Terms & Agreements

These Terms & Conditions (the “Terms”) are a binding agreement between you and Watchmen Ventures LLC, doing business as NOOT (“NOOT,” “we,” “us,” or “our”). They govern your access to and use of the NOOT mobile application, websites, communications, and related tutoring marketplace services (collectively, the “Services”).

By creating an account, clicking to accept, confirming a Booking, providing a Session, or otherwise using the Services, you agree to these Terms, the Privacy Policy, and the Community Guidelines. If you do not agree, do not use the Services.

1. Definitions

“Student” means a User seeking or purchasing tutoring. “Tutor” means an independent User offering tutoring. “User” means any person with a NOOT account. “Session” means a tutoring appointment booked through the Services. “Booking” means a Session confirmed in the Services. “Session Price” means the Tutor’s listed price for a Session, before any applicable NOOT credit or tax. “Tutor Platform Fee” means the fee deducted from the Tutor’s allocation as described in Section 7. “Verified Tutor” means a Tutor designated as “Verified” in the Services for purposes of the applicable Tutor Platform Fee; that designation has only the meaning expressly indicated in the Services and is not a guarantee of safety, qualifications, or results. “Tutor Earnings” means the amount allocated to a Tutor after applicable Tutor Platform Fees, refunds, reversals, taxes, and adjustments. “Payment Processor” means Stripe or another provider used for payments and payouts. “NOOT Credit” means a promotional credit applied through the Services, subject to the terms disclosed for that credit. “User Content” means content a User submits through the Services.

2. Eligibility: Adults Only

You must be at least 18 years old, legally able to enter a contract, and permitted to use the Services under applicable law. NOOT does not permit accounts for minors. By using the Services, you represent and warrant that you satisfy these requirements. If you act for an organization, you also represent that you have authority to bind it.

3. Accounts, Verification, and Credentials

• Provide accurate, current, and complete information and promptly update it.
• Create and use only your own genuine account unless NOOT expressly approves another arrangement. Do not impersonate anyone, share an account, or create duplicate, false, or misleading accounts.
• Protect your credentials, use reasonable security practices, and promptly report suspected unauthorized access. You are responsible for activity through your account unless caused by NOOT’s breach of duty.
• Complete any university-email, identity, age, Tutor-qualification, payment, connected-account, payout, or tax verification reasonably required by NOOT or the Payment Processor.
• Understand that verification is limited to the checks expressly identified in the Services. Unless NOOT expressly states otherwise, verification is not a background check, endorsement, guarantee, professional license, or assurance of identity, safety, suitability, or tutoring quality.

4. NOOT’s Marketplace Role

NOOT provides technology that helps Students discover and communicate with independent Tutors, book and schedule Sessions, and facilitate payment. NOOT is not a school, university, educational institution, tutoring provider, employer, staffing agency, agent, or representative of a Student or Tutor. NOOT is not affiliated with a university merely because Users verify a university email or identify a campus.

A service contract is formed directly between the Student and Tutor when a Booking is confirmed. Tutors set or approve their rates and control their availability, control the lawful manner and means of tutoring, supply their own equipment, may work elsewhere, and are responsible for the tutoring they provide. NOOT does not guarantee matches, availability, identity, credentials, attendance, safety, compatibility, or any academic, admission, employment, or other outcome.

5. Booking and Confirmation

A Student may select an available time from a Tutor’s calendar for a Session starting up to six (6) days in advance, provide the required Session details, and authorize payment through the Services. The Booking is confirmed immediately when the Services display the Booking confirmation following successful checkout. No separate Tutor acceptance step is required for an available time selected through this flow. An attempted checkout that fails or a time that becomes unavailable does not create a confirmed Booking.

Before confirming a Booking, Users should review the Session Price, any applicable NOOT Credit, the amount payable by the Student, the Tutor Platform Fee or expected Tutor Earnings shown to the Tutor, any applicable taxes, the Session’s time, duration, format, meeting location or video link, and applicable cancellation terms. The Booking record and timestamps in the Services control unless clearly erroneous.

6. User-to-User Service Contract

The Tutor agrees to provide the confirmed Session with reasonable care and skill, and the Student agrees to pay the amounts properly due and cooperate in the Session. NOOT is not a party to the educational services themselves, but these Terms govern the use of NOOT’s Services, payment collection, cancellation, moderation, and dispute administration. Users may not agree to terms that conflict with these Terms or use a side agreement to avoid Tutor Platform Fee, safety controls, or marketplace policies.

7. Prices, Tutor Platform Fees, NOOT Credits, and Taxes

Tutors set or approve their listed Session Prices. Students pay the Session Price shown at checkout, less any applicable NOOT Credit and plus any applicable taxes disclosed at checkout. NOOT adds a 17% Service Fee for students booking online but does not charge extra for same-day session booking. The Tutor Platform Fee is deducted from the Tutor’s allocation and is not an added charge to the Student.

The exact checkout and Tutor-earnings screens control for the relevant Booking. When a Tutor is entitled to only a percentage of the Session Price under Section 11, the applicable Tutor Platform Fee is applied to that payable allocation. NOOT Credits reduce the amount paid by the Student as displayed at checkout; credit use and treatment are governed by the applicable promotional terms and disclosures.

NOOT may change fees prospectively, test different pricing, or offer discounts, promotions, or credits. A change will not alter a confirmed Booking. The Services will display applicable taxes and the amount charged before confirmation. NOOT may calculate, collect, withhold, or remit taxes when it determines that law requires it. Tutors remain responsible for income, self-employment, registration, licensing, and other taxes or obligations arising from Tutor Earnings.

8. Payment Authorization and Capture

Payments are processed through the Payment Processor. When a Student confirms a Booking, the Student’s payment card is authorized; the charge is captured after the Session, or when a cancellation or no-show makes an amount due under these Terms. By confirming a Booking, the Student authorizes NOOT and the Payment Processor to collect the amount properly due, up to the amount disclosed at checkout and subject to the applicable cancellation, no-show, refund, and adjustment rules.

An authorization may appear as a pending charge and may expire or be released under card-network, card-issuer, and Payment Processor rules. NOOT does not guarantee that an authorization will remain in place until the Session. The Student must maintain a valid payment method. If an authorization expires, fails, or is insufficient, the Student authorizes a replacement authorization or charge for the amount properly due, including an off-session charge where the Student previously authorized that use and applicable law permits it.

9. Payment Collection Agency; No Escrow

Each Tutor appoints NOOT and the Payment Processor as limited payment collection agents solely to process Student payments for Bookings and deduct authorized amounts. Payment through NOOT’s checkout satisfies the Student’s obligation to the Tutor for that amount, subject to reversal, dispute, or chargeback. NOOT may use destination charges, separate charges and transfers, or another compliant marketplace funds flow. Words such as “held” or “reserved” do not create a bank escrow, trust, deposit, or stored-value account; NOOT is not a bank, money transmitter, fiduciary, or trustee.

10. Tutor Connected Accounts and Payouts

A Tutor must maintain an eligible connected account, complete identity and tax verification, and provide accurate payout information. Tutor Earnings become eligible only after capture and may be delayed or reduced for refunds, Tutor Platform Fee, taxes, disputes, chargebacks, negative balances, fraud review, reserves, compliance checks, technical issues, or processor timing. If an adjustment occurs after transfer, the Tutor authorizes NOOT and the Payment Processor to reverse the transfer, debit the connected-account balance where permitted, offset future Tutor Earnings, or request repayment. NOOT will provide reasonable transaction detail and recover no more than the properly attributable adjustment and permitted costs.

11. Student Cancellations and Refunds

The timestamp at which a cancellation is recorded in the Services determines the result. A “100% refund” returns the amount charged for the canceled Booking; a “50% refund” returns half of that amount, including applicable transactional taxes to the extent refundable. If payment has only been authorized and not captured, the corresponding amount will instead not be captured or the authorization will be adjusted or released as applicable. The Tutor allocation is calculated from the corresponding percentage of the Session Price, less the applicable Tutor Platform Fee.

NOOT may issue a legally required refund or a discretionary exception or credit for a verified emergency, safety concern, duplicate charge, material Services failure, or other exceptional circumstance. Promotional credits are nontransferable, have no cash value, and may expire as disclosed, except where law requires otherwise. The treatment of redeemed NOOT Credits in a canceled Booking is subject to applicable credit terms and the information displayed in the Services.

12. Tutor Cancellation and Rescheduling

If a Tutor cancels at any time or cannot provide the materially agreed Session, the Student receives a 100% refund and the Tutor receives no Tutor Earnings. NOOT tracks Tutor cancellations and may review, restrict, pause, or remove a Tutor after more than two Tutor cancellations in a rolling 30-day period, or sooner for reliability, safety, fraud, or misconduct.

Either the Student or Tutor may propose a new Session time through the Services. The other party may accept or decline. A reschedule takes effect only after the other party accepts it in the app. Until accepted, the original Booking remains in effect. If a proposed reschedule is declined, the parties must honor the original Booking or cancel under the applicable cancellation provisions.

13. No-Shows and Late Arrival

Tutor no-show. If the Tutor is at least 15 minutes late and has not sent a substantive message, the Student may report “Tutor didn’t show” after the scheduled end of the Session and within 48 hours after that end time through the Services. Subject to review, the Student receives a 100% refund, the Tutor receives no Tutor Earnings, and the report may affect the Tutor’s reliability record.

Student no-show. A Tutor may report “Student didn’t show” after the scheduled end of the Session and within 48 hours after that end time through the Services. The Tutor should remain reasonably available for at least 15 minutes and send an in-app message. Unless the Student promptly disputes the report with credible evidence, the Student receives no refund and the Tutor receives the applicable Tutor Earnings.

Repeated Student no-shows. NOOT may warn, restrict, suspend, or terminate a User for repeated verified no-shows. Any action is subject to review and may account for a documented emergency, safety concern, disability accommodation, or Services failure.

14. Session and Payment Disputes

A User should report a material attendance, safety, billing, or service issue as soon as practicable and ordinarily within 48 hours after the scheduled Session end. To dispute how a completed Session went, use the post-Session rating flow and answer “No” to “Did the session happen as expected?” Users may also contact admin@trynoot.com, including for billing issues or when the in-app flow is unavailable. For an in-app no-show report, use the applicable no-show reporting option after the Session’s scheduled end and within 48 hours, as described in Section 13. The User should preserve in-app messages and provide relevant, non-sensitive evidence. These reporting timeframes do not waive nonwaivable legal rights, but delay may limit NOOT’s ability to investigate.

NOOT may temporarily delay capture, transfer, or payout while reviewing a dispute and may, in good faith, issue or deny a refund, split funds, apply a credit, reverse a transfer, or correct an error under these Terms, Payment Processor rules, and law. NOOT’s marketplace determination does not prevent a User from pursuing rights that cannot legally be waived.

15. Chargebacks and Payment Reversals

A chargeback is not a substitute for first contacting NOOT about a dispute. If a charge is reversed, the Student receives a refund through another channel, or the Payment Processor imposes a dispute fee, NOOT may recover the duplicated or properly allocated amount and reasonable processor costs from the responsible User, reverse a Tutor transfer, or offset future Tutor Earnings. A User may not obtain or retain more than one recovery for the same amount. Fraudulent chargebacks may result in suspension or termination.

16. Tutor Responsibilities and Independent Status

• Maintain accurate qualifications, courses, experience, rates, availability, profile information, and connected-account details.
• Accept only Sessions the Tutor is competent and available to provide; arrive on time; communicate professionally; and provide the agreed duration, format, and subject matter with reasonable care and skill.
• Independently determine lawful teaching methods and supply the equipment, connectivity, transportation, workspace, materials, registrations, permits, licenses, and insurance appropriate to the Tutor’s activities.
• Comply with academic-integrity rules, university and venue policies, anti-discrimination and accessibility laws, safety obligations, tax law, and all other applicable law.
• Protect Student information and use it only to provide the booked Session or as the Student directs; do not copy, publish, sell, or misuse educational, contact, account, or payment information.
• Remain responsible for all Tutor expenses, income and self-employment taxes, insurance, and reporting. Tutors are independent service providers, not employees, workers, partners, joint venturers, franchisees, or agents of NOOT, and have no authority to bind NOOT.
• Use NOOT’s payment flow for Bookings introduced or confirmed through the Services and do not divert Users off-platform to evade Tutor Platform Fee, payment protections, reporting, or safety controls.

17. Student Responsibilities

• Provide accurate course, scheduling, Session-format, meeting-location, goal, contact, and payment information and promptly communicate material changes.
• Attend on time, bring appropriate materials, maintain a safe and suitable environment, and treat Tutors and others respectfully.
• Pay all amounts properly due and do not misuse refunds, chargebacks, promotions, referral codes, attendance reports, or review tools.
• Remain solely responsible for the Student’s own work, submissions, academic decisions, institutional compliance, and outcomes.
• Use reasonable care for in-person Sessions, select a lawful public or university-approved meeting location, protect personal information and belongings, and follow campus and venue rules.

18. Academic Integrity

The Services may be used for legitimate explanation, practice, feedback, study support, accountability, and mentorship. Users may not request, provide, purchase, sell, submit, or facilitate cheating or academic misconduct, including impersonating a Student; taking an exam; completing graded work intended to measure the Student’s own performance; supplying unauthorized answers or materials; plagiarism; falsifying credentials or records; or evading a school’s rules. NOOT may remove content, cancel a Booking, restrict payment or payout as legally appropriate, preserve relevant evidence, notify affected parties where permitted, and suspend or terminate accounts.

19. Safety and In-Person Sessions

Users assume the ordinary risks of communicating and meeting with people first encountered online. NOOT does not supervise Sessions, provide security, or guarantee a User’s identity, background, conduct, or location. Unless NOOT expressly states otherwise, NOOT has not conducted criminal background checks. For in-person Sessions, use a well-lit public or university-approved location, tell a trusted person your plans, arrange independent transportation, protect personal information, and leave if uncomfortable. NOOT is not an emergency service; contact 911 or the appropriate emergency service for immediate danger.

Users must not harass, discriminate, threaten, stalk, exploit, coerce, groom, engage in sexual misconduct, bring unlawful weapons or substances, record another person unlawfully, or create unsafe conditions. To report a concerning message, press and hold the message in the chat and select the reporting option. To report or block a person, open the three-dot (⋯) menu at the top of the chat. Safety concerns may also be sent to admin@trynoot.com. For immediate danger, contact emergency services.

20. User Content, Zero-Tolerance Policy, Reviews, Reporting, and Blocking

You retain ownership of User Content. You grant NOOT a worldwide, nonexclusive, royalty-free, sublicensable license to host, reproduce, format, display, transmit, moderate, and use User Content only as reasonably necessary to operate, secure, promote, and improve the Services, enforce these Terms, and comply with law. For content used in external marketing, NOOT will obtain permission unless the content was clearly submitted for that purpose. The license ends when content is deleted, except for copies temporarily retained in backups or retained in restricted legal, safety, fraud, or dispute records as described in the Privacy Policy.

NOOT has zero tolerance for objectionable content and abusive behavior. Accounts that post such content or engage in such behavior are suspended or permanently banned. Prohibited content or behavior includes, without limitation, harassment, bullying, hate speech, hateful or discriminatory content, sexual or sexually explicit content, sexual exploitation, threats, violent content or credible threats of violence, defamatory content, content that invades another person’s privacy or reveals personal information without authorization, illegal content, stalking, coercion, scams, and content promoting academic misconduct. User Content must be genuine, accurate, lawful, and non-infringing; spam, malware, deception, and retaliation are also prohibited. NOOT may remove prohibited content and take account action as appropriate to enforce this zero-tolerance policy and applicable law.

Reviews must describe a genuine experience and may not be traded for value or used as retaliation. NOOT may use automated filters and human review, remove or restrict content, limit messaging, preserve evidence, and take account action.

NOOT reviews every report within 24 hours. Reports can be submitted by pressing and holding a chat message to report that message or by opening the three-dot (⋯) menu at the top of a chat to report or block a person. Users may also report abuse or request an appeal by emailing admin@trynoot.com. To undo a block, go to Profile → Blocked users. Blocking limits further direct interaction through the Services but cannot guarantee the blocked person will never encounter the User elsewhere. NOOT prioritizes credible safety threats; review within 24 hours does not necessarily mean that all investigations or appeals will be fully resolved within that time.

21. Prohibited Conduct

• Break the law, violate another person’s rights, or encourage unsafe, fraudulent, exploitative, or abusive conduct.
• Create false accounts; misrepresent identity, age, affiliation, qualifications, attendance, prices, reviews, or referral activity; or manipulate rankings or verification.
• Scrape, crawl, harvest, reverse engineer, probe, disrupt, overload, bypass access controls, introduce malicious code, or use unauthorized automation.
• Collect or expose another person’s personal information without authorization; send spam; solicit sexual services; or use the Services for unrelated commercial activity.
• Circumvent Tutor Platform Fee, payment controls, moderation, account restrictions, reporting tools, or technical protections.
• Use another User’s account, allow another person to provide a booked Session under your Tutor profile, or transfer an account without approval.

22. Referrals and Campus Ambassadors

Under the current in-app referral offer, an eligible inviter receives $5 in NOOT Credit when the person they invited completes their first Session. Referral rewards are subject to the applicable program terms and NOOT’s records verifying genuine qualifying activity. Reversed, refunded, fraudulent, self-referred, duplicate, collusive, or disputed activity does not qualify and may cause reversal of a reward. NOOT Credits are promotional, nontransferable, and have no cash value except where required by law. Additional program conditions, if any, must be disclosed in the Services or applicable written program terms.

Campus ambassadors may promote NOOT, participate in approved campus events, and recruit Students or Tutors. They must use approved materials, accurately disclose their relationship and any incentive when required, comply with university rules and law, and avoid spam, harassment, guarantees, or unauthorized statements. Ambassadors do not have authority to bind NOOT. Compensation, revenue sharing, rankings, bonuses, tax treatment, and program duration are governed only by then-current written program terms or a signed agreement. NOOT may change a program prospectively but will honor rewards already earned under binding terms, subject to fraud review and law.

23. Third-Party Services

The Services may depend on or link to the Payment Processor, Apple, authentication providers, mapping, calendar, video, communications, analytics, university resources, and other third parties. You must comply with applicable third-party terms, including payment, wireless-data, and venue rules. NOOT does not control and is not responsible for a third party’s independent content, availability, security, or acts, but this does not limit NOOT’s responsibility for its own selection or use of providers where law imposes that responsibility.

24. NOOT Intellectual Property and License

NOOT and its licensors own the Services, software, designs, trademarks, branding, and content other than User Content. Subject to these Terms, NOOT grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license to use the Services for their intended purpose. Except where law prohibits restriction, you may not copy, modify, distribute, sell, rent, reverse engineer, create derivative works from, or commercially exploit the Services or use them to build a competing product or dataset. Feedback may be used by NOOT without restriction or compensation, provided it does not identify you publicly without permission.

Copyright or intellectual-property complaints should identify the protected work, the allegedly infringing material and its location, the complainant’s contact information, a good-faith statement, an accuracy and authority statement under penalty of perjury where applicable, and a physical or electronic signature, and should be sent to admin@trynoot.com. The designated postal address for legal or intellectual-property notices is 201 Office Park Dr. (Suite 320), Birmingham AL 35223. NOOT may remove material and terminate repeat infringers where appropriate.

25. Suspension, Termination, and Account Deletion

You may stop using the Services at any time and may initiate deletion of the entire account in the app through Profile → Delete account. Deletion is governed by the Privacy Policy and does not erase payment obligations, pending refunds, Tutor Earnings, disputes, chargebacks, or legally retained records.

NOOT may warn, investigate, remove content, restrict features, pause payouts, suspend, or terminate an account when reasonably necessary for safety, fraud prevention, payment risk, repeated cancellation or no-show behavior, legal compliance, violation of these Terms or the Community Guidelines, or protection of Users or the Services. Accounts found to post objectionable content or engage in abusive behavior are subject to suspension or permanent bans under Section 20. NOOT may act without advance notice when delay creates risk; otherwise it will provide reasonable notice. A User may appeal by emailing admin@trynoot.com. Provisions that by nature should survive will survive, including payment, tax, intellectual property, disclaimers, liability limits, indemnity, dispute, and general terms.

26. Marketplace Release

To the maximum extent permitted by law, each User is responsible for disputes, injuries, losses, and claims arising solely from that User’s dealings with another User or a Session. You release NOOT from claims based solely on another User’s acts or omissions, except to the extent a claim results from NOOT’s own breach of these Terms, negligence, willful misconduct, violation of law, or another liability that cannot legally be released.

27. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” NOOT DISCLAIMS EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, SAFETY, AND RESULTS. NOOT DOES NOT WARRANT ANY USER, VERIFICATION, TUTOR QUALIFICATION, SESSION, EDUCATIONAL OUTCOME, PAYMENT OR PAYOUT TIMING, OR THIRD-PARTY SERVICE. THESE DISCLAIMERS DO NOT EXCLUDE WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

28. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOOT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, DATA, GOODWILL, OPPORTUNITY, OR EDUCATIONAL RESULTS, ARISING FROM THE SERVICES, A SESSION, ANOTHER USER, OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. THEIR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO OR THROUGH NOOT DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US $100. THESE LIMITS DO NOT APPLY TO GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, PERSONAL INJURY CAUSED BY NOOT, OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED.

29. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless NOOT and its affiliates, officers, directors, employees, contractors, and agents from third-party claims, damages, judgments, losses, liabilities, and reasonable legal costs arising from your User Content, tutoring services, taxes, violation of these Terms or law, academic misconduct, infringement, or misuse of another person’s information. NOOT may control the defense and settlement, will not settle a claim imposing a non-monetary obligation on you without consent, and you will reasonably cooperate. This section does not apply to the extent a claim results from NOOT’s own breach, negligence, willful misconduct, or unlawful act.

30. Governing Law and Disputes

These Terms are governed by the laws of ALABAMA, without regard to conflict-of-law rules, except that mandatory consumer law may apply. Before filing a claim, the claimant must send a written notice describing the dispute, supporting facts, and requested relief to the contact in Section 34 and allow 30 days for good-faith resolution. This informal process does not suspend a limitations period unless law provides otherwise. Unless mandatory law requires another forum, state and federal courts located in JEFFERSON COUNTY, ALABAMA have exclusive jurisdiction, and each party consents to that venue.

31. Changes to the Services or Terms

NOOT may modify or discontinue features and update these Terms prospectively. We will post the revised Terms, update the effective date, and provide prominent in-app or email notice of material changes. A change will not retroactively alter the price or cancellation terms of a confirmed Booking. If you do not agree, stop using the Services and cancel future Bookings before the revised Terms take effect. Continued use after the effective date constitutes acceptance where law permits; NOOT will obtain affirmative consent when law requires it.

32. General Terms

These Terms, the Privacy Policy, the Community Guidelines, the Booking-specific disclosures, and written program terms expressly incorporated by reference are the entire agreement regarding the Services. For a specific Booking, its displayed price and cancellation disclosure control over inconsistent general help text. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder remains effective. Failure to enforce is not a waiver. You may not assign these Terms without NOOT’s consent; NOOT may assign them in a merger, financing, reorganization, sale, or transfer of the Services. NOOT is not liable for delay caused by events beyond its reasonable control, but payment obligations already accrued remain due. Electronic acceptances and notices satisfy writing requirements where permitted. Except for Apple as stated below, these Terms create no third-party beneficiary.

33. Additional Terms for Apple App Store Users

• These Terms are between you and NOOT, not Apple. NOOT, not Apple, is solely responsible for the licensed application and its content.
• The license is nontransferable and permits use of the application on Apple-branded products you own or control as allowed by the Apple Media Services Terms and Usage Rules, including permitted Family Sharing or volume purchasing.
• NOOT is responsible for maintenance and support. Apple has no obligation to provide maintenance or support.
• To the extent any warranty applies and the application fails to conform, you may notify Apple, and Apple may refund any purchase price paid for the licensed application. To the maximum extent permitted by law, Apple has no other warranty obligation; NOOT is responsible for other warranty-related claims, losses, liabilities, damages, costs, or expenses.
• NOOT, not Apple, is responsible for addressing claims relating to the application or your possession or use of it, including product-liability, legal or regulatory, consumer-protection, and privacy claims, and for investigating, defending, settling, or discharging third-party intellectual-property claims.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as supporting terrorism and are not listed on a U.S. Government prohibited or restricted party list.
• You must comply with applicable third-party terms when using the application.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you upon acceptance.

34. Contact and Legal Notices

Questions, complaints, claims, appeals, safety reports, and legal notices may be directed to:

Watchmen Ventures LLC, doing business as NOOT

• Support, safety, appeals, intellectual property, and legal notices (email): admin@trynoot.com
• Website: https://trynoot.com
• Legal mailing address: 201 Office Park Dr. (Suite 320), Birmingham AL 35223