Terms of Use

These Terms of Use ("Terms") govern your use of The Burrow mobile application ("the App"). The App is owned by Mysterious LLC, doing business as Plushie Dreadfuls, and is published, developed, and operated by Ensonova LLC under a development and publishing agreement with Mysterious LLC. By downloading, installing, or using the App you agree to these Terms. If you do not agree, do not use the App.

In these Terms, "we", "us", and "our" refer to Ensonova LLC, as the publisher and developer of the App, and to Mysterious LLC, as the owner of the App and the underlying Plushie Dreadfuls intellectual property, jointly. "You" refers to the person installing or using the App.

1. Eligibility

The App is rated 4+ on the Apple App Store and Everyone on Google Play, and is available to general audiences. If you are a minor under the age of majority in your place of residence, you may use the App only with the involvement of a parent or legal guardian, who must read and agree to these Terms on your behalf and supervise your use of the App. By using the App on behalf of a minor, that parent or legal guardian agrees to these Terms for the minor and is responsible for the minor's use of the App.

2. License to use the App

Subject to your compliance with these Terms and your payment of any applicable purchase price through the Apple App Store or Google Play, Ensonova LLC, with the authorization of Mysterious LLC as the owner of the App, grants you a limited, personal, non transferable, non sublicensable, non exclusive, revocable license to install and use one copy of the App on a device that you own or control, for your own personal and non commercial use. All rights not expressly granted are reserved.

You receive the App from the Apple App Store or Google Play, and your use is also subject to the Apple Media Services Terms and Conditions or the Google Play Terms of Service, as applicable. Where there is a direct conflict between those store terms and these Terms, the store terms prevail with respect to your purchase and the relationship between you and the store operator.

3. Apple specific terms

If you installed the App on an Apple device, the following also applies. These Terms are between you and Ensonova LLC and Mysterious LLC only, not with Apple Inc. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support for the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price; to the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the App or your use of it infringes that third party's intellectual property rights. Apple and Apple's subsidiaries are third party beneficiaries of these Terms and have the right to enforce them against you.

4. No account

The App does not require you to create an account. You do not need to provide your name, email, or any other contact information to use the App. Any future feature that requires an account will be offered as an option, not a requirement.

5. Your content

Anything you write, draw, sticker, mood mark, or otherwise enter in the App is your content. You own it. The App keeps that content on your device. Neither Ensonova LLC nor Mysterious LLC has access to it, sees it, or stores it on any server controlled by us. If you export your journal as a Markdown file, that file is created on your device and what happens to it after that is up to you.

You are responsible for backing up your own content if you want a copy outside the App. The App is not a backup service. Deleting the App or wiping your device deletes your content.

6. Acceptable use

You agree not to do any of the following with the App:

• Reverse engineer, decompile, or attempt to extract the source code of the App, except to the extent that this restriction is prohibited by applicable law.
• Modify, adapt, translate, or create derivative works from the App.
• Remove, alter, or obscure any proprietary notices on the App.
• Use the App in a way that violates any law, regulation, or third party right.
• Use the App to harm or harass others, including by exporting and distributing content that you do not have the right to distribute.
• Use any automated means to access or use the App.

7. Intellectual property

The App, including its name, logos, design, plushie art, stickers, copy, code, and other content, is owned by Mysterious LLC, and is protected by United States and international copyright, trademark, and other intellectual property laws. "The Burrow", "Plushie Dreadfuls", and the Plushie Dreadfuls plushie designs are trademarks of Mysterious LLC. Ensonova LLC develops, publishes, and operates the App under a development and publishing agreement with Mysterious LLC, and the trademark "Ensonova" is owned by Ensonova LLC. These Terms do not grant you any rights to those trademarks or any other rights in the App other than the limited license in section 2.

8. Purchases, taxes, refunds

The App is sold for a one time purchase price set by us in the Apple App Store and Google Play. The price you see at the time of purchase may include taxes depending on your country, in line with the store operator's rules. Refunds are handled by Apple or Google under their own policies. We do not process refunds directly.

We reserve the right to change the price of the App at any time, including ending any introductory pricing, with effect for future purchases only. Past purchases at a lower price are not affected.

9. Updates and changes to the App

We may release updates from time to time. Some updates may add features, change features, or remove features. Some updates may be required for security or compatibility reasons, and your device may install them automatically depending on your store settings. We are not obligated to continue offering any specific feature, integration, or piece of content. We may end support for older operating system versions in line with normal industry practice.

10. Not a medical service

11. Third party links and services

The App includes optional links to third party websites and services, including the Plushie Dreadfuls online shop, the Apple App Store or Google Play rating prompt, and the Ensonova website. We do not control those third parties and are not responsible for their content, their privacy practices, or any transactions you enter into with them. Your use of any linked third party site or service is governed by that third party's terms and privacy policy.

12. Disclaimers

The App is provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, Ensonova LLC, Mysterious LLC, and our officers, directors, employees, agents, affiliates, and licensors disclaim 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 the App will be uninterrupted, secure, error free, or free of viruses or other harmful components, that defects will be corrected, or that the App will meet your requirements or be available at any particular time or location.

13. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Ensonova LLC, Mysterious LLC, or our officers, directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, or loss of use, arising out of or in connection with these Terms, the App, or your use of or inability to use the App, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or in connection with these Terms or the App is limited to the greater of the amount you paid for the App in the twelve months preceding the claim, or twenty five United States dollars.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the exclusions and limitations above may not apply to you. In those jurisdictions, our liability is limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless Ensonova LLC, Mysterious LLC, and our officers, directors, employees, agents, affiliates, and licensors from and against any claims, demands, actions, liabilities, losses, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the App, your breach of these Terms, or your violation of any law or any rights of any third party.

15. Termination

These Terms remain in effect while the App is installed on your device. We may terminate or suspend your license to use the App at any time, with or without notice, if you breach these Terms. You may terminate these Terms at any time by uninstalling the App. The sections of these Terms that by their nature should survive termination will survive, including sections 5, 7, 12, 13, 14, 16, 17, 18, and 19.

16. Governing law and venue

These Terms and any dispute between you and us arising out of or relating to these Terms or the App are governed by the laws of the State of Delaware, USA, without regard to its conflict of law principles. For customers in jurisdictions whose mandatory consumer law provides protections that cannot be derogated from by agreement, those protections continue to apply.

17. Binding arbitration and class action waiver

Any dispute, claim, or controversy between you and Ensonova LLC or Mysterious LLC arising out of or relating to these Terms or the App will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be held in Delaware, USA, or by telephone or video conference at the election of the consumer. Judgment on the award may be entered in any court of competent jurisdiction.

The parties 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 representative proceeding. The arbitrator may not consolidate the claims of multiple parties.

Notwithstanding the above, either party may bring an individual claim in small claims court, and either party may seek emergency injunctive relief in a court of competent jurisdiction. Where mandatory consumer law of your country of residence makes this section unenforceable in whole or in part, that law prevails to the extent of the conflict.

18. Changes to these Terms

If we change these Terms, we will update the "last updated" date at the top and post the new version at this URL. Material changes will be highlighted at the top of this page for at least thirty days. Continued use of the App after a change takes effect means you accept the updated Terms.

19. Miscellaneous

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the App and supersede any prior agreements on the same subject. If any provision is held to be unenforceable, the remaining provisions remain in effect. Our failure to enforce any right under these Terms is not a waiver of that right. You may not assign or transfer these Terms; we may assign these Terms in connection with a merger, acquisition, or sale of assets. Section headings are for convenience only.

20. How to contact us

For questions about these Terms or the App, write to Ensonova LLC, the publisher, at support@ensonova.com, with the subject line "The Burrow terms".

For questions about ownership of the App or the Plushie Dreadfuls intellectual property, write to Mysterious LLC at mysterious.emailbox@gmail.com.