The Undeniable Project LLC Terms of Service

Last Updated: October 1, 2026

These Terms of Service (the “Terms”) apply to the products and services of The Undeniable Project LLC, (“the Undeniable Project”) including our websites, social media pages, software applications, and other online services (collectively, the “Services”).

The Undeniable Project is mental skills training not therapy. You must be 13 years or older to access the app.

1. Agreement to Terms

Please read these Terms carefully. By accessing or using the Services, you acknowledge that you have read these Terms, that these Terms govern your use of the Services, and that you agree to them. By agreeing to these Terms, you and The Undeniable Project will, as described in section 16 below, be required to resolve most disputes with each other solely on an individual basis through arbitration where permitted by applicable law and not with a jury trial or as a class arbitration, class action, or any other kind of representative or court proceeding. If you do not agree to be bound by these Terms, please do not use the Services.

2. Additional Terms

We may also have different or additional terms in relation to some of the Services. Unless we say otherwise in those terms, those terms supplement and are part of these Terms and will control to the extent there is a conflict with these Terms.

3. What The Undeniable Project is (and isn’t)

The Undeniable project is a mental skills performance app for athletes. Its focus is sports related mental performance skills, routines, confidence building, focus, breathing, visualization, and composure under pressure. The Undeniable Project is not, however, mental health guidance or therapy. The app is not a mental health service, nor does it provide diagnosis or treatment for mental health conditions. The app is in no way a substitute for care or advise from a licensed mental health professional. If you are struggling with mental health issues, talk to a parent, coach, therapist, counselor or doctor. In a crisis, contact your local emergency number or the 988 Suicide & Crisis Lifeline (in the US, call or text 988).

4. Use of the Service

Eligibility: You must be 13 years or older to use the Services. If you are under the age of 18 where you live, you may only use the Services if your parent or guardian agrees to our Terms. Please read these Terms with them.

If you are a parent or legal guardian of a user under the age of 18 where you live, you are subject to these Terms and responsible for your child’s activity on the Services. The parent/guardian is responsible for the payment of all obligations incurred as a result of the child signing up for the Services.

To use the Services, you must register for an account. The account is for you personally. Do not share your account or let others use it. You must provide accurate account information, keep this information updated, and maintain the security of your account. Notify us immediately by email at support@undeniableproject.com of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur in connection with your account to the extent permitted by applicable law. You agree not to create an account if we have previously removed you or your account from any of the Services, unless we expressly agree otherwise.

5. Payments Terms

Payment Method: If you purchase a subscription or merchandise through the app, you must provide an accurate and up-to-date payment method acceptable to us. You authorize The Undeniable Project to charge any purchase to your designated payment method, including the then-current price plus any applicable taxes and fees specified. No transaction is binding on The Undeniable Project until accepted and confirmed by The Undeniable Project. We may update your stored payment method using information provided by our payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s). You are responsible for any additional charges that your payment method provider charges.

Cancellations and Disputes: If you have any concerns regarding any transactions through the Services, you must raise them with us first and not cancel or reverse charges through your payment method provider unless you have made a reasonable attempt to resolve the matter directly with us or otherwise as provided by applicable law. The Undeniable Project reserves the right to verify your identity or request more information in connection with your purchases, and not to process or to cancel purchase requests, including if we suspect fraud or if your payment method is declined.

Refunds: You will not have the right to receive a refund for any amounts paid to us unless otherwise required by applicable law.

Future Functionality: Your purchases are not contingent on the delivery of any current or future functionality, content, results or features, or dependent on any oral or written public comments made by The Undeniable Project regarding such functionality or features.

6. Subscriptions, payment and access codes

You are purchasing a one-year subscription to The Undeniable Project through the Apple App Store of Google Play. Once the one-year period comes to an end, your subscription automatically terminates and you will no longer have access to the app or its contents. The price of the subscription, the terms and what is included are all shown at the time of purchase.

Another method for signing up for the app is through your team, club or school. In that situation your team, club or school would buy prepaid access codes. A code grants access for the period stated from issuance, has a limited number of subscriptions and can only be redeemed once per account. The organization who purchased the Code will not have access to information within the app and cannot see your content on the app.

7. Your Content

What you write in the app through your journal entries, reflections, plans and affirmations, is yours. You give us only the limited, non-exclusive license needed to host, store, backup, and display it back to you as part of the Service. The information stays private to your account. The other users cannot see it. We don’t publish it, share it, or use it to train AI models, and we don’t access it except where necessary to resolve support requests you make or to comply with a legal obligation. You can delete your information or your whole account at any time. As a reminder, you are responsible for what you write: don’t store content that is unlawful or that you don’t have the right to use.

8. Services and User Content Rights

The Undeniable Project Services Ownership. Subject to the limited license rights granted under these Terms, The Undeniable Project owns all right, title, and interest in and to the Services, including all text, graphics, images, audio, video, session scripts, exercises, artwork, the Undeniable brand or other materials made available via the Services, and all associated intellectual property rights. You acknowledge that the Services are protected by intellectual property rights and other laws of the U.S. and foreign countries. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any part of the Services. You will not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Services, except as necessary for your permitted use of the Services.

Limited License Granted by The Undeniable Project. Subject to your compliance with these Terms, The Undeniable Project grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Services solely for your personal, non-commercial purposes. Further, The Undeniable Project grants you a limited non-exclusive, non-transferable, and non-sublicensable license to download and install a copy of any mobile app we distribute through an App Store or Google Play on a mobile device that you own or control. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein, and will violate our intellectual property rights. Subject to your mobile device configurations, you authorize us to automatically install updates to any of our mobile apps.

User Content Ownership. The Undeniable Project does not claim any ownership rights in any messages, images, text, or other content posted through the Services by our users, including any content you post to social media platforms that tag The Undeniable Project account or that uses a hashtag incorporating The Undeniable Project trademark (collectively, “User Content”).

7. Third-Party Content

The Services may contain information about, and links to, third-party products, services, websites, resources, activities, or events, and we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content only as a convenience and do not control or endorse, and make no representations or warranties regarding, any Third-Party Content. To the extent permitted by applicable laws, you acknowledge sole responsibility for, and assume all risk arising from, your access to and use of such Third-Party Content.

The app runs on third-party platforms and services (such as Apple, Google and our hosting and streaming providers). Their terms apply to your use of their platforms (e.g. Apple Media Services terms, Google Play terms). We are not responsible for third-party services we do not control.

8. Prohibitions on User Content and Conduct

You are solely responsible for your User Content and conduct while using the Services, and will not do any of the following:

a. Post, upload, create, publish, store, submit, transmit, or otherwise share any User Content that: (i) is confidential and for which you do not have all necessary rights to disclose; (ii) may or does infringe, misappropriate, or violate a third-party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, these Terms, the rights of any party, or otherwise create liability or violate any applicable local, state, national, or international law or regulation or would give rise to civil or criminal liability; (iv) is fraudulent, false, misleading, or deceptive; (v) impersonates or misrepresents your affiliation with, any person or entity or contains or depicts any statements, remarks, or claims that do not reflect your honest views and experiences; (vi) is defamatory, obscene, pornographic, vulgar, offensive, unlawful, libelous, indecent, lewd, suggestive, abusive, or inflammatory; (vii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (viii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (ix) promotes illegal or harmful activities or substances; (x) contains any unsolicited or unauthorized promotions, political campaigning, advertising, or solicitations; (xi) contains any viruses, corrupted data, or otherharmful, disruptive, or destructive files or content; or (xii) in our sole judgment, is objectionable, restricts, or inhibits any other person from using or enjoying the Services, or may expose The Undeniable Project or others to any harm or liability of any type;

b. Copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services, The Undeniable Project’s name, The Undeniable Project trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from The Undeniable Project;

c. Modify the Services, remove any proprietary rights notices, or markings, or otherwise make any derivative works based upon the Services;

d. Use the Services other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;

e. Develop or use any applications that interact with the Services without our prior written consent;

f. Avoid, bypass, ignore, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by The Undeniable Project or any of The Undeniable Project’s providers or any other third-party (including another user) to protect the Services;

g. Attempt to access or search the Services, scrape, or extract data or other content from the Services, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by The Undeniable Project or as permitted by our robot.txt file;

h. Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, or do anything that might discover source code;

i. Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

j. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

k. Resell, sub-license or commercially exploit access to your account, including sharing team codes outside of the team and players they were issued to;

l. Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

m. Use or attempt to use another user’s account without authorization from that user and The Undeniable Project; or

n. Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, we reserve the right, but are not obligated, to enforce this section by removing or disabling access to any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any User Content to be in violation of these Terms. Our failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

10. Trademarks

The Undeniable Project’s trademarks, including but not limited to The Undeniable Project’s other logos, product and service names, slogans, and the look and feel of the Services may not be copied, imitated or used, in whole or in part, without The Undeniable Project’s prior written permission. The absence of a trademark from this list does not constitute a waiver of The Undeniable Project’s trademark or other intellectual property rights concerning that trademark. All third-party trademarks mentioned on the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by The Undeniable Project.

11. Termination

We may terminate your access to and use of the Services or your account if you violate these Terms, in our sole discretion without notice to you and to the extent permitted by applicable law. We may terminate your subscription if your The Undeniable Project subscription was obtained through an organization if you are no longer eligible for a subscription based on the terms of our agreement with your organization. We may terminate The Undeniable Project subscription if your The Undeniable Project subscription was obtained through a third-party promotion and you no longer meet the eligibility requirements for that offer.

You may delete your account at any time from within the app, at Settings → Delete Account. You may also contact us at support@undeniableproject.com and we will delete it for you. Deleting your account removes your account data from our systems, including your journal entries, reflections, plans and affirmations, and the app clears the copy it keeps on your device. Deletion is permanent and we cannot restore deleted content. Deleting your account does not cancel any remaining payment obligation, and Apple or Google may retain their own payment records, which we cannot delete.

Upon any termination, discontinuation, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

12. Warranty Disclaimers

Your use of the Services is at your sole risk. Except as otherwise provided in writing by us and to the extent permitted by applicable laws, the Services are provided “as is” and “as available” without warranties of any kind, express or implied. Without limiting the foregoing, we explicitly disclaim any warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section may not apply to you.

We make no representation or warranty that the Services will meet your requirements or be available on an uninterrupted or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any of the Services. You assume the entire risk as to the quality and performance of the Services to the extent permitted by applicable law.

13. Medical Disclaimers

a. The Services are provided for informational purposes only and are not intended, designed, or implied to diagnose, prevent, or treat any condition or disease, including mental health issues, or to be a substitute for professional medical care;

b. The Undeniable Project is not a licensed medical care provider and does not engage in, and has no expertise in, diagnosing, examining, or treating medical conditions of any kind, including mental health issues, or in prescribing treatments or determining the effect of any specific treatment on a medical condition;

c. The Undeniable Project does not provide emergency services and is not obligated to contact you or anyone on your behalf with respect to your medical condition or treatment;

d. The Undeniable Project is not responsible for the accuracy, reliability, effectiveness, or correct use of any of the Services;

e. You should always consult a medical professional if you have any questions regarding a medical condition or mental health condition; and

f. You should never disregard professional medical advice or delay in seeking it because of something you have read or received using the Services.

You are solely responsible for your use of the Services.

14. Indemnity

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless The Undeniable Project and its officers, directors, partners, employees, and agents (individually and collectively, the “The Undeniable Project Parties”), from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees (“Claims”), arising out of or in any way connected with: (a) your access to or use of the Services; (b) your User Content or feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services.

You will promptly notify the The Undeniable Project Parties of any third-party Claims, cooperate with the The Undeniable Project Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that The Undeniable Project Parties will have control of the defense or settlement, at The Undeniable Project’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and The Undeniable Project or the other The Undeniable Project Parties.

15. Limitation of Liability

To the fullest extent permitted by applicable law, neither The Undeniable Project nor any other party involved in creating, producing, or delivering the Services will be liable for any incidental, special, exemplary, or consequential damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure, or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not The Undeniable Project has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Unless such limits are prohibited by applicable law, in no event will The Undeniable Project ’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services exceed the greater of: (a) the amounts you have paid to The Undeniable Project for use of the Services; or (b) fifty U.S. dollars (US$50), whichever is greater. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between The Undeniable Project and you.

16. Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY BECAUSE, UNLESS YOU OPT OUT, IT REQUIRES YOU AND THE UNDENIABLE PROJECT TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND THE UNDENIABLE PROJECT FROM SUING IN COURT. YOU AND THE UNDENIABLE PROJECT AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, including any claims related to privacy or data security (collectively, “Disputes”) will be settled by binding arbitration, except that each Party retains the right:

(a) to bring an individual action in small claims court; and

(b) to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. For clarity, subject to the terms of this section 16, this agreement to arbitrate also applies to Disputes based on events or activities that occurred prior to the Last Updated date indicated at the top of these Terms.

These Terms affect interstate commerce, and the enforceability of this section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.

1. Initiating an Arbitration

Before either party brings an arbitration action, it will first attempt to resolve the Dispute informally via the following process.

If you assert a Dispute against The Undeniable Project, you will first contact The Undeniable Project by sending a written notice of your Dispute to The Undeniable Project by certified mail addressed to The Undeniable Project, 1001 N. Central Ave 7th Floor, Phoenix AZ 85004 or by email to support@undeniableproject.com.

Your notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If The Undeniable Project asserts a Dispute against you, The Undeniable Project will first contact you by sending a written notice of The Undeniable Project’s Dispute to you via email to the primary email address associated with your account. The Undeniable Project ’s notice must (i) include the name of a The Undeniable Project contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by you or The Undeniable Project (a “Notice”).

If you and The Undeniable Project cannot reach an agreement to resolve the Dispute within thirty (30) days after you or The Undeniable Project receives such a Notice, then either party may submit the Dispute to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or The Undeniable Project first send the applicable Notice, so that the Parties can engage in this informal dispute-resolution process.

2. Arbitration Rules

The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules & Procedures and the Expedited Procedures, which are available on JAMS’ website (jamsadr.com). The applicable arbitration rules are amended by these Terms as follows:

YOU AND THE UNDENIABLE PROJECT AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND THE UNDENIABLE PROJECT ARE AGREEING TO GIVE UP

THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against The Undeniable Project or you by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

(i) For any arbitration you initiate, you will pay the consumer filing fee and The Undeniable Project will pay the remaining JAMS fees and costs. For any arbitration initiated by The Undeniable Project, The Undeniable Project will pay all JAMS fees and costs.

(ii) For all arbitrations where the Disputes asserted are for $25,000 or less, the arbitration shall be resolved by the submission of arbitration briefs alone and without the presentation of live witness testimony, and for all other arbitrations the following procedure will apply: (A) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate;

(iii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (C) if the parties are unable to agree on a location, such determination should be made by the JAMS or by the arbitrator.

(iv) If you or The Undeniable Project submits a dispute to arbitration and the arbitrator orders any exchange of information, you and The Undeniable Project agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration. You and The Undeniable Project agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(v) The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state, or local agencies and, if the law allows, they can seek relief against us for you.

(vi) JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule will apply if twenty-five (25) or more similar Disputes are asserted against The Undeniable Project or against you by the same or coordinated counsel or are otherwise coordinated (such Disputes, “Coordinated Disputes”). Furthermore, such arbitrations will be resolved by the submission of arbitration briefs alone and without the presentation of live witness testimony. In addition to the application of the JAMS’ Mass Arbitration Procedures and Guidelines and the JAMS Mass Arbitration Procedures Fee Schedule, you and The Undeniable Project understand and agree that Coordinated Disputes may delay resolution of your or The Undeniable Project ’s Dispute.

3. Enforceability

If any portion of this section 16 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this section 16 or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this section 16; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. Further, if any part of this section 16 is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section 16 will be enforceable.

17. Governing Law and Venue

These Terms and any action related thereto will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in Maricopa County, Arizona, will have exclusive jurisdiction. You and The Undeniable Project waive any objection to venue in any such courts.

18. Modifying and Terminating the Services

We may change or discontinue any or all or any parts of the Services, at any time and without notice, at our sole discretion, for any purpose, including to make improvements, address technical needs, and help prevent damage to users or the Services. You also have the right to stop using the Services at any time. To the extent permitted by applicable laws, we are not responsible for any loss or harm related to your inability to access or use the Services.

19. Changes to Terms

We may make changes to these Terms by notifying you of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in section 16, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, your use of the Services following the effective date of any changes to these Terms will constitute your acceptance of such changes. If you do not agree to the updated Terms, you should terminate your account and stop using the Services.

20. Other Terms

a. These Terms and all additional terms incorporated herein constitute the entire and exclusive understanding and agreement between The Undeniable Project and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between The Undeniable Project and you regarding the Services.

b. If any provision or part of a provision of these Terms is held unlawful, invalid, or unenforceable, that provision or part of the provision will be enforced to the maximum extent permissible and is deemed severable from these Terms, and the other provisions of these Terms will remain in full force and effect.

c. These Terms and all additional terms and related documents, including notices and other communications are in the English language.

d. You may not assign or transfer any of your rights or obligations under these Terms, by operation of law or otherwise, without The Undeniable Project’s prior written consent. Any attempt by you to assign or transfer your rights or obligations under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

e. The Undeniable Project ’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of The Undeniable Project. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

f. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210.

21. Feedback

The Undeniable Project does not accept nor consider unsolicited creative ideas, materials, or pitches of any kind. See our Unsolicited Submissions Policy. If you provide ideas, suggestions, or other feedback about The Undeniable Project or the Services, that feedback is not confidential and may be used by us without restriction and without payment to you. The Undeniable Project does not waive any rights to use similar or related ideas previously known to The Undeniable Project, developed by its employees, or obtained from other sources.

22. Contact Information

If you have questions about these Terms or the Services, please contact The Undeniable Project by email at support@undeniableproject.com or write to us at The Undeniable Project, 1001 N. Central Ave 7th Floor, Phoenix AZ 85004.

23. iOS Minimum Terms for Custom EULA

The following provisions apply if you are accessing or using our mobile app on an Apple Inc. (“Apple”) branded mobile device. These Terms, including this section, constitute a custom EULA for any The Undeniable Project mobile app for purposes of Apple’s agreements and you acknowledge that Apple’s standard EULA will not apply.

a. Acknowledgement. The Terms are concluded between The Undeniable Project and you only, and not with Apple, and, as between Apple and us, we are solely responsible for our app and the content thereof.

b. Scope of License. The license granted to you for our app under section 6 of the Terms is limited to a non-transferable license to use our app on any Apple-branded products that you own or control and as permitted by our Apple Usage Rules set forth in the app Store Terms of Service, except that our app may be accessed, acquired, and used by other accounts associated with the purchaser via “Family Sharing” or volume purchasing.

c. Maintenance. We are not obligated to provide any support or maintenance services for our app except as required by law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our app.

d. Liability. Subject to section 15 of the Terms, we, and not Apple, are responsible for addressing any claims of yours or any third-party relating to our app or your possession and/or use of that app, including: (i) product liability claims; (ii) any claim that our app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

e. IP Claims. Subject to section 15 of the Terms, in the event of any third-party claim that our app or your possession and use of our app infringes any third-party’s intellectual property rights, we, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

f. Legal Compliance. You represent and warrant that you (i) 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 (ii) are not listed on any U.S. Government list of prohibited or restricted parties.

g. Name and Address. If you have any questions, complaints, or claims with respect to our app, they should be directed to us as specified in section 22.

h. Third-Party Beneficiaries. Apple and its subsidiaries are third-party beneficiaries of these Terms and will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

24. Global Addendum

a. Modifying and Terminating the Services: If we make a change or discontinue a Service that unreasonably disadvantages you or otherwise significantly disturbs the contractual balance between the parties, including changes to the essential characteristics of the Service, you can object by terminating your account and/or Recurring Subscription. If you terminate your Recurring Subscription in those cases, you may be entitled to receive a pro rata refund of amounts you have paid for the unused portion of your terminated Recurring Subscription.

b. Governing Law: If you are an individual consumer who is located in a jurisdiction that: (i) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where you are located or (ii) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where you are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where you are located, to the extent required by local law.