Terms of Use

These Terms of Use ("Terms") are a binding agreement between you and INDIGO SOLUTIONS LLC ("Indigo Solutions", "we", "us", or "our"). They govern your use of the website at indigosolutionsnyc.us (the "Website") and of every mobile, desktop, web, cloud or software-as-a-service application, product or service we publish or operate on any platform, including iOS, iPadOS, macOS, watchOS, visionOS, tvOS, Windows, Linux and the web, together with their content, features, updates and related services (the "Apps", and with the Website, the "Services").

Please read these Terms carefully. By downloading, installing, accessing or using any of the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Services.

IMPORTANT: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION AND JURY TRIAL WAIVER (SECTION 17), DISCLAIMERS OF WARRANTIES (SECTION 13), A LIMITATION OF OUR LIABILITY (SECTION 14), AND OUR RIGHT TO MODIFY, SUSPEND OR DISCONTINUE ANY APP AT ANY TIME WITHOUT LIABILITY (SECTION 9). THESE PROVISIONS AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your country) to use the Services. If you are under the age of majority where you live, you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf. If you use the Services on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

2. License to use the Apps

Subject to your compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use the Apps for your personal, non-commercial use on devices you own or control, and only as permitted by the rules of the store or platform from which you obtained them. The Apps are licensed, not sold. We and our licensors keep all rights not expressly granted to you. This license ends automatically if you breach these Terms or if we discontinue the App or terminate your access.

3. App Store terms (Apple)

This section applies to any App you download from Apple's App Store (an "Apple App"). Where an Apple App is not accompanied by its own license agreement, your use of it is also governed by Apple's Licensed Application End User License Agreement (the "Standard EULA"). If these Terms and the Standard EULA conflict for an Apple App, the Standard EULA controls to the extent of the conflict. You acknowledge and agree that:

• Parties. These Terms are between you and Indigo Solutions only, not Apple Inc. ("Apple"). Indigo Solutions, not Apple, is solely responsible for the Apple App and its content.
• Scope of license. Your license to the Apple App is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Apple App may be accessed by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. We are solely responsible for any maintenance and support for the Apple App, only to the extent described in these Terms or required by law. Apple has no obligation to provide any maintenance or support services for the Apple App.
• Warranty. To the extent any warranty applies by law and has not been effectively disclaimed, if the Apple App fails to conform to it, you may notify Apple and Apple will refund the purchase price (if any) you paid for the Apple App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Apple App. As between Indigo Solutions and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to any warranty are governed by these Terms.
• Product claims. Apple is not responsible for addressing any claims by you or a third party relating to the Apple App or your possession or use of it, including (i) product liability claims; (ii) claims that the Apple App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
• Intellectual property claims. If a third party claims that the Apple App or your possession and use of it infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of that claim.
• Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Developer contact. Questions, complaints or claims about the Apple App should be directed to us using the details in Section 21.
• Third-party terms. You must comply with applicable third-party terms of agreement when using the Apple App (for example, your wireless data service agreement).
• Third-party beneficiary. 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.

4. Other platforms & stores

If you obtain an App from another store or platform (for example, Google Play, the Microsoft Store, a Linux package repository or directly from us), that store's or platform's terms also apply to your download and purchase. The store or platform operator is not responsible for the App, and these Terms control as between you and us to the fullest extent those terms allow.

5. Accounts & security

Some features may require an account. You agree to provide accurate information and keep it up to date. You are responsible for keeping your credentials confidential and for all activity under your account, and you must tell us promptly about any unauthorized use. We are not liable for any loss caused by unauthorized use of your account. We may refuse, suspend or delete any account at our discretion, including accounts that are inactive for an extended period.

6. Purchases, subscriptions & refunds

• Payment processing. In-app purchases and subscriptions are processed by the store or payment provider you use (such as Apple) under its own terms. We do not receive or store your full payment card details.
• Auto-renewal. Subscriptions renew automatically at the then-current price unless you cancel at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your store account settings. Deleting an App does not cancel a subscription.
• Refunds. All purchases are final and non-refundable except where required by law or by the policy of the store through which you purchased. Refund requests for App Store purchases must be made to Apple. We have no obligation to provide refunds, credits or pro-rated amounts, including when features change or an App is discontinued as described in Section 9, except where the law requires.
• Price and feature changes. We may change prices, subscription plans, and free or paid features at any time. Price changes take effect at your next billing period after any notice required by the store or by law.
• Virtual items. Virtual items, credits or unlockable content have no cash value, are licensed rather than sold, cannot be transferred or redeemed for money, and may be modified or removed as described in Section 9.

7. Acceptable use

You agree not to, and not to help anyone else to:

• use the Services in violation of any law or regulation, or the rights of any person;
• copy, modify, distribute, sell, rent, lease or create derivative works of the Services;
• reverse engineer, decompile, disassemble or attempt to discover source code, except where the law expressly permits it despite this restriction;
• bypass, disable or interfere with security, licensing, payment or usage-limit features;
• access the Services through automated means (bots, scrapers, crawlers) or overload, disrupt or attack our infrastructure;
• upload viruses or other malicious code, or content that is unlawful, infringing, harassing, defamatory, obscene or otherwise objectionable;
• impersonate anyone or misrepresent your affiliation with any person or organization; or
• use the Services to build a competing product, or for any purpose they were not designed for.

8. Your content & data

You keep ownership of the content you create, upload or store with the Services ("Your Content"). You grant us a worldwide, royalty-free, non-exclusive license to host, store, process, reproduce and display Your Content only as needed to operate, secure and improve the Services for you. You are solely responsible for Your Content and represent that you have all rights needed to provide it.

Back up your data. The Services are not a backup or archival service. You are solely responsible for keeping independent copies of any content or data that matters to you. To the maximum extent permitted by law, we are not responsible for any loss, corruption or deletion of Your Content, whether caused by the Services, updates, device or platform changes, third-party services, account termination, or the discontinuation of an App. We may remove Your Content that we believe violates these Terms or the law.

9. Changes, suspension & discontinuation of the Services

We may, at any time and at our sole discretion, with or without notice, and for any reason or no reason:

• modify, update, replace or remove any App, feature, content, integration or functionality, including features you paid for;
• restrict availability by device, operating system version, platform or region;
• suspend, limit or interrupt all or part of the Services, temporarily or permanently;
• stop supporting, updating or maintaining any App, including for new operating system versions;
• discontinue, shut down, close or retire any App or the Services entirely, remove it from the App Store or any other store or platform, and stop offering new downloads, purchases or subscriptions;
• shut down any servers, cloud services or online features an App relies on, which may cause the App or some features to stop working; and
• delete accounts and any data associated with a discontinued App or feature after it is shut down, in line with our Privacy Policy.

You agree that we have no obligation to continue offering, supporting or maintaining any App or the Services, and that we will not be liable to you or to any third party for any modification, suspension, discontinuation, removal or deletion described in this Section, including any resulting loss of access, features, purchases, subscriptions, content or data. Where we decide to give advance notice of a planned shutdown, we will try to do so through the App, the Website or by email, but we are not required to. To the maximum extent permitted by law, you are not entitled to any refund, credit or compensation as a result, except where the law of your jurisdiction or the policy of the store through which you purchased requires it. If an App is discontinued, we may, but are not required to, stop active subscription renewals through the relevant store.

10. Intellectual property

The Services and everything in them, including software, code, designs, text, graphics, logos, names and trademarks (excluding Your Content), are owned by Indigo Solutions or its licensors and are protected by copyright, trademark and other laws. Nothing in these Terms transfers any ownership to you. If you send us feedback or suggestions, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation or compensation to you.

11. Third-party services

The Services may include or link to third-party services, content, software, APIs, platforms or open-source components ("Third-Party Services"). We do not control or endorse them and are not responsible or liable for their availability, accuracy, security, content, policies or practices, or for any changes to or discontinuation of them that affect the Services. Your use of Third-Party Services is at your own risk and subject to their terms.

12. No professional advice

Any information, calculations, suggestions or content provided through the Services, including content generated by artificial intelligence or machine-learning features, is for general informational purposes only. It may be inaccurate, incomplete or outdated, and it is not medical, health, legal, financial, tax, safety or other professional advice. Do not rely on the Services for decisions where errors could cause injury, loss or damage. You use any such information at your own risk.

13. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS", AND YOUR USE OF THEM IS ENTIRELY AT YOUR OWN RISK. INDIGO SOLUTIONS AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND SUPPLIERS (THE "INDIGO PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WITHOUT LIMITING THE ABOVE, THE INDIGO PARTIES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; BE COMPATIBLE WITH ANY DEVICE, OPERATING SYSTEM OR SOFTWARE; CONTINUE TO BE AVAILABLE OR SUPPORTED; OR THAT ANY DATA WILL BE ACCURATE, PRESERVED OR NOT LOST; OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE INDIGO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA OR CONTENT, OR FOR COSTS OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, INCLUDING ANY MODIFICATION, SUSPENSION OR DISCONTINUATION OF THE SERVICES, ANY LOSS OR DELETION OF DATA, ANY UNAUTHORIZED ACCESS, OR THE CONDUCT OF ANY THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE INDIGO PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID FOR THE SPECIFIC APP GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (B) TEN U.S. DOLLARS (US $10). THESE LIMITATIONS ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN YOU AND US, AND APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, our liability is limited to the smallest extent permitted by law, and nothing in these Terms excludes liability that cannot be excluded by law, such as liability for fraud, or for death or personal injury caused by gross negligence or willful misconduct.

15. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Indigo Parties from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Services; (b) Your Content; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) any dispute between you and any third party. We may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

16. Termination

We may suspend or terminate your access to all or part of the Services, or delete your account, at any time, with or without notice, for any reason or no reason, including if we believe you have violated these Terms. You may stop using the Services at any time by deleting the Apps and, if applicable, your account. When access ends, your license ends and you must stop using the Services. Sections 6, 8 through 21, and any other provisions that by their nature should survive, will survive termination.

17. Dispute resolution & binding arbitration

Informal resolution first. Before starting any formal proceeding, you agree to contact us at hello@indigosolutionsnyc.us with a written description of the dispute and the relief you seek, and to try in good faith to resolve it informally for at least 60 days.

Arbitration. If we cannot resolve the dispute informally, you and Indigo Solutions agree that any dispute, claim or controversy arising out of or relating to the Services or these Terms (including their formation, interpretation, enforceability or scope) will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, before a single arbitrator, and governed by the Federal Arbitration Act. The arbitration will take place in New York County, New York, or by video conference or written submissions if you prefer. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies, and either party may seek injunctive relief in court to protect its intellectual property rights.

Class action and jury trial waiver. YOU AND INDIGO SOLUTIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY REPRESENTATIVE PROCEEDING. YOU AND INDIGO SOLUTIONS EACH WAIVE THE RIGHT TO A TRIAL BY JURY.

Opt-out. You may opt out of this arbitration agreement by emailing hello@indigosolutionsnyc.us with the subject "Arbitration Opt-Out", your name and the email address associated with your use of the Services, within 30 days of first accepting these Terms. If this arbitration agreement or the class action waiver is found unenforceable for any claim, that claim will be heard only in the courts described in Section 18.

18. Governing law, venue & claim deadline

These Terms and any dispute arising from them are governed by the laws of the State of New York and applicable U.S. federal law, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Section 17, any action must be brought exclusively in the state or federal courts located in New York County, New York, and you consent to their personal jurisdiction and venue. If you are a consumer in a country whose law gives you the right to bring claims in your local courts or under your local law, nothing in these Terms limits those mandatory rights.

Time limit. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM AROSE, OR IT IS PERMANENTLY BARRED.

19. General terms

• Entire agreement. These Terms, together with the Privacy Policy and any additional terms shown in an App, are the entire agreement between you and us regarding the Services.
• Severability. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will stay in full effect.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition or sale of assets.
• Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, terrorism, labor disputes, government action, internet, hosting or power failures, or failures of third-party platforms and service providers.
• Export compliance. You agree to comply with all applicable export control and sanctions laws.
• No third-party beneficiaries. Except for Apple and its subsidiaries as described in Section 3, and the Indigo Parties as described in Sections 13 through 15, these Terms do not create any third-party beneficiary rights.
• Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.
• Language & headings. These Terms are written in English, which controls over any translation. Headings are for convenience only.

20. Changes to these Terms

We may modify these Terms at any time. We will post the updated Terms on this page and update the "Last updated" date. Changes take effect when posted unless we state otherwise. Your continued use of the Services after the changes take effect means you accept the updated Terms. If you do not agree, you must stop using the Services.

21. Contact

Questions, complaints, claims and legal notices about the Services can be sent to: