SilentMile Terms of Use

Last updated: September 27, 2026

Version 2026-09-27

These Terms of Use (the "Terms") are the agreement between you and Loma Labs LLC, a California limited liability company at 2108 N St, Sacramento, CA 95816 ("Loma Labs," "we," "us"), for the SilentMile app for iPhone and Apple Watch (the "App"), and are its end user license agreement on the App Store. They include an arbitration agreement with a 30-day opt-out (section 16), a limited warranty (section 6), a limitation of liability (section 13) and a release (section 14).

The short version

This summary is part of these Terms; the numbered sections give the detail and govern if they differ.

• Disputes. Disagreements go to binding individual arbitration under the American Arbitration Association's consumer rules, not to court and not as a class action, after a 30-day attempt to settle them by email. You can opt out of arbitration by emailing admin@lomalabsllc.com within 30 days of accepting these Terms. Small claims court is always available; section 18 covers the European Union, the United Kingdom and Australia.
• How you agree. By tapping Agree and Continue in the App, where the full Terms and Privacy Policy can be read. The App stores the version you accepted and asks again if the Terms change materially.
• What SilentMile is. A GPS fitness tracker for runs, rides, hikes and walks, bought once from the App Store at the price shown there, with no subscription, in-app purchase or account. Your data lives on your device, encrypted, and goes into Apple Health only if you turn that on; we have no copy and cannot recover it, so GPX exports are your backup.
• Privacy and security statements describe a design as of a date. We give one limited warranty (section 6) that the App matches that design, with a fix-or-refund remedy. We do not promise your data can never be exposed or lost. You can check the App's network behavior yourself; for the rest you rely on the written description and the limited warranty.
• Not a medical device, not a navigation tool. Every figure, prediction and plan is an estimate, and route drawings show your own GPS points, not the world around you. Exercise, and where you go, are your responsibility.
• Liability and release. Apart from the limited warranty, the App is provided as is. Our total liability is capped at the greater of the price you paid or US$50, and we are not liable for indirect losses, lost data or privacy harm. You release us from claims about the inherent risks of exercise, navigation, data loss under the no-backup design, and reliance on estimates. None of this applies where the law forbids it, for example to fraud, gross negligence, negligent misstatements, violations of law, or personal injury caused by our negligence where the law protects that.

1. Acceptance, eligibility and versions

1.1 Agreement. You accept these Terms by tapping "Agree and Continue" on the acceptance screen in the App. That screen states that by tapping you accept these Terms, including the arbitration agreement and 30-day opt-out, and acknowledge the Privacy Policy, and it links to the full text of both, readable offline. The App stores the accepted version and date on your device. Installing or opening the App before that screen does not by itself bind you; tapping the button does, as does continuing to use the App afterward. If you do not agree, do not tap, delete the App, and request a refund under section 4.3.

1.2 Age. You must be at least 13 to use the App. If you are under 18, your parent or guardian must accept these Terms for you; a parent or guardian who lets a minor use the App on a device or Apple Account they control accepts these Terms for the minor and is responsible for the minor's use. The App does not verify or record age.

1.3 Privacy Policy and versions. Our Privacy Policy describes how the App handles data in plain language. It is a notice, not part of this contract; section 5.2 is the contractual description. The same text of these Terms, identified by the version number at the top, appears in the App under Settings > About, on our website, and as the App's license on the App Store.

2. Apple

2.1 These Terms are the license. These Terms are the end user license agreement for the App and are provided to Apple as the custom license for the App on every App Store storefront. Apple's App Store usage rules continue to apply to your download and to Family Sharing. Where these Terms are silent, Apple's Licensed Application End User License Agreement (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) applies as a default.

2.2 Terms Apple requires. (a) These Terms are between you and Loma Labs only, and Loma Labs, not Apple, is solely responsible for the App and its content. (b) Your license is a non-transferable license to use the App on Apple-branded products you own or control, as the App Store usage rules permit, including through Family Sharing or volume purchasing. (c) Loma Labs alone is responsible for maintenance and support; Apple has no obligation to furnish any. (d) Loma Labs is solely responsible for any product warranties, express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price to you; to the maximum extent permitted by law Apple has no other warranty obligation, and all other claims, losses, liabilities, damages, costs or expenses from a warranty failure are Loma Labs's sole responsibility. (e) Loma Labs, not Apple, is responsible for addressing any claims relating to the App or your possession or use of it, including product liability claims, claims that the App fails to conform to a legal or regulatory requirement, and consumer protection or privacy claims, including in connection with HealthKit. (f) If a third party claims that the App or your use of it infringes its intellectual property rights, Loma Labs, not Apple, is solely responsible for investigating, defending, settling and discharging that claim. (g) You represent and warrant that 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 are not on any U.S. Government list of prohibited or restricted parties. (h) Questions, complaints or claims go to Loma Labs at the address in section 22. (i) You must comply with applicable third-party terms, such as your wireless carrier's. (j) Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, may enforce them against you.

3. License and updates

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to install and use the App on Apple devices you own or control, for your own fitness tracking. The App is licensed, not sold: your data is yours; the App's code, design and methods belong to us or our licensors, and we keep all rights not expressly granted. Updates released through the App Store are part of the App. We are not obliged to release updates, keep the App compatible with future iOS, watchOS or hardware, support any particular sensor, or continue offering the App. Because the App has no server, it will generally keep working if we stop development, though changes by Apple may eventually affect it.

4. Purchase, payment and refunds

4.1 One-time purchase. The App is sold once, at the price shown in the App Store at the time of purchase, with no subscription, in-app purchase or recurring charge. We may change the price for new purchasers; that does not affect a purchase already made.

4.2 Apple handles payment. Apple processes all payments before the App is installed; the App contains no purchase code and never sees payment information. Your purchase is tied to your Apple Account, and you can reinstall on any device you own without paying again. Reinstalling restores the App, not your data (section 8).

4.3 Refunds. Refunds are requested from Apple, for example at https://reportaproblem.apple.com. If Apple declines and you write to admin@lomalabsllc.com within 30 days of purchase with proof of purchase, we will refund the price you paid ourselves. Section 6.3 describes the refund remedy under our limited warranty, and section 18 describes statutory withdrawal and refund rights in some countries.

5. What SilentMile is and how it is built

5.1 Features. The App records runs, rides, hikes and walks using GPS and, where available, heart rate from Apple Watch or a Bluetooth sensor; draws your route on the device; offers on-device training features such as segments, saved routes with off-course alerts, training plans, race predictions and workout summaries; and imports GPX and FIT files and exports GPX. Features vary by device and OS version and may change in an update.

5.2 The design, as of this version. As of the version date at the top, the App is built as follows.

• No server, no account and no cloud component operated by us.
• The App's own code makes no network requests and includes no analytics, telemetry, crash reporting, advertising or in-app purchase frameworks. Route maps are drawn on the device from your own points, not downloaded tiles, so the App works in Airplane Mode.
• Your data is stored on your device in a SQLite database encrypted with AES-256 through SQLCipher, with a key generated on your device and stored only in the iOS Keychain with device-only protection.
• The database is deliberately excluded from iCloud and local device backups.
• An optional app lock uses Face ID, Touch ID or a PIN; only a salted PBKDF2 hash of the PIN is kept, in the Keychain.
• Writing workouts to Apple Health is optional and off by default. When you turn it on, the iPhone app writes both phone-recorded and watch-recorded workouts.
• The Apple Watch app uses a HealthKit workout session while recording to read heart rate and distance, and discards that HealthKit workout at the end instead of saving it, so the watch does not write workouts to Apple Health.
• Erase Everything deletes the database, the encryption key, the App's Keychain entries and the Health items the App wrote.

5.3 What iOS does around the App. When any app uses GPS, iOS itself may contact Apple's location services for a faster satellite fix; that traffic comes from the operating system, not the App, and Airplane Mode stops it. Apple Watch sync and Bluetooth sensors are optional radio links between your own devices.

6. Our limited warranty, and what is not warranted

6.1 The architecture is described as of a date. Section 5.2 describes how the App is built as of the version date at the top. The Privacy Policy, App Store listing and website describe the same design less formally; where they differ, section 5.2 is the more precise statement.

6.2 Limited warranty. We warrant that, for 90 days after you buy the App (or any longer period the law where you live requires), the App, in each version we release while the warranty period runs, will materially conform to the section 5.2 in the Terms that accompany that version. This is our only warranty. It does not cover your device, iOS or watchOS, other software, your settings, backups or exports, Apple Health or Bluetooth sensors.

6.3 Your exclusive remedy. If the App does not conform to section 5.2, tell us at admin@lomalabsllc.com what you observed. We will correct the App in an update, correct the description, or both. If we have not corrected a non-conformity within 60 days of a notice that gives us enough to reproduce it, you may delete the App and we will refund the price you paid, through Apple or, if Apple declines, directly on proof of purchase. To the extent the law allows, this is your only remedy for a non-conformity.

6.4 What no software can promise. The App runs on a device and an operating system made by someone else, alongside software you choose. No software is free of defects or immune to compromise, and we do not promise that the App's protections cannot be defeated or that unknown vulnerabilities do not affect it. Everything section 6.2 leaves outside the warranty is also outside our control.

6.5 What this section does not limit. Nothing in this section limits our liability for fraud, negligent or intentional misrepresentation, gross negligence or willful misconduct, personal injury caused by our negligence where the law protects it, or violation of law, or any statutory right that cannot be excluded.

7. Check it yourself

7.1 What you can and cannot check. You can test the App's network claims: record a workout in Airplane Mode, run a proxy or packet capture, or open the App Privacy Report in iOS Settings, which lists the network domains each app has contacted. Those tests show network behavior only. They do not let you check encryption at rest, Keychain storage, backup exclusion or how Erase Everything works; for those you are relying on the written description in section 5.2 and the limited warranty in section 6. The only statements we make about the App are the written statements in section 5.2, the Privacy Policy, our App Store listing and our website; we have made no other statement to you.

7.2 Tell us what you find. If you observe behavior that does not match section 5.2 or the Privacy Policy, email admin@lomalabsllc.com with what you saw and how to reproduce it. We will investigate and, where confirmed, correct the App or the description within a reasonable time. Do not send us your workout data; if you do, we will delete it once your report is handled.

8. Your data, Apple Health, Apple Watch, sensors and Live Activities

8.1 Your device holds the only copy, and it is not backed up. Everything the App records is stored only on your device. We have no copy and cannot recover, reset or unlock your data or a forgotten PIN. The database and its key are deliberately excluded from iCloud and local backups, so if you lose, wipe or replace your device, or uninstall the App, your history is gone. You accept this as part of the design. Data can also be lost through software defects or storage failures. Anyone who can unlock your device can see your data unless the app lock is on. You are responsible for any file you import.

8.2 Export is your backup. The App can export any workout as a GPX file at any time. If your history matters to you, export it regularly and store the files somewhere you trust; where you send them is your choice.

8.3 Erase Everything, uninstalling and the Keychain. Erase Everything permanently deletes the database, the encryption key, the App's Keychain entries (including the PIN hash and lockout state), caches, export files, and the workouts and routes the App wrote to Apple Health. There is no undo; if a step fails, the App is designed to say what could not be deleted. Deleting the App removes its database and files, but iOS does not remove Keychain items on uninstall, so the key, PIN hash and lockout state remain until you reinstall the App (a fresh install deletes them before it creates a new database; even if a deletion fails, the old key opens nothing and no lock is set), run Erase Everything or erase the device. A fresh install starts with no data and no app lock. Workouts already written to Apple Health also remain after uninstalling.

8.4 Apple Health. With your permission, the App can read heart rate, workouts and related metrics from Apple Health, on your device. Writing to Apple Health is off by default and happens only if you turn it on in the App and grant permission in iOS; when on, the iPhone app writes both phone-recorded and watch-recorded workouts. Health data may then sync to iCloud under your Apple settings and be visible to other apps with Health access; that is outside our control. Revoking permission does not delete data already in Health; Erase Everything does.

8.5 Apple Watch and Bluetooth sensors. The watch app records workouts and transfers them to your iPhone over WatchConnectivity, Apple's direct device-to-device channel; transfer may be delayed or fail. While recording, it uses a HealthKit workout session to read heart rate and distance and discards that HealthKit workout at the end instead of saving it. Bluetooth sensors connect over Bluetooth Low Energy. We do not make Apple Watch or any sensor and do not warrant them.

8.6 Live Activities. An optional Live Activity can show elapsed time, distance, pace, heart rate and cadence on your Lock Screen while you record. It shows numbers only, never your location or route, is updated locally rather than by push, and is visible to anyone who can see your screen. You can turn it off in the App's settings.

9. Not a medical device, not a navigation tool, and the risks of exercise

9.1 Not a medical device. The App is a consumer fitness product, not a medical device. It is not intended to diagnose, treat, monitor or prevent any disease or condition or to detect any medical event, and it is not designed to maintain medical information for treatment or diagnosis; Loma Labs does not receive, store or have access to any data the App records. Do not rely on the App for any medical decision. Consult a healthcare professional before starting or changing an exercise program; if you feel unwell, stop and seek help, because the App cannot.

9.2 Everything is an estimate. Every figure the App shows or predicts, from distance and pace to heart rate zones, calories, training load and race predictions, is computed from noisy sensor data using general models and can be wrong, sometimes substantially; calorie figures in particular are rough. Training plans are generic algorithms, not coaching; they do not know your medical history and can suggest workloads that are wrong for you. Workout summaries are automated text generated on your device from your numbers and are not advice. You decide what training to do.

9.3 Not a navigation tool. Route maps are drawn from your own GPS points or a course you saved or imported, with no basemap of roads, terrain or hazards and nothing to tell you whether a course is safe, legal or passable. Route following shows your position relative to a course you chose and can alert you when you leave it; it is not directions. GPS can be wrong by tens of meters or fail entirely. Do not rely on the App to find your way where getting lost or losing GPS could put anyone at risk.

9.4 Exercise carries risk. Physical activity carries inherent risks, including injury, illness, cardiac events, falls, collisions and, rarely, death; the App does not reduce them. Looking at a screen, listening to audio cues or following a route can distract you from traffic, terrain and people; you are responsible for paying attention and for complying with local laws about device use while moving.

9.5 Your assumption of risk. To the fullest extent permitted by law, you knowingly and voluntarily assume the risks of (a) physical activity while using or relying on the App, including activity a plan or prediction suggests; (b) using the App for navigation or route following; (c) loss or inaccessibility of your data under the design described in section 8; (d) reliance on any estimate, prediction, plan or summary; and (e) any compromise of your device or data by a third party or a cause outside our control. This section does not apply to harm caused by our fraud, gross negligence, willful misconduct, negligent misrepresentation or violation of law.

10. Acceptable use

You will not, and will not allow anyone else to: copy, modify or create derivative works of the App, except as an open-source license or mandatory law allows; reverse engineer, decompile or disassemble the App, except to the extent non-excludable law allows and then only after asking us for the information you seek; sell, rent, lend, sublicense or transfer the App or your license; remove any proprietary notice; use the App to violate any law or to track any person without that person's knowledge and consent; import, store or export content you have no right to use; interfere with the App's operation or circumvent its security features, other than the testing described in section 7 on your own device; or use the App where its failure could lead to death, personal injury or severe damage, beyond the ordinary recreational activity it is designed for. Security research on your own device is welcome; report findings under section 7.2.

11. Intellectual property, feedback and open-source components

11.1 Ownership. The App, including its software, design, text, graphics and algorithms, and all intellectual property rights in them, belong to Loma Labs or its licensors. SilentMile and the SilentMile logo are trademarks of Loma Labs LLC; Apple's marks belong to Apple Inc. You retain all rights in the data you record, import or create with the App; because we never receive it, we claim no license to it.

11.2 Feedback. If you send us suggestions, bug reports or other feedback, you grant us a perpetual, royalty-free license to use it for any purpose without obligation to you. Do not send us your fitness data; if you do, we will delete it after handling your report and claim no license to it.

11.3 Open-source and third-party components. The App includes GRDB.swift (a SQLite toolkit for Swift, MIT License) built with SQLCipher (an encryption extension for SQLite, BSD-style license), and relies on Apple frameworks. Each open-source component is governed by its own license, which takes precedence over these Terms for that component and grants you rights these Terms do not limit; a current list of components and license texts is available from admin@lomalabsllc.com. Third-party products and services you use with the App are governed by their own terms.

12. Disclaimer of other warranties

Except for the limited warranty in section 6.2, and to the fullest extent permitted by law, the App is provided "as is" and "as available," with all faults and without warranty of any kind. Loma Labs and its members, managers, officers, employees, contractors, agents, licensors and suppliers (the "Loma Labs Parties") disclaim all other warranties, express, implied or statutory, including merchantability, satisfactory quality, fitness for a particular purpose, accuracy, title and non-infringement. In particular, they do not warrant that the App will be uninterrupted, secure or error-free; that data stored by the App will be private, secure, preserved or recoverable; that any output will be accurate; that the App is suitable for navigation, safety, medical or emergency purposes; or that it will work on any particular device, sensor or OS version. Section 18 explains how these Terms operate where the law does not allow certain warranties to be excluded.

13. Limitation of liability

13.1 What we cannot limit. Nothing in these Terms excludes or limits liability the law does not allow us to exclude or limit: our fraud or fraudulent misrepresentation; our negligent misrepresentation; our gross negligence or willful misconduct; death or personal injury caused by our negligence where the law protects it, including where consequential damages for personal injury from consumer goods cannot be limited; our violation of law; and any consumer right that cannot be waived by contract (California Civil Code sections 1668 and 1751 and equivalent laws). Sections 13.2 and 13.3 are subject to this section 13.1.

13.2 Excluded damages. Subject to section 13.1, and to the fullest extent permitted by law, no Loma Labs Party is liable to you for indirect, incidental, consequential, special, exemplary or punitive damages, for loss of or damage to data, or for loss of privacy or confidentiality or unauthorized access to data on your device, relating to the App or these Terms, however caused and under any theory the law permits us to limit.

13.3 Cap. Subject to section 13.1, and to the fullest extent permitted by law, the total liability of all Loma Labs Parties to you for all claims arising out of or relating to the App or these Terms will not exceed the greater of (a) the amount you paid for the App and (b) US$50.

13.4 Basis of the bargain and claims period. The limited warranty, the disclaimers, this section and the release in section 14 are fundamental to the bargain between you and us, and the App's one-time price reflects that allocation of risk. To the extent permitted by law, any claim relating to the App or these Terms must be brought within one year after you discover or reasonably should have discovered the facts giving rise to it; this does not apply to consumer protection statutes whose limitation periods cannot be shortened, or anywhere the law does not allow shortening.

14. Release of claims for risks you have chosen to accept

14.1 Knowing the risks described in sections 8 and 9, and to the fullest extent the law allows, you release the Loma Labs Parties from claims for: (a) injury or loss from physical activity you undertake while using or relying on the App; (b) injury or loss from using the App for navigation or route following; (c) loss, corruption or inaccessibility of your data resulting from the design choices described in section 8 (no backups, no PIN recovery, permanent erasure); and (d) reliance on any estimate, prediction, plan or summary the App shows.

14.2 This release does not apply to our fraud, negligent or intentional misrepresentation, gross negligence, willful misconduct, violation of law, or personal injury caused by our negligence where the law protects it; to consumer protection claims that cannot be released; or to a consumer in the European Union, the United Kingdom or Australia to the extent the release would be unfair or unenforceable under the law of your country.

15. Indemnification

If a third party brings a claim against a Loma Labs Party to the extent caused by (a) your use of the App in violation of law or these Terms, (b) your use of the App to track or surveil another person without consent, or (c) content you import, export or share that you had no right to use, you agree to indemnify that Loma Labs Party for the resulting damages, costs and reasonable attorneys' fees, except to the extent the claim was caused by our negligence, fraud or willful misconduct. We will notify you promptly of any such claim, you may participate in the defense at your own expense, and we will not settle a claim in a way that imposes obligations on you without your consent. This section does not apply if you are a consumer in the European Union, the United Kingdom or Australia.

16. Dispute resolution: informal resolution, arbitration and class waiver

Please read this section carefully. It requires most disputes to be resolved by individual arbitration rather than in court and waives class actions. You may opt out under section 16.8.

16.1 Scope and exceptions. Except as section 18 provides, this section applies to any dispute between you and any Loma Labs Party relating to the App, these Terms, the Privacy Policy or any description of the App, under any legal theory (a "Dispute"). The Federal Arbitration Act governs this section. Either of us may instead bring an individual claim in small claims court in the county where you live or in Sacramento County, California, or seek injunctive relief in court to protect intellectual property rights. Public injunctive relief is addressed in section 16.6.

16.2 Informal resolution first. Before starting an arbitration or lawsuit, the party raising a Dispute must send the other a written Notice of Dispute: to us by email to admin@lomalabsllc.com with the subject line "Notice of Dispute" or by mail to the address in section 22; to you at an address you have given us. It must include your name, an email or postal address, the approximate purchase date, a description of the Dispute and the relief you seek. For 30 days after a complete Notice is received, you and we will try in good faith to resolve the Dispute informally; limitation periods and filing deadlines are tolled, and neither of us may begin an arbitration or lawsuit until the 30 days have passed.

16.3 Binding individual arbitration. If a Dispute is not resolved informally, it will be resolved by final and binding arbitration before a single arbitrator administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (https://www.adr.org), as modified by this section. The arbitrator follows applicable law and these Terms and may award any individual relief a court could. Delegation. The arbitrator, not a court, decides any dispute about the interpretation, applicability, enforceability or formation of this section 16, including any claim that part of it is void, except that a court decides whether the class action waiver in section 16.6 is enforceable and any request for public injunctive relief.

16.4 Procedure and fees. For claims of US$25,000 or less, the arbitration is on written submissions unless the arbitrator decides a hearing is necessary or a party requests one; any hearing is by video or, if a party insists, in the county where you live. AAA fees follow the AAA consumer fee schedule, which caps your share; if you cannot afford your share, tell us and we will pay it unless the arbitrator finds your claim frivolous. We will pay fees required of us within the time set by law, including California Code of Civil Procedure sections 1281.97 and 1281.98 where they apply.

16.5 Coordinated filings. If 25 or more Notices of Dispute or arbitration demands raising similar claims are filed by or with the assistance of the same or coordinated counsel within 90 days, the AAA Mass Arbitration Supplementary Rules and fee schedule then in effect apply. This does not delay any individual claimant once the informal resolution period has passed.

16.6 Class action waiver and public injunctive relief. You and we 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 or consolidated proceeding. The arbitrator may not consolidate claims or award relief to or against a non-party. This section does not waive any right under California law to seek public injunctive relief in court; if you seek both individual and public injunctive relief, the arbitrator decides the individual claims, a court decides the public injunctive request, and neither waits for the other. If a court finds this section 16.6 unenforceable as to a particular claim or request, that claim or request alone is litigated in court under section 17 while the rest proceeds in arbitration.

16.7 Jury trial. To the extent a Dispute proceeds in court and the forum's law permits a pre-dispute jury waiver, you and we each waive trial by jury. This does not apply in California state courts or anywhere else the law does not permit it.

16.8 Your right to opt out. You may opt out of sections 16.3 through 16.6 by emailing admin@lomalabsllc.com with the subject line "Arbitration Opt-Out" within 30 days after you first tap "Agree and Continue" in a version of the App containing this section 16. Include your name, the approximate purchase date, and a clear statement that you opt out of arbitration. This period runs from your first acceptance and does not restart when you accept an updated version; section 16.9 covers later changes to this section. Opting out does not affect the rest of these Terms; Disputes then go to court under section 17.

16.9 Changes, severability and survival. A change to this section does not apply to a Dispute noticed before the change took effect. If an updated version of these Terms changes this section and you accept it on the Updated Terms screen, you may still reject the change to this section by emailing admin@lomalabsllc.com within 30 days after that screen was first shown to you, in which case the version of this section you last accepted continues to apply between us. Except as section 16.6 provides, if any part of this section is unenforceable the rest remains in effect; if section 16.3 is unenforceable as to a Dispute, that Dispute goes to the courts in section 17. This section survives termination and deletion of the App.

17. Governing law and venue

17.1 Governing law. These Terms and any Dispute are governed by the Federal Arbitration Act and California law, without regard to conflict-of-law rules, except that the mandatory consumer protection laws of the country or state where you live apply where they cannot be waived by contract.

17.2 Venue. Any Dispute that is not arbitrated, including after an opt-out, under section 16.1 or 16.6, or in any court action about an arbitration or award, will be brought in the state or federal courts in Sacramento County, California, and you and we consent to their jurisdiction. This does not prevent a qualifying small claims action, does not apply where it would deprive you of a non-waivable right under the consumer protection law of the state where you live, and does not deprive a consumer in a jurisdiction with mandatory venue rules of the right to sue in their home courts.

18. Your rights in the European Union, the United Kingdom, Australia and elsewhere

18.1 General. Where the law does not allow a warranty to be excluded, a liability to be limited, or a consumer dispute to be arbitrated, the affected provision applies only to the extent permitted, nothing in these Terms takes away rights that cannot be waived by contract, and a provision that would otherwise be invalid is read as limiting our obligations to the greatest extent the law allows rather than as void.

18.2 European Union and United Kingdom consumers. (a) Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot be excluded under the law of your country, and section 13 does not apply to loss caused by our intentional or grossly negligent conduct or by breach of a duty we cannot exclude. (b) You have legal rights concerning the conformity of digital content with the contract, under Directive (EU) 2019/770 and national implementing laws and under the Consumer Rights Act 2015 in the United Kingdom. Our public statements about the App, including on our website and App Store listing, form part of those conformity requirements as the law provides; section 5.2 is our most precise description. Nothing in these Terms limits your conformity remedies, and section 6.3 is in addition to them. (c) For a consumer in the United Kingdom, section 16 does not apply to any claim of £5,000 or less, and nothing in it prevents you from suing in the courts of the United Kingdom. For a consumer in the European Union, section 16 does not apply unless the law of your country permits pre-dispute consumer arbitration, and you may always sue in the courts of your country. (d) The mandatory consumer protection laws of your country of residence apply regardless of section 17.1. (e) You may withdraw from your purchase within 14 days without giving a reason, unless you agreed to immediate download and acknowledged losing that right. For App Store purchases this right is exercised through Apple; if Apple declines a withdrawal you are entitled to, contact us at admin@lomalabsllc.com and we will honor it.

18.3 Australian consumers. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. To claim, contact Loma Labs LLC, 2108 N St, Sacramento, CA 95816, United States, admin@lomalabsllc.com. Sections 12, 13, 14 and 15 do not apply to the extent they would exclude, restrict or modify any guarantee, right or remedy under the Australian Consumer Law, and nothing in these Terms limits our liability for failing to comply with a consumer guarantee.

19. Changes to these Terms

19.1 Each version of these Terms has a version number at the top. We may issue a new version for new features, changes in law or Apple's requirements, or to correct errors.

19.2 If a new version materially changes your rights or obligations, the App shows an Updated Terms screen before you can continue using that version of the App. Tapping Agree and Continue there accepts the updated Terms, including the arbitration agreement, and acknowledges the Privacy Policy. If you choose I don't agree instead, stop using the App; and if the change materially reduced your rights, ask Apple for a refund within 30 days of the change. If Apple declines within that period, email admin@lomalabsllc.com with your receipt and we will refund the price you paid ourselves, as in section 4.3. Changes to section 16 are also governed by section 16.9.

19.3 Non-material changes (such as corrected typos, updated contact details, or text Apple requires) take effect when posted in the App and on our website.

20. Termination

You may end these Terms at any time by deleting the App from your devices (see section 8.3 regarding the Keychain and Apple Health). We may terminate your license if you materially breach these Terms or if the law or Apple requires it; because the App has no server, that takes the form of a notice asking you to stop using it. We may also discontinue the App as described in section 3. On termination your license ends. Sections 6 through 9 and 11 through 21 survive, along with any other provision that by its nature should.

21. General terms

21.1 Entire agreement. These Terms are the entire agreement between you and us about the App. The Privacy Policy, our website and our App Store listing describe the App as of their dates and are not part of this contract, except as section 18.2(b) provides.

21.2 Severability, waiver and assignment. If any provision is held unenforceable, it is enforced to the maximum extent permissible and the rest remains in force, except as section 16.6 provides. Not enforcing a provision does not waive it. You may not assign these Terms or your license without our written consent; we may assign them, on notice in the App or on our website, to an affiliate or a successor that assumes our obligations.

21.3 Third parties and force majeure. Apart from the Loma Labs Parties and Apple and its subsidiaries under section 2.2(j), there are no third-party beneficiaries. We are not liable for failure or delay caused by events beyond our reasonable control.

21.4 Interpretation, notices and electronic acceptance. Headings are for convenience, and "including" means "including without limitation." Where the law allows, the English version controls over any translation. Notices to us go to the addresses in section 22; notices to you are given in the App or by reply to an address you have used. Tapping Agree and Continue is your electronic signature.

21.5 Export compliance. The App is subject to United States export control and sanctions laws and contains encryption whose use may be restricted in some countries. You agree to comply with them and with the law where you are, and make the representations in section 2.2(g).

21.6 Notice to California residents. Under California Civil Code section 1789.3: the App is provided by Loma Labs LLC, 2108 N St, Sacramento, CA 95816, at the price shown in the App Store, charged once by Apple; complaints go to admin@lomalabsllc.com or that address. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.

22. Contact

Questions, Notices of Dispute, arbitration opt-outs, warranty and refund requests and open-source license requests all go to admin@lomalabsllc.com or Loma Labs LLC, 2108 N St, Sacramento, CA 95816, United States. We are a small independent team and aim to reply within 5 business days.