MASTER TERMS OF USE
Effective Date: July 20, 2026
Last Updated: July 20, 2026
IMPORTANT: THESE TERMS CONTAIN A BINDING INDIVIDUAL ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER, AND A JURY-TRIAL WAIVER. PLEASE READ SECTION 22 CAREFULLY. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS DESCRIBED IN SECTION 22.
These Master Terms of Use (“Terms”) are a legally binding agreement between you and Mahj & Mischief LLC, a Texas limited liability company (“Mahj & Mischief,” “Company,” “we,” “us,” or “our”).
These Terms govern your access to and use of the following applications, websites, and related digital services:
- Gather Recipe Collector;
- Thrive Vision Board & Task Manager;
- Bedtime Dash;
- Mahj Mischief Manager;
- Red’s Radar; and
- any other application, website, software feature, or digital service that links to these Terms,
collectively, the “Services” and individually, a “Service” or “App.”
App-specific terms appear in Section 15. If an App-specific provision conflicts with a general provision of these Terms, the App-specific provision controls for that App.
1. ACCEPTANCE OF THESE TERMS
You accept these Terms when you:
- click or tap “I Agree,” “Accept,” or a similar button;
- check a box confirming your agreement;
- create an account after being presented with these Terms;
- purchase or activate a Service after being presented with these Terms; or
- continue using a Service after receiving conspicuous notice that these Terms apply.
If you do not agree to these Terms, do not access or use the Services.
You also acknowledge that you have reviewed our Master Privacy Policy, which explains how we collect, use, disclose, retain, and protect personal information. The Privacy Policy is primarily a disclosure of our privacy practices and is incorporated into these Terms only to the extent permitted by applicable law.
When an App is distributed through an app store or third-party platform, you may also be subject to that platform’s terms. These Terms govern your relationship with Mahj & Mischief and do not replace obligations imposed by an app store, operating-system provider, or device manufacturer.
2. UNITED STATES USE ONLY
The Services are offered and intended solely for individuals located in the United States. We do not represent that the Services comply with the laws of any country outside the United States.
You may not use the Services from a location where doing so would cause Mahj & Mischief to become subject to foreign registration, licensing, privacy, tax, or regulatory requirements.
3. ELIGIBILITY AND AGE REQUIREMENTS
Except for parent-operated use of Bedtime Dash:
- you must be at least 13 years old to use a Service;
- if you are under the age of majority in your state, your parent or legal guardian must review and accept these Terms for you; and
- you must be legally capable of entering into a binding agreement.
Red’s Radar is available only to individuals who are at least 18 years old. If your jurisdiction establishes a higher legal age for sports wagering, gambling-related content, or similar activities, you must meet that higher age even though Red’s Radar does not accept or facilitate wagers.
Bedtime Dash is intended to be selected, configured, and managed by a parent or legal guardian. A child may participate in a bedtime routine displayed through the App only under the direct supervision and control of that adult.
By allowing a minor to use a Service, you represent that you are the minor’s parent or legal guardian, accept these Terms on the minor’s behalf, and are responsible for the minor’s activity.
4. CHANGES TO THESE TERMS
We may revise these Terms when our Services, business practices, or legal obligations change.
For material changes, we will provide reasonable notice through the relevant App, by email, on our website, or through another appropriate method. When required, we will request renewed affirmative acceptance.
The updated Terms will identify their effective date. Continued use after the effective date of properly disclosed revisions constitutes acceptance to the extent permitted by law. Changes will not apply retroactively where prohibited.
5. LIMITED LICENSE AND OWNERSHIP
Subject to these Terms, Mahj & Mischief grants you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services for their intended personal purposes within the United States.
The Services and all material supplied by Mahj & Mischief—including software, source code, interfaces, organization, text, graphics, illustrations, icons, logos, trademarks, audio, animations, templates, design elements, data organization, and branding (“Company Content”)—are owned by or licensed to Mahj & Mischief and are protected by intellectual-property laws.
This license does not transfer ownership of a Service or Company Content to you.
Unless we give written permission, you may not:
- reproduce, sell, lease, license, sublicense, distribute, or commercially exploit a Service;
- copy, republish, or redistribute Company Content;
- modify, translate, or create derivative works from a Service;
- reverse engineer, decompile, disassemble, or attempt to discover source code, except to the limited extent such a restriction is prohibited by law;
- circumvent security, access controls, feature limits, or technical restrictions;
- remove copyright, trademark, or proprietary notices;
- use a Service or its outputs to develop, train, test, or benchmark a competing product;
- scrape, crawl, index, or use automated systems to collect information from the Services;
- frame or mirror any portion of a Service;
- use Company branding in a manner that suggests sponsorship, endorsement, or affiliation; or
- use the Services for commercial resale, service-bureau operation, or unauthorized business activity.
Third-party components may be governed by separate open-source or commercial licenses. Nothing in these Terms grants rights beyond those expressly provided by the applicable license.
6. ACCOUNTS AND ACCOUNT SECURITY
Some Services may permit or require an account.
You agree to:
- provide accurate and current account information;
- maintain the confidentiality of your password and access credentials;
- use a unique and reasonably secure password;
- prevent unauthorized access to your device and account;
- promptly update changed contact information; and
- notify us promptly if you suspect unauthorized access.
You are responsible for activity occurring through your account unless caused solely by our failure to use safeguards required by applicable law.
We may require identity or account verification before changing credentials, granting access, processing a privacy request, or restoring an account.
You may not create an account using false information, impersonate another person, or create an account for someone without authority.
7. USER CONTENT
“User Content” means information or material you enter, create, upload, photograph, scan, import, transmit, share, or store through a Service. Depending on the App, User Content may include:
- recipes, food photographs, recipe-card photographs, cookbook information, and grocery lists;
- goals, task lists, notes, vision-board images, schedules, and reminders;
- names or nicknames used in a child’s routine;
- routine steps, reward settings, recordings, and custom messages;
- group names, member information, invitations, RSVPs, schedules, and contact information;
- sports preferences, filters, selections, notes, and settings; and
- messages, feedback, support communications, logs, or screenshots you submit.
As between you and Mahj & Mischief, you retain the rights you lawfully hold in your User Content.
License Needed to Provide the Services
You grant Mahj & Mischief and its service providers a non-exclusive, worldwide, royalty-free license to host, store, reproduce, format, transmit, process, display, and otherwise handle User Content solely as reasonably necessary to:
- provide the features you request;
- synchronize or back up content when enabled;
- transmit invitations or communications you initiate;
- process images or text through an AI service when requested;
- protect the Services and prevent misuse;
- troubleshoot errors;
- provide customer support;
- comply with law; and
- enforce these Terms.
This license continues for as long as the content remains in the Services and for a reasonable period in backups, security records, or legally required records. We do not acquire ownership of your User Content through this license.
Your Representations
You represent that:
- you own the User Content or have all necessary rights and permissions to use it;
- your User Content does not violate another person’s copyright, trademark, privacy, publicity, contract, or other rights;
- you have permission before providing another person’s email address, telephone number, photograph, recording, or other personal information;
- your User Content is not unlawful, fraudulent, threatening, abusive, or malicious; and
- your User Content does not contain malware or harmful code.
Do not upload confidential information belonging to an employer, client, school, medical provider, or another third party unless you are authorized to do so.
8. PROHIBITED CONDUCT
You may not use a Service to:
- violate any applicable law, regulation, court order, or contractual obligation;
- harass, threaten, stalk, exploit, or harm another person;
- collect, track, or disclose personal information without lawful authority;
- send spam, unsolicited invitations, or unauthorized marketing communications;
- impersonate another person or misrepresent your affiliation;
- access another person’s account without permission;
- interfere with, damage, or overload a Service or its infrastructure;
- introduce viruses, malicious code, or harmful files;
- test or probe security without written authorization;
- evade account restrictions or suspension;
- use the Services for surveillance or covert tracking;
- store payment-card information, Social Security numbers, government identification numbers, account passwords, or other high-risk credentials;
- use a Service as a substitute for emergency, medical, safety, legal, financial, or professional systems;
- infringe intellectual-property rights;
- manipulate sports information or present information from Red’s Radar as guaranteed betting advice;
- use Bedtime Dash without responsible adult supervision; or
- encourage another person to engage in unlawful gambling.
We may investigate suspected misuse and cooperate with lawful authorities.
9. LOCAL STORAGE, CLOUD STORAGE, AND DATA LOSS
The Services use different storage methods.
Local-First Features
Some information may be stored in your browser, device storage, local database, cache, or installed web application. Depending on the App, we may not be able to access, recover, or restore this information.
Local information may be lost if you:
- clear browser data, cookies, cache, or site storage;
- uninstall the App;
- use a private browsing mode;
- replace, reset, damage, or lose your device;
- change browsers or browser profiles;
- lose access to the device;
- install an operating-system or browser update;
- exceed device-storage limits; or
- experience corruption, malfunction, or unauthorized access.
Cloud Features
Some Services may use accounts, cloud databases, hosting, synchronization, AI processing, communications, or other network-connected providers.
Cloud storage and synchronization may be interrupted, delayed, incomplete, duplicated, corrupted, or unavailable. Synchronization does not guarantee that every version of a file or record can be recovered.
Your Backup Responsibility
You are responsible for maintaining independent copies of information important to you.
Where backup and export features are offered, you should use them regularly and verify that exported files can be opened or restored.
A PDF export may provide a readable copy but may not contain all information required to restore an App. A designated backup file may be required for restoration even if that file is not human-readable.
Do not use the Services as the sole repository for information whose loss could cause injury, distress, financial loss, legal consequences, or business interruption.
10. AI AND AUTOMATED FEATURES
Some Services may use artificial intelligence, optical character recognition, or automated processing to extract, generate, categorize, summarize, or format information.
Depending on the feature and configuration, processing may involve one or more services provided by Google Gemini, OpenAI services such as ChatGPT or its API, or Anthropic Claude. OpenAI Codex and Lovable may also be used by Mahj & Mischief during development, maintenance, testing, or support.
AI and automated outputs may be inaccurate, incomplete, misleading, outdated, duplicated, or unsuitable. These features may misread handwriting, measurements, ingredients, names, instructions, images, dates, quantities, or other information.
You are responsible for reviewing and correcting all output before relying on, saving, sharing, or acting upon it.
AI output is not professional advice and is not guaranteed to be unique or free from similarity to material generated for others.
When you activate an AI feature, relevant input may be transmitted to a third-party processor. Do not submit:
- confidential information;
- health records;
- financial-account information;
- government identification information;
- private information about a child;
- trade secrets;
- information you lack authority to disclose; or
- copyrighted material you are not authorized to process.
The availability and operation of an AI feature may change when a provider modifies its service, pricing, terms, model, or technical interface.
11. THIRD-PARTY SERVICES AND CONTENT
The Services may depend on or link to third-party products, including:
- Netlify for hosting, deployment, and related operational services;
- Supabase for database, authentication, storage, or cloud functionality;
- Google Gemini, OpenAI, and Anthropic for AI processing where enabled;
- OpenAI Codex and Lovable for development, maintenance, testing, or support;
- GoDaddy for business email services;
- app stores;
- browsers and operating systems;
- telephone carriers and user-selected messaging applications; and
- other services you choose to connect or use.
Mahj & Mischief does not currently maintain a dedicated contracted sports-data provider for Red’s Radar. Sports information may be entered by users, manually curated, or obtained from publicly available sources. Any sports information must be independently verified.
Third-party services are not controlled by Mahj & Mischief. Their availability, security, accuracy, data handling, and conduct are governed by their own terms and policies.
We do not guarantee that third-party services will remain available or compatible. We may replace, discontinue, or modify an integration without liability, subject to applicable law.
Links and integrations do not constitute endorsement.
12. COMMUNICATIONS, INVITATIONS, AND NOTIFICATIONS
A Service may allow you to initiate invitations, reminders, emails, text messages, push notifications, or other communications. Business email sent directly by Mahj & Mischief may be routed through GoDaddy’s email services. User-initiated messages may also rely on the user’s own device, carrier, or selected email or messaging application.
You represent that:
- you have permission to provide each recipient’s contact information;
- each communication is authorized and appropriate;
- you will not use the Services to send spam or unlawful marketing;
- you will honor a recipient’s request not to be contacted; and
- you are responsible for the content and recipients you select.
Message and data rates may apply. Delivery is not guaranteed. Communications may be delayed, blocked, filtered, misdirected, duplicated, or undelivered because of carrier, email, device, provider, or network conditions.
Notifications and reminders are convenience features only. You must not rely on them for emergencies, medication, child safety, legal deadlines, financial deadlines, transportation, attendance, caregiving, or other time-critical responsibilities.
You may disable notifications through App or device settings. Where a communication contains an unsubscribe or opt-out method, use that method to stop optional communications.
Consent to receive marketing communications, if ever requested, will be separate from acceptance of these Terms and will not be a condition of purchasing a Service unless permitted by law.
13. PAID FEATURES, PURCHASES, AND REFUNDS
Some Services may be free, while others may offer paid downloads, subscriptions, upgrades, or features.
Before a charge is incurred, the applicable purchase screen or app store will disclose the price and material billing terms.
Purchases processed by an app store or third-party payment provider are also governed by that provider’s terms and refund procedures.
Unless required by law or expressly stated at purchase:
- fees are nonrefundable after the applicable Service has been delivered or activated;
- taxes may be added;
- you are responsible for authorized charges made through your account; and
- loss of locally stored information does not automatically entitle you to a refund.
We will not automatically renew a paid subscription unless the renewal terms and cancellation process are conspicuously disclosed and you affirmatively agree.
14. GENERAL HIGH-RISK AND PROFESSIONAL-ADVICE DISCLAIMER
The Services are designed for personal organization, recreation, household convenience, and entertainment.
They are not designed, tested, certified, or intended for:
- emergency response;
- medical monitoring or diagnosis;
- medication management;
- clinical treatment;
- mental-health treatment;
- professional childcare;
- child-location or child-safety monitoring;
- life-threatening allergy management;
- regulated financial recordkeeping;
- legal compliance;
- professional tax or accounting records;
- public-safety operations;
- transportation control;
- gambling operations; or
- any circumstance in which failure, delay, or data loss could reasonably result in death, bodily injury, serious emotional harm, property damage, or substantial financial loss.
The Services do not provide medical, dietary, nutritional, therapeutic, behavioral, parenting, legal, tax, accounting, investment, financial, or gambling advice.
Consult an appropriately qualified professional for advice requiring professional judgment.
15. APP-SPECIFIC TERMS
15.1 Gather Recipe Collector
Gather is an organization and convenience tool. It is not a food-safety, allergy, dietary, or medical system.
You are responsible for verifying:
- ingredients;
- measurements;
- preparation steps;
- cooking temperatures;
- cooking times;
- storage instructions;
- allergens;
- cross-contamination risks;
- dietary suitability; and
- whether a recipe is safe for each person who may consume it.
AI or image-reading features may misread handwritten or printed recipe cards. A misplaced decimal, omitted ingredient, or incorrect temperature can create serious risk. Always compare extracted text with the original source.
Do not rely on Gather to manage life-threatening allergies, diabetes, medical diets, food intolerances, or other health conditions.
You are responsible for obtaining rights to photographs, illustrations, recipe descriptions, and other material you upload or share.
Gather may provide both readable cookbook exports and separate backup or restoration files. A readable PDF is not necessarily a restorable backup. Maintain independent copies of both when available.
15.2 Thrive Vision Board & Task Manager
Thrive is a personal planning, motivational, and organizational tool.
It is not therapy, counseling, mental-health treatment, medical care, financial planning, or a guarantee that any goal will be achieved.
Vision-board content, suggestions, reminders, trackers, and motivational features are informational and subjective. You remain responsible for decisions, commitments, deadlines, and actions.
Do not store irreplaceable photographs or critical records solely in Thrive.
You must have permission to use images, quotes, artwork, or other content added to a vision board.
Thrive reminders must not be used for medication, emergency care, legal filing dates, financial payments, child pickup, transportation, or other critical obligations.
15.3 Bedtime Dash
Bedtime Dash is a parent-operated household routine tool. It is not professional childcare, medical treatment, sleep therapy, behavioral therapy, or a child-safety system.
A responsible adult must:
- configure the routine;
- determine whether each activity is age-appropriate;
- supervise the child;
- maintain control of the device;
- determine whether audio or rewards are appropriate;
- address hazards and emergencies; and
- independently ensure the child’s health and safety.
Timers, sounds, animations, reminders, reward charts, and routine-completion indicators may malfunction, stop, reset, or display incorrectly.
Bedtime Dash does not determine whether a child is asleep, safe, healthy, or properly supervised.
Children may not create accounts, enter contact information, communicate with unknown persons, or independently enable cloud-sharing features.
Do not enter a child’s full legal name, address, school, exact birthdate, health information, precise location, photograph, voice recording, or other identifying information. Use a nickname or first name only where a name is helpful.
Mahj & Mischief does not intentionally use an AI feature inside Bedtime Dash to process a child’s personal information. If a future feature would collect personal information online from a child under 13, that feature will not be enabled until the legally required notice and parental-consent process is implemented.
15.4 Mahj Mischief Manager
Mahj Mischief Manager is a scheduling and social-coordination tool.
Hosts, administrators, and group members are responsible for confirming schedules, locations, attendance, guest eligibility, substitutions, and communications independently.
The App does not guarantee that:
- invitations will be delivered;
- recipients will see or respond to messages;
- attendance information is current;
- a schedule is conflict-free;
- a venue is available;
- a game will occur; or
- contact information is accurate.
A host or administrator may not add another person’s telephone number, email address, photograph, or personal details without permission.
Group administrators are responsible for limiting access to appropriate participants and removing users who should no longer have access.
The App must not be used for emergency communication, transportation coordination involving safety-critical reliance, or professional event-management obligations without independent verification.
15.5 Red’s Radar
Red’s Radar is a sports-information and entertainment tool. It is not a sportsbook, gambling operator, broker, financial adviser, tip service, or fiduciary.
Red’s Radar does not:
- accept wagers;
- hold gambling funds;
- process betting transactions;
- place bets on a user’s behalf;
- guarantee an outcome;
- guarantee the accuracy of a prediction; or
- endorse a sportsbook or wagering strategy unless expressly disclosed.
Sports information—including scores, odds, lines, injuries, statistics, schedules, standings, and results—may be delayed, incomplete, incorrect, manually entered, or changed without notice.
Mahj & Mischief does not currently maintain a dedicated contracted sports-data provider. You must independently verify every item of sports information before making any decision.
Any decision to gamble through an unaffiliated third party is yours alone. You are solely responsible for:
- determining whether gambling is legal where you are located;
- meeting all age requirements;
- understanding sportsbook terms;
- setting personal limits;
- paying taxes;
- complying with law; and
- accepting the risk of losing money.
Past performance, trends, projections, and statistics do not guarantee future results.
Never gamble with money needed for housing, food, medical care, debt payments, education, taxes, or other essential expenses.
Red’s Radar may not be used to facilitate illegal gambling, evade location restrictions, provide wagering access to a minor, or misrepresent the source or certainty of sports information.
Team names, league names, marks, and data may belong to third parties. Their appearance does not imply sponsorship, endorsement, or affiliation.
16. FEEDBACK
If you submit an idea, suggestion, or feedback about a Service, you grant Mahj & Mischief a perpetual, irrevocable, worldwide, royalty-free, and transferable right to use, reproduce, modify, disclose, and incorporate that feedback without restriction or compensation.
This provision does not give us ownership of private User Content unrelated to feedback.
17. COPYRIGHT AND INTELLECTUAL-PROPERTY CONCERNS
We respect intellectual-property rights.
If you believe material made available through a Service infringes your copyright or other intellectual-property rights, send a written notice to LetsPlay@MahjMischief.com with the subject line “Copyright Complaint.”
Your notice should include:
- identification of the protected work;
- identification and location of the disputed material;
- your name and contact information;
- a statement explaining why you believe the use is unauthorized;
- a statement that the information in the notice is accurate and that you are the owner or authorized to act for the owner; and
- your physical or electronic signature.
We may remove or restrict access to disputed material and may terminate repeat infringers where appropriate.
18. SUSPENSION AND TERMINATION
You may stop using a Service at any time.
Where available, you may request account deletion through the App or by contacting us.
We may suspend, restrict, or terminate access if we reasonably believe that:
- you violated these Terms;
- your conduct creates legal, security, or safety risk;
- you used the Services fraudulently or unlawfully;
- suspension is required by law;
- a third-party provider discontinues a necessary service; or
- continued operation is no longer commercially or technically practical.
Where reasonable and lawful, we will provide notice.
Termination ends your license. Sections that by their nature should survive—including ownership, disclaimers, liability limitations, indemnification, and dispute provisions—will survive.
Account termination may result in loss of cloud-stored information. Deleting an App may result in immediate loss of local information.
19. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
MAHJ & MISCHIEF DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND SYSTEM INTEGRATION.
We do not warrant that:
- a Service will meet your needs;
- information will be accurate, current, or complete;
- a Service will be uninterrupted or error-free;
- defects will be corrected;
- communications or notifications will be delivered;
- information will never be lost;
- a Service will be compatible with every device or browser;
- a Service will be free of harmful components; or
- unauthorized access will never occur.
Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, disclaimers apply only to the maximum extent permitted.
20. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MAHJ & MISCHIEF AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR USE, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS.
This exclusion applies regardless of legal theory and even if a party was advised that damages were possible.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF MAHJ & MISCHIEF FOR ALL CLAIMS ARISING FROM OR RELATING TO A PARTICULAR SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID MAHJ & MISCHIEF FOR THAT SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
- ONE HUNDRED U.S. DOLLARS ($100).
The limitations apply to, among other things:
- data loss;
- missed reminders;
- failed communications;
- scheduling errors;
- AI errors;
- recipe-extraction errors;
- food-related decisions;
- third-party outages;
- sports-data errors;
- wagering decisions;
- unauthorized access not caused by legally actionable misconduct;
- device malfunction; and
- inability to access a Service.
Nothing in these Terms excludes liability that cannot legally be excluded or limited. The foregoing limitations do not restrict nonwaivable statutory rights.
The limitations are an essential basis of the agreement and apply even if a remedy fails of its essential purpose.
21. INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Mahj & Mischief and its members, managers, employees, contractors, and affiliates from third-party claims, liabilities, damages, judgments, losses, and reasonable legal expenses arising from:
- your unlawful or unauthorized use of a Service;
- your material violation of these Terms;
- your User Content;
- your infringement of another person’s rights;
- your unauthorized use of another person’s contact information;
- communications you initiate;
- your illegal gambling activity; or
- your intentional misconduct.
This obligation does not require you to indemnify a protected party for that party’s own legally actionable misconduct.
We may control the defense of a covered claim, and you agree to reasonably cooperate. We will not settle a claim in a manner that admits your liability or imposes a nonmonetary obligation on you without your consent.
22. DISPUTE RESOLUTION, ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER
22.1 Informal Resolution
Before filing a lawsuit or arbitration, the complaining party must send a written “Notice of Dispute” describing:
- the party’s name and contact information;
- the relevant account or App;
- the facts and legal basis of the dispute;
- the specific relief requested; and
- the amount sought, if applicable.
Send the notice by email to LetsPlay@MahjMischief.com with the subject line “Notice of Dispute.”
The parties will attempt in good faith to resolve the dispute for at least 30 days after receipt. Any applicable limitations period will be tolled during that 30-day period to the extent permitted by law.
22.2 Individual Binding Arbitration
Except for disputes excluded below, any dispute, claim, or controversy arising from or relating to the Services, these Terms, or the relationship between you and Mahj & Mischief will be resolved through final and binding individual arbitration rather than in court.
The Federal Arbitration Act governs this section.
Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules, as modified by these Terms. The arbitrator may award the same individual remedies available in court, subject to these Terms and applicable law.
The arbitration may occur by documents, telephone, video, or in person, as permitted by the applicable rules.
Mahj & Mischief will pay arbitration fees to the extent required by the applicable rules or law. Each party will bear its own attorneys’ fees unless a statute or valid claim authorizes fee shifting.
22.3 Exceptions
Either party may:
- bring an eligible individual claim in small-claims court;
- seek temporary or preliminary relief in court to prevent actual or threatened infringement, unauthorized access, data misuse, or security interference; or
- pursue a matter that applicable law prohibits from being arbitrated.
22.4 Class and Representative Action Waiver
YOU AND MAHJ & MISCHIEF AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.
The arbitrator may not consolidate claims of different individuals or preside over a representative proceeding unless both parties agree in writing.
If a final court decision determines that this waiver is unenforceable as to a particular claim or requested remedy, that claim or remedy will proceed in court after arbitrable matters are completed.
22.5 Jury-Trial Waiver
TO THE EXTENT A DISPUTE PROCEEDS IN COURT, YOU AND MAHJ & MISCHIEF KNOWINGLY AND VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
22.6 Arbitration Opt-Out
You may opt out of this arbitration agreement by sending written notice within 30 days after first accepting these Terms.
Your notice must include:
- your full name;
- the email address associated with your account, if any;
- the App or Apps you use;
- a clear statement that you opt out of arbitration; and
- your typed or electronic signature.
Send the opt-out to LetsPlay@MahjMischief.com with the subject line “Arbitration Opt-Out.”
Opting out of arbitration will not affect the remaining Terms and will not result in denial of access to the Services.
22.7 Changes to Arbitration Terms
If we materially change this arbitration section after you accept it, we will provide notice. You may reject the changed arbitration provision by following the instructions in that notice. Rejection does not revive an arbitration provision you previously opted out of.
23. GOVERNING LAW AND COURT VENUE
These Terms are governed by the Federal Arbitration Act and, where state law applies, the laws of the State of Texas, without regard to conflict-of-law principles.
For disputes not subject to arbitration or small-claims court, exclusive jurisdiction and venue will lie in the state or federal courts located in Travis County, Texas, except where applicable consumer law requires another venue.
You and Mahj & Mischief consent to personal jurisdiction in those courts.
24. ELECTRONIC COMMUNICATIONS
You agree that electronic records, notices, disclosures, and signatures may satisfy legal requirements for written communications.
You are responsible for maintaining an email address and device capable of receiving notices associated with your account.
You may retain copies of these Terms and notices electronically or by printing them.
25. GENERAL PROVISIONS
Entire Agreement
These Terms, the Privacy Policy, applicable App-specific notices, and any purchase terms presented at checkout constitute the agreement between you and Mahj & Mischief concerning the Services.
Order of Precedence
App-specific terms control over general terms for the relevant App. Separately signed agreements control over these Terms to the extent of an express conflict.
Severability
If a provision is found invalid or unenforceable, it will be enforced to the maximum lawful extent and the remainder will remain effective, subject to the special rules in Section 22.
No Waiver
Failure to enforce a provision is not a waiver.
Assignment
You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or transfer of a Service, subject to applicable privacy law.
No Third-Party Beneficiaries
Except as expressly stated, these Terms do not create rights for third parties.
Force Majeure
Mahj & Mischief is not responsible for delay or failure caused by events beyond reasonable control, including natural disasters, utility failures, internet outages, labor disputes, governmental actions, war, terrorism, epidemics, provider outages, or cyberattacks, except to the extent liability cannot be excluded.
Headings
Headings are for convenience and do not alter interpretation.
26. CONTACT INFORMATION
Mahj & Mischief LLC
Austin, Texas 78732
United States
Email: LetsPlay@MahjMischief.com