or

    15. use the Service or any Output to develop or train any AI or machine learning model.

12. Intellectual Property Rights Protection

    1. Respect of Third-Party Rights. The Scratch Team respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. The Scratch Team will not tolerate infringing activity on or through the Service. For more information on infringement complaints, please see the Scratch DMCA Policy.

    2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Service, please email copyright@scratch.org, or mail your complaint to our Designated Agent at the following address:

Mark Ferrell
Scratch Foundation
459 Columbus Avenue Unit #1112
C/O Maria Janelli
New York, NY 10024
Phone: 8572335422
Email: copyright@scratch.org

3. Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:

   1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

   2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;

   3. a description of the material that you claim is infringing and where it is located on the Service;

   4. your address, telephone number, and email address;

   5. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and

   6. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.

Your Notification of Claimed Infringement may be shared by the Scratch Team with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to the Scratch Team making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

4. Repeat Infringers. The Scratch Team’s policy is to: (a) remove or disable access to material that the Scratch Team believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes on other people’s copyright or other intellectual property rights. The Scratch Team reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

5. Counter Notification. If you receive a notification from us that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide us with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to the Scratch Team’s Designated Agent through one of the methods identified in Section 12.2, and include substantially the following information:

   1. your physical or electronic signature (or that of your parent or legal guardian if you are under 18);

   2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

   3. a statement under penalty of perjury that you (or your parent or legal guardian if you are under 18) have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

   4. your name, address, and telephone number (or that of your parent or legal guardian if you are under 18), and a statement that you (or your parent or legal guardian if you are under 18) consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which the Scratch Team may be found, and that you (or your parent or legal guardian if you are under 18) will accept service of process from the person who provided notification under Section 12.2 above or an agent of that person.

6. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

7. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to us in response to a Notification of Claimed Infringement, then we will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that we will replace the removed User Content or cease disabling access to it in 10 business days, and we will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless our Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Scratch Team’s system or network.

8. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [the Scratch Team] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” The Scratch Team reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

13. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 13, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

14. Term, Termination, and Modification of the Service

    1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2.

    2. Termination. The Scratch Team may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time through your account settings or by contacting us at help@scratch.org.

    3. Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; and (c) Sections 7.1, 8.2, 8.3, 8.8, 9, 14.3, 15, 16, 17, 18, and 19 will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification. For information about termination of rights granted under Section 8.2, see the AGPLv3.

    4. Modification of the Service. We reserve the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. We will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

15. Indemnity. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify the Scratch Team, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Scratch Team Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (4) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

16. Disclaimers; No Warranties by the Scratch Team

    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THE SCRATCH TEAM DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE SCRATCH TEAM DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND THE SCRATCH TEAM DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR THE SCRATCH TEAM ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE SCRATCH TEAM ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.ANY USE OF OUTPUT IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOURCE OF TECHNICAL ADVICE, FACTUAL INFORMATION. NO INFORMATION AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING SCRATCH OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT PORTIONS OF THE SERVICE RELY ON MACHINE LEARNING OR GENERATIVE AI WHICH, BY NATURE, PRODUCES OUTPUTS THAT ARE BASED ON PROBALISTIC REASONING AND THEREFORE MAY NOT ALWAYS BE ACCURATE, COMPLETE, RELEVANT, USEFUL, OR ERROR FREE.

    3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 16 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. The Scratch Team does not disclaim any warranty or other right that we are prohibited from disclaiming under applicable law.

17. Limitation of Liability

    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE SCRATCH TEAM ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SCRATCH TEAM ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

    2. EXCEPT AS PROVIDED IN SECTIONS 19.5 AND 19.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SCRATCH TEAM ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO US FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

    3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18. Dispute Resolution and Arbitration

    1. Generally. Except as described in Section 18.2 and 18.3, you and the Scratch Team agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE SCRATCH TEAM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

2. Exceptions. Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to The Scratch Foundation, Attention: Legal Department – Arbitration Opt-Out, 459 Columbus Avenue Unit #1112, New York, NY 10024 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once the Scratch Team receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 18.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

4. Arbitrator. This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting the Scratch Team.

5. Commencing Arbitration. Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Scratch Team’s address for Notice is: The Scratch Foundation, 459 Columbus Avenue Unit #1112, New York, NY 10024. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Scratch Team may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, the Scratch Team will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Scratch Team has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

6. Arbitration Proceedings. Any arbitration hearing will take place in the county and state of your residence unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence. During the arbitration, the amount of any settlement offer made by you or the Scratch Team must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

7. Arbitration Relief. Except as provided in Section 19.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by the Scratch Team before an arbitrator was selected, we will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

8. No Class Actions. YOU AND THE SCRATCH TEAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Scratch Team agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

9. Modifications to this Arbitration Provision. If the Scratch Team makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to the Scratch Team’s address for Notice of Arbitration, in which case your account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.

10. Enforceability. If Section 18.8 or the entirety of this Section 18 is found to be unenforceable, or if the Scratch Team receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.2 will govern any action arising out of or related to these Terms.

19. Miscellaneous

    1. General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Scratch Team regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

    2. Governing Law. These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and the Scratch Team submit to the personal and exclusive jurisdiction of the state courts and federal courts located within New Castle County, Delaware, for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Massachusetts, and we make no representation that materials included in the Service are appropriate or available for use in other locations.

    3. Privacy Policy. Please read the Scratch Privacy Policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

    4. Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

    5. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

    6. Contact Information. The Service is offered by the Scratch Foundation, located at 459 Columbus Avenue Unit #1112, New York, NY 10024. You may contact us by sending correspondence to that address or by emailing us at help@scratch.org.

    7. Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

    8. No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

    9. International Use. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

20. Notice Regarding Apple. This Section 20 only applies to the extent you are using our mobile application on an iOS or macOS device. You acknowledge that these Terms are between you and the Scratch Team only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.