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Legal

Terms of Use

These Terms of Use (“Terms”) form a legal agreement between you and Caraballo Technologies, a business registered in Harris County, Texas, USA (“Caraballo Technologies,” “Company,” “we,” “us,” or “our”), regarding your access to and use of:

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 13 years old, or the minimum age required to use the Services in your jurisdiction, to use the Services. If you are under the age of majority where you live, you may use the Services only with the permission and supervision of a parent or legal guardian.

2. Your Account

Some features may require you to create an account. You agree to provide accurate information, keep your credentials secure, and remain responsible for activity under your account. You may not impersonate another person or access another user’s account without authorization.

3. License to Use the Services

Subject to these Terms, Caraballo Technologies grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal, lawful, and internal use only.

This license does not transfer any ownership rights to you. The Services are licensed, not sold. All rights not expressly granted are reserved by Caraballo Technologies and its licensors.

4. Ownership and Intellectual Property

Rack IQ and IAC are products of Caraballo Technologies. Except for third-party or open-source components that are subject to their own license terms, Caraballo Technologies owns all right, title, and interest in and to the Services, including all software, code, source code, object code, databases, designs, layouts, user interfaces, text, graphics, logos, icons, images, videos, trademarks, service marks, trade dress, documentation, rankings, analytics, and other content and technology associated with the Services.

“Rack IQ,” “IAC,” Caraballo Technologies branding, logos, and related identifiers are proprietary to Caraballo Technologies unless otherwise stated. You may not use, reproduce, modify, distribute, display, publish, license, sell, or create derivative works from our protected materials except as expressly permitted by these Terms, by applicable law, or by our prior written consent.

5. Permitted Public References

You may make truthful, non-confidential, non-misleading statements about publicly available information regarding the Services, including recommendations, reviews, and general references to our products online or offline.

However, you may not:

6. Restrictions on Use

You may not, and may not permit any other person to:

7. User Content, Submissions, and Feedback

If you submit information, comments, messages, support requests, profile details, gameplay inputs, or other content through the Services (“Submissions”), you represent that you have the right to do so.

You retain ownership of your Submissions, but you grant Caraballo Technologies a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt, and use those Submissions as reasonably necessary to operate, support, secure, improve, and provide the Services in accordance with our Privacy Policy.

If you provide feedback, suggestions, or ideas regarding the Services, you grant us the right to use them without restriction or compensation to you.

8. Rankings, Analytics, and Informational Outputs

Rack IQ may provide rankings, scores, analytics, insights, strengths, weaknesses, recommendations, and other performance-related outputs. These outputs are informational tools only. They are not guarantees of skill, competitive results, future performance, or commercial value.

9. Privacy

Your use of the Services is also subject to our Privacy Policy, which describes how we collect, use, retain, and protect information.

10. Service Availability, Updates, and Beta Features

We may modify, update, suspend, discontinue, or remove any part of the Services at any time. Features may change, be delayed, contain errors, or be offered in beta, preview, or experimental form.

We are not obligated to continue offering any specific feature, content, ranking method, compatibility, or integration unless we expressly agree otherwise in writing.

11. Suspension, Termination, and Refusal of Service

To the extent permitted by law, we reserve the right to suspend, restrict, terminate, or refuse access to the Services, in whole or in part, at any time and with or without notice, if we believe it is necessary to protect the Services, our users, our business, our rights, or to address suspected abuse, fraud, legal risk, security concerns, policy violations, or other inappropriate conduct.

Upon termination, the license granted to you under these Terms ends immediately, and you must stop using the Services. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnification, dispute terms, and other continuing provisions.

12. Third-Party Services and Open-Source Components

The Services may interoperate with or rely on third-party platforms, hosting providers, app stores, device manufacturers, communication providers, analytics tools, or open-source software. Your use of third-party products or services may be governed by separate terms and policies, and Caraballo Technologies is not responsible for third-party products or services we do not control.

13. Additional Terms for Apple App Store Users

This Section 13 applies only if you access the Rack IQ iOS application obtained through Apple’s App Store. To the extent this Section applies, it is intended to satisfy the minimum terms Apple requires for a custom end user license agreement.

13.1 Agreement between you and us

You acknowledge that these Terms are concluded between you and Caraballo Technologies only, and not with Apple, and that Caraballo Technologies, not Apple, is solely responsible for the iOS app and its content, except as otherwise required by applicable law.

13.2 Scope of iOS license

The license granted to you for the iOS app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, and as otherwise permitted by Apple’s applicable usage rules and terms.

13.3 Maintenance and support

Caraballo Technologies is solely responsible for providing any maintenance and support services for the iOS app as required by applicable law or as expressly offered by us. Apple has no obligation whatsoever to furnish any maintenance or support services for the iOS app.

13.4 Warranty

To the maximum extent permitted by applicable law, the iOS app is provided “as is” and “as available.” To the extent any warranty cannot be effectively disclaimed under applicable law, Caraballo Technologies is solely responsible for that warranty. If the iOS app fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, paid for the iOS app. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation with respect to the iOS app.

13.5 Product claims

Caraballo Technologies, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS app or your possession and use of the iOS app, including product liability claims, claims that the iOS app fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar laws.

13.6 Intellectual property claims

In the event of any third-party claim that the iOS app or your possession and use of the iOS app infringes that third party’s intellectual property rights, Caraballo Technologies, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of that claim, to the extent required by applicable law.

13.7 Legal compliance

You represent and warrant that you are not located in a country or region subject to a U.S. government embargo, are not designated by the U.S. government as a terrorist-supporting country or region, and are not listed on any U.S. government list of prohibited or restricted parties.

13.8 Third-party terms

You must comply with all applicable third-party terms when using the iOS app, including any applicable wireless carrier, data-service, device, marketplace, or operating-system terms.

13.9 Apple as third-party beneficiary

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS app, and that upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

14. Additional Terms for Google Play and Android Users

If you obtain the Android version of the app through Google Play or another Android marketplace, your use of that marketplace is also governed by the applicable store’s terms.

If Caraballo Technologies later offers digital goods, subscriptions, or other paid digital features within a Google Play-distributed Android app, those transactions may also be subject to Google Play’s applicable billing and platform requirements.

15. Disclaimers

To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, quiet enjoyment, or that the Services will be uninterrupted, error-free, or secure.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above disclaimers may not apply to you. Nothing in these Terms limits any non-waivable consumer rights you may have under applicable law.

16. Limitation of Liability

To the maximum extent permitted by applicable law, Caraballo Technologies and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, business opportunities, or other intangible losses, arising out of or related to your use of or inability to use the Services.

To the maximum extent permitted by applicable law, the total aggregate liability of Caraballo Technologies for all claims arising out of or relating to the Services or these Terms will not exceed the greater of: (a) fifty U.S. dollars (US $50), or (b) the amount you paid to Caraballo Technologies, if any, for the specific Services giving rise to the claim during the twelve (12) months before the event giving rise to liability.

Some jurisdictions do not allow certain limitations of liability, so some of the above limitations may not apply to you.

17. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Caraballo Technologies and its owners, officers, employees, contractors, affiliates, licensors, and service providers from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

18. Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Texas, USA, without regard to conflict-of-law principles, except to the extent consumer protection laws in your jurisdiction require otherwise.

Unless applicable law provides otherwise, you and Caraballo Technologies agree that any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in Harris County, Texas, and each party consents to the personal jurisdiction and venue of those courts.

19. Export and Sanctions Compliance

You may not use, export, re-export, or transfer the Services except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained or are used.

20. Changes to These Terms

We may update these Terms from time to time. When we do, we will post the revised version on this page and update the “Last Updated” date above. By continuing to use the Services after updated Terms become effective, you agree to the revised Terms.

21. General Terms

If any provision of these Terms is held unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

Our failure to enforce any provision is not a waiver of that provision or any other provision. You may not assign these Terms without our prior written consent. We may assign these Terms as part of a merger, acquisition, financing, reorganization, or sale of assets, or by operation of law.

These Terms, together with the Privacy Policy and any additional terms expressly incorporated by reference, constitute the entire agreement between you and Caraballo Technologies regarding the Services.

22. Contact Information

Questions, complaints, claims, and legal notices regarding the Services should be directed to:

Caraballo Technologies
Harris County, Texas, USA
Mailing Address: [INSERT BUSINESS MAILING ADDRESS]
Phone: [INSERT BUSINESS PHONE NUMBER]
Email: michael@rackiq.app
Website: https://www.rackiq.app