Terms of Service

Effective Date: 2026

1. Acceptance of Terms

Welcome to Kodavine LLC (“we,” “us,” or “our”). By accessing or using any of our products, services, websites, web applications, or mobile applications, you agree to be bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you may not access or use our products or services. Your continued use of any Kodavine LLC product or service constitutes your acceptance of these Terms and any future modifications.

2. Description of Services

Kodavine LLC provides custom software development services, web applications, and mobile applications. Our products and services include, but are not limited to:

Custom software development and consulting services
Web applications and websites
Mobile applications, including the iPad Photo Booth app

We reserve the right to modify, suspend, or discontinue any part of our publicly available services at any time without prior notice. For custom software development engagements governed by a separate client agreement, any modification, suspension, or discontinuation of services will be handled in accordance with the terms of that agreement.

3. User Accounts and Responsibilities

If you create an account with any of our products or services, you are responsible for:

Providing accurate, current, and complete information during registration
Maintaining the confidentiality and security of your account credentials
All activities that occur under your account
Notifying us immediately of any unauthorized use of your account

You agree to use our products and services only for lawful purposes and in accordance with these Terms. You must not use our services in any way that could damage, disable, overburden, or impair our systems or interfere with any other party’s use of our services.

4. Intellectual Property

All content, features, and functionality of our products and services, including but not limited to software, code, designs, text, graphics, logos, and trademarks, are the exclusive property of Kodavine LLC and are protected by United States and international copyright, trademark, patent, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our intellectual property without our prior written consent.

User Content: You retain ownership of any content you create using our products and services, such as photos captured through the iPad Photo Booth app. By using our services, you grant Kodavine LLC no ownership rights over your user-generated content. Photos captured through the iPad Photo Booth app remain stored on your device and are not transmitted to our servers.

5. Acceptable Use

When using our products and services, you agree not to engage in any of the following prohibited activities:

Using our services for any unlawful, fraudulent, or malicious purpose
Attempting to gain unauthorized access to our systems, servers, or networks
Reverse engineering, decompiling, or disassembling any of our software or applications
Distributing viruses, malware, or any other harmful code through our services
Interfering with or disrupting the integrity or performance of our services
Scraping, data mining, or using automated means to access our services without authorization
Impersonating any person or entity, or misrepresenting your affiliation with any person or entity
Violating any applicable local, state, national, or international law or regulation

6. Payments and Purchases

For our mobile applications distributed through the Apple App Store, all payment processing, including in-app purchases and subscriptions, is handled entirely by Apple. These transactions are governed by Apple’s terms and conditions, including Apple’s refund policies. Kodavine LLC does not collect, store, or have access to your payment card details or billing information.

For custom software development services, payment terms and schedules will be outlined in a separate agreement between Kodavine LLC and the client. Fees for completed work are non-refundable. Refund rights for work in progress or undelivered milestones are governed by the terms of the applicable client agreement.

7. Disclaimer of Warranties

OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KODAVINE LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that our products or services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We make no guarantees regarding the accuracy, reliability, or completeness of any content or information provided through our services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KODAVINE LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE OUR PRODUCTS OR SERVICES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR PRODUCTS OR SERVICES EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO KODAVINE LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Kodavine LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of our products or services; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) any content you submit, post, or transmit through our services.

Mutual Indemnification for Custom Development Clients: For clients engaged under a custom software development agreement, Kodavine LLC will indemnify, defend, and hold harmless the client from and against any third-party claims alleging that the deliverables provided by Kodavine LLC under the applicable client agreement infringe upon the intellectual property rights of a third party, provided that such claims do not arise from client-provided materials, specifications, or modifications made by the client after delivery. The specific terms and scope of mutual indemnification will be detailed in the applicable client agreement.

10. Arbitration and Dispute Resolution

Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator’s decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.

Class Action Waiver: YOU AGREE THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of more than one party and may not preside over any form of class or representative proceeding.

Individual Claims Only: All claims must be brought on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration against Kodavine LLC.

11. Termination

Kodavine LLC reserves the right to suspend or terminate your access to our products and services, in whole or in part, at any time and for any reason, including but not limited to a violation of these Terms, without prior notice or liability. Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, and indemnification.

Data Upon Termination: Upon termination of your account or access, Kodavine LLC will delete your personal data and any associated account information within a reasonable timeframe, unless retention is required by law or for legitimate business purposes such as resolving disputes or enforcing our agreements. Data stored solely on your device, such as photos captured through the iPad Photo Booth app, is not affected by termination and remains under your control.

12. Force Majeure

Kodavine LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, acts of government, war, terrorism, labor disputes, infrastructure or power failures, internet or telecommunications outages, cyberattacks, or any other force majeure event. In the event of a force majeure, Kodavine LLC will make reasonable efforts to resume performance as soon as practicable and will notify affected users of any material service disruptions.

13. Governing Law

These Terms and any disputes arising out of or related to them shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of Delaware, and you consent to the personal jurisdiction of such courts.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

15. Changes to Terms

Kodavine LLC reserves the right to update or modify these Terms at any time without prior notice. When we make changes, we will update the effective date at the top of these Terms. Your continued use of our products and services after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.