Terms of Service

The words whose initial letters are capitalized have meanings defined under the following conditions. Definitions apply equally to singular and plural forms.

For purposes of these Terms:

MacroBank is a general-purpose consumer wellness application designed to help users track macronutrients (protein, carbohydrates, and fat) on a weekly basis. The Service:

• Is not a medical device under the U.S. Food, Drug, and Cosmetic Act, the EU Medical Device Regulation, or any equivalent law
• Is not intended to diagnose, treat, cure, mitigate, or prevent any disease, condition, or health issue
• Does not provide medical, nutritional, psychological, or other professional advice
• Is not a substitute for professional medical advice, diagnosis, treatment, or care
• Should not be relied upon for any medical or health decision

The macronutrient targets, recommendations, calculations (including those based on the Mifflin-St Jeor equation), and other information provided by the Service are general estimates based on the self-reported information You provide and standard formulas. They are not personalized medical advice.

You should consult a qualified healthcare provider, licensed dietitian, or other appropriate professional before:

• Beginning or changing any diet, nutrition, weight management, or fitness regimen
• Using the Service if You have any medical condition or take any medication
• Using the Service during pregnancy or while breastfeeding
• Making any decision about Your health based on information from the Service

Never disregard professional medical advice or delay seeking it because of something You read or experienced through the Service. If You think You may have a medical emergency, call Your doctor or 911 (or Your local emergency number) immediately.

The Service is designed for general wellness use by healthy adults. The Service is not appropriate for, and should not be used by:

• Individuals with a current or past diagnosis of an eating disorder (including anorexia nervosa, bulimia nervosa, binge eating disorder, ARFID, or OSFED)
• Individuals with a history of disordered eating, disordered exercise, or body dysmorphia
• Individuals for whom tracking food, body weight, or body measurements may be harmful to their physical or mental health
• Individuals under the age of 18
• Individuals who are pregnant, breastfeeding, or trying to become pregnant, without consulting a qualified healthcare provider

You are solely responsible for determining whether the Service is appropriate for You. By using the Service, You represent and warrant that You have determined that the Service is appropriate for You and that You have consulted any healthcare providers You deem necessary.

You acknowledge that any diet, nutrition, weight management, or fitness program involves inherent risks, including risk of physical injury, nutritional deficiency, or other adverse health effects. You assume all risks associated with Your use of the Service and any actions You take based on information provided through the Service.

You must be at least 18 years of age to create an Account or use the Service. By creating an Account, You represent and warrant that You are at least 18 years old. We do not knowingly permit anyone under 18 to use the Service. If We become aware that a user is under 18, We will terminate that user's Account and delete associated data.

When You create an Account, You agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update Your Account information
• Maintain the security and confidentiality of Your login credentials
• Notify Us immediately of any unauthorized access to or use of Your Account
• Take responsibility for all activities that occur under Your Account

You are responsible for any activity conducted through Your Account, whether or not authorized by You, except to the extent caused by Our failure to use reasonable security measures.

You may not create or maintain more than one Account, and You may not create an Account on behalf of any person other than Yourself.

You may not use as a username (or display name) any name that: (a) belongs to another person without authorization, (b) infringes any trademark or other intellectual property right, (c) impersonates Adcker or any of its employees or representatives, or (d) is offensive, vulgar, obscene, or otherwise inappropriate.

Subject to Your compliance with these Terms, Adcker grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Application on a Device that You own or control, solely for Your personal, non-commercial use.

You will not, and will not permit any third party to:

1. (a)copy, modify, adapt, translate, or create derivative works of the Service;
2. (b)reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Application, except to the extent applicable law expressly permits despite this limitation;
3. (c)sell, rent, lease, sublicense, distribute, or otherwise transfer rights to the Service;
4. (d)remove, alter, or obscure any proprietary notices on the Service;
5. (e)use the Service to develop a competing product or service;
6. (f)use any automated means (including bots, scrapers, or crawlers) to access or extract data from the Service;
7. (g)circumvent or attempt to circumvent any access control, rate limit, or security feature of the Service;
8. (h)use the Service in violation of any applicable law or regulation, or in any way that could harm, disable, overburden, or impair the Service;
9. (i)introduce any virus, worm, malware, or other malicious code into the Service;
10. (j)collect or harvest any information from the Service, including information about other users;
11. (k)impersonate any person or misrepresent Your affiliation with any person or entity; or
12. (l)use the Service in any manner inconsistent with these Terms.

All rights not expressly granted to You in these Terms are reserved by Adcker and its licensors.

You may submit, upload, log, or post Content to the Service, including food log entries, body measurements, goals, photos, and notes ("Your Content"). You retain all ownership rights in Your Content.

You grant Adcker a worldwide, non-exclusive, royalty-free, sublicensable (to Our Service Providers only), and transferable license to host, store, reproduce, process, transmit, and display Your Content solely for the purpose of operating, maintaining, and providing the Service to You and improving the Service in accordance with Our Privacy Policy.

Your Content is private. We do not display Your Content publicly, make it available to other users, share it with advertisers, or use it for advertising purposes. The license above is limited to the technical operation of the Service.

If You voluntarily choose to share content through any sharing feature We may offer in the future (for example, a referral or social sharing feature), additional terms will apply and will be presented to You at the time.

You represent and warrant that: (a) You own Your Content or have all rights necessary to grant the license above; (b) Your Content does not violate the rights of any third party, including intellectual property, privacy, or publicity rights; and (c) Your Content complies with these Terms and all applicable laws.

You agree that You will not post, upload, or transmit any Content that:

1. (a)is unlawful, fraudulent, defamatory, libelous, or otherwise tortious;
2. (b)is hateful, harassing, threatening, or that promotes violence or discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, gender identity, age, disability, or other protected characteristic;
3. (c)infringes any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right;
4. (d)violates the privacy of any person;
5. (e)contains viruses, worms, malware, or other harmful code;
6. (f)constitutes unsolicited commercial communication, spam, or chain letters;
7. (g)impersonates any person or entity, including Adcker or its employees;
8. (h)is obscene, sexually explicit, or pornographic;
9. (i)promotes or encourages self-harm, suicide, eating disorders, or other dangerous behavior;
10. (j)is intended to disrupt, damage, or interfere with the Service or other users' use of the Service; or
11. (k)is otherwise objectionable as determined by Adcker in its reasonable discretion.

For clarity, ordinary references to food types (such as religious dietary practices like kosher, halal, or vegetarian; cultural cuisines; or culturally significant foods) are permitted and welcomed in food log entries. The prohibitions above target hateful or discriminatory content, not legitimate references to dietary practice or food culture.

We have no obligation to monitor Your Content but reserve the right (without obligation) to review, refuse, edit, or remove any Content that We determine, in our reasonable discretion, violates these Terms or applicable law. We may suspend or terminate the Account of any user who posts prohibited Content.

Although We perform regular backups of data stored in the Service, We do not guarantee that there will be no loss or corruption of data. You agree to maintain Your own backup copies of any Content that is important to You.

Certain features of the Service are available only with a paid Subscription. Current Subscription plans include:

• Monthly Subscription: $9.99 USD per month
• Annual Subscription: $49.99 USD per year

Prices may vary by jurisdiction and may be displayed in Your local currency. The current price and any applicable taxes will be disclosed at the point of purchase. Prices are subject to change as set forth in Section 8.5.

We may offer a Free Trial period (currently 7 days for new Subscribers) during which You can access Subscription features without charge. Important things to know about the Free Trial:

• The Free Trial begins when You start it through the App
• You will not be charged during the Free Trial
• Unless You cancel before the end of the Free Trial, You will be automatically charged the applicable Subscription fee at the end of the Free Trial
• Only new Subscribers are eligible for a Free Trial (one Free Trial per user)
• We may modify or cancel the Free Trial offer at any time at Our discretion
• The Free Trial does not entitle You to a refund of any charges incurred after the trial ends

Your Subscription will automatically renew at the end of each Subscription period (monthly or annually, depending on Your plan) for the same duration as the original Subscription period, at the then-current Subscription price, until You cancel. By purchasing a Subscription, You consent to this automatic renewal.

To avoid renewal, You must cancel at least 24 hours before the end of the current Subscription period. Cancellation takes effect at the end of the current Subscription period; You will retain access to Subscription features until then.

If You purchased Your Subscription through the Apple App Store or Google Play Store, You must cancel through the Application Store as follows:

• Apple App Store: Settings → [Your Name] → Subscriptions → MacroBank → Cancel Subscription
• Google Play Store: Google Play Store app → Profile icon → Payments & subscriptions → Subscriptions → MacroBank → Cancel subscription

You may also contact Us at help@macrobank.app for assistance, but billing for In-App Purchases is handled by the Application Store and cancellation must be processed through the Application Store.

If You cancel during a Free Trial, You will not be charged. If You cancel after a paid period has begun, You will retain access through the end of the then-current period but will not receive a refund for the unused portion of that period, except as required by law.

We may change Subscription prices at any time. If We change the price of Your Subscription, We will provide You with reasonable advance notice (at least 30 days) before the new price takes effect, and Your continued use of the Subscription after the new price takes effect constitutes Your agreement to the new price. If You do not agree to the new price, You may cancel Your Subscription before the new price takes effect.

Subscription fees are non-refundable except as required by applicable law. Specifically:

• Refunds for Subscriptions purchased through the Apple App Store or Google Play Store are governed by the Application Store's refund policy. To request a refund, contact the Application Store directly (Apple: reportaproblem.apple.com; Google: play.google.com/store/account)
• We do not control and cannot process refunds for In-App Purchases
• We may, at Our sole discretion, offer refunds or credits in exceptional circumstances, but We are not obligated to do so

California, Connecticut, and Other State-Specific Cancellation Rights. If You are a resident of California, Connecticut, or another state that provides specific cancellation rights for automatic renewal subscriptions, those rights apply to You in addition to the cancellation rights above. You can review the relevant state laws or contact Us at help@macrobank.app for more information.

If billing fails for any reason, We or the applicable Application Store may attempt to charge You again at a later time. If billing continues to fail, Your Subscription may be suspended or terminated.

All Subscription fees are exclusive of taxes unless otherwise stated. You are responsible for any applicable taxes, including sales tax, value-added tax (VAT), goods and services tax (GST), or similar taxes, which will be added to Your Subscription fee where required.

The Application is distributed through the Apple App Store and (where available) the Google Play Store. Your use of the Application is subject to the applicable Application Store's terms and conditions, in addition to these Terms.

In-App Purchases (including Subscriptions purchased through the App) are processed by the applicable Application Store. All billing, payment processing, refunds, and related matters for In-App Purchases are handled by the Application Store and governed by its terms. We do not store or collect Your payment card details.

If You downloaded the Application from the Apple App Store, the following additional terms apply:

1. (a)Acknowledgment. These Terms are between You and Adcker only, and not with Apple Inc. Adcker, not Apple, is solely responsible for the Application and its content.
2. (b)Scope of License. The license granted to You for the Application is limited to a non-transferable license to use the Application on any Apple-branded products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing.
3. (c)Maintenance and Support. Adcker is solely responsible for providing any maintenance and support services with respect to the Application, as specified in these Terms or as required by applicable law. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Application.
4. (d)Warranty. Adcker is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the Application to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Adcker's sole responsibility.
5. (e)Product Claims. Adcker, not Apple, is responsible for addressing any claims by You or any third party relating to the Application or Your possession and use of the Application, including: (i) product liability claims, (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks (if applicable).
6. (f)Intellectual Property Rights. In the event of any third-party claim that the Application or Your possession and use of the Application infringes that third party's intellectual property rights, Adcker, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
7. (g)Legal Compliance. You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
8. (h)Developer Contact Information. Direct any questions, complaints, or claims related to the Application to: Adcker Corp, 350 S Miami Ave, Miami, FL 33130; help@macrobank.app.
9. (i)Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using the Application.
10. (j)Third-Party Beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon Your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary.

If You downloaded the Application from the Google Play Store, You acknowledge that Your use of the Application is also governed by Google's Google Play Terms of Service, and that Google is not responsible for the Application or any claims related to the Application.

The Service, including all software, text, images, graphics, designs, audio, video, trademarks, logos, and other content (excluding Your Content), is owned by Adcker or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws of the United States and other countries. "MacroBank" and Adcker's logos and trademarks are trademarks of Adcker Corp. You may not use Our trademarks, logos, or branding without Our prior written permission.

Nothing in these Terms grants You any license or right to use any Adcker name, trademark, logo, or other intellectual property except as expressly set forth in these Terms.

We respect the intellectual property rights of others. If You believe Content on the Service infringes Your copyright, please send a notice that includes the following information to Our designated copyright agent at help@macrobank.app with the subject line "DMCA Notice":

1. (a)A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2. (b)Identification of the copyrighted work claimed to have been infringed;
3. (c)Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Us to locate the material;
4. (d)Your contact information, including address, telephone number, and email address;
5. (e)A statement that You have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
6. (f)A statement, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf.

If You believe Content You posted was wrongly removed due to a DMCA notice, You may submit a counter-notification to help@macrobank.app with the subject line "DMCA Counter-Notice" containing:

1. (a)Your physical or electronic signature;
2. (b)Identification of the material that has been removed and the location at which the material appeared before removal;
3. (c)A statement under penalty of perjury that You have a good faith belief that the material was removed as a result of mistake or misidentification;
4. (d)Your name, address, telephone number, and a statement that You consent to the jurisdiction of the federal court in Delaware and that You will accept service of process from the person who provided the original DMCA notice or from their agent.

We will terminate the Accounts of users who are determined to be repeat infringers in appropriate circumstances.

Copyright Agent Adcker Corp 350 S Miami Ave Miami, FL 33130 Email: help@macrobank.app

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ADCKER, ITS AFFILIATES, AND ITS LICENSORS AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE.

ADCKER MAKES NO WARRANTY OR REPRESENTATION THAT:

1. (a)THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
2. (b)USE OF THE SERVICE WILL RESULT IN ANY PARTICULAR WEIGHT, BODY COMPOSITION, FITNESS, OR HEALTH OUTCOME;
3. (c)THE SERVICE OR THE INFORMATION IT PROVIDES WILL BE ACCURATE, RELIABLE, OR ERROR-FREE;
4. (d)THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR SECURE;
5. (e)ANY DEFECTS WILL BE CORRECTED; OR
6. (f)THE SERVICE OR ITS SERVERS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WITHOUT LIMITING SECTION 3 OR THE FOREGOING DISCLAIMERS, ADCKER SPECIFICALLY DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT THE SERVICE IS SUITABLE FOR ANY PARTICULAR USER, HEALTH CONDITION, OR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICE AND ANY ACTIONS YOU TAKE BASED ON INFORMATION FROM THE SERVICE.

Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted under applicable law, the exclusions in this Section 15 will apply to the greatest extent permitted by such law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADCKER, ITS AFFILIATES, OR ITS LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, OR EMOTIONAL DISTRESS, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE, REGARDLESS OF THE LEGAL THEORY (WHETHER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF ADCKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ADCKER AND ITS AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID ADCKER FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THE LIMITATIONS OF LIABILITY IN THIS SECTION 16 APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the limitation or exclusion of certain damages. In such jurisdictions, the limitations in this Section 16 will apply to the greatest extent permitted by law. Nothing in these Terms limits or excludes Adcker's liability for fraud, gross negligence, willful misconduct, death or personal injury caused by negligence, or any other liability that cannot be limited or excluded under applicable law.

The limitations of liability in this Section 16 survive termination of these Terms.

You may terminate Your Account at any time by deleting Your Account through the App settings or by contacting Us at help@macrobank.app. Termination does not entitle You to a refund except as set forth in Section 8.6 or as required by law.

We may suspend or terminate Your Account or access to the Service at any time, with or without notice, if We reasonably believe:

1. (a)You have breached these Terms or applicable law;
2. (b)Your conduct poses a risk to other users, the Service, or Us;
3. (c)You have engaged in fraudulent, abusive, or illegal activity; or
4. (d)We are required to do so by law or by a request from a governmental or regulatory authority.

We may also terminate Your Account or discontinue the Service (in whole or in part) at any time with reasonable notice for any other reason, including discontinuation of the Service.

Upon termination of Your Account: (a) Your right to use the Service ends immediately; (b) We may delete Your Content and Account data in accordance with Our Privacy Policy and applicable retention requirements; and (c) any provisions of these Terms that by their nature should survive termination will survive, including Sections 3 (Health Disclaimer), 7.2 (License You Grant to Us, with respect to backups and aggregated data), 10 (Feedback), 11 (Intellectual Property), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 22 (Arbitration), and 23 (General Provisions).

You and Adcker agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a "Dispute") will be resolved by binding individual arbitration, except as set forth below in Section 22.6 (Exceptions).

Before initiating arbitration, You and Adcker agree to attempt to resolve any Dispute informally for at least 60 days. To begin this informal process, You must send a written notice describing the Dispute to: Adcker Corp, Attn: Legal, 350 S Miami Ave, Miami, FL 33130, and to help@macrobank.app. The notice must include Your name, address, email associated with Your Account, a description of the Dispute, and the relief You seek.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, available at adr.org. If AAA is not available, the parties will agree on an alternative arbitration provider, or a court will appoint one.

The arbitration will be conducted by a single arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, including any issue concerning the validity, enforceability, or scope of this arbitration agreement.

Arbitration may be conducted in person, through document submission, by phone, or online. Unless the arbitrator orders otherwise, the seat of arbitration will be Wilmington, Delaware, but You may participate by phone or video and need not travel.

Each party will bear its own costs of arbitration, except that Adcker will pay the AAA filing, administrative, and arbitrator fees for any individual arbitration claim under $10,000, except where the arbitrator determines the claim is frivolous. If the arbitrator determines that the claims You assert are frivolous, You agree to reimburse Adcker for all fees associated with the arbitration paid by Adcker on Your behalf.

YOU AND ADCKER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims, and may not preside over any form of representative or class proceeding. If this class action waiver is found unenforceable, then the entirety of this Section 22 will be null and void, but the rest of these Terms will remain in effect.

Notwithstanding the foregoing, either party may: (a) bring an individual claim in small claims court if the claim qualifies under that court's rules; (b) seek injunctive or other equitable relief in court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (c) file a complaint with a governmental authority that can seek relief on Your behalf.

You have the right to opt out of this arbitration agreement. To opt out, You must send Us written notice within 30 days of first accepting these Terms (or within 30 days of the date Adcker first introduces this arbitration provision, if You were a user before then). Your opt-out notice must include Your name, email associated with Your Account, and a clear statement that You wish to opt out of the arbitration agreement. Send the notice to: Adcker Corp, Attn: Arbitration Opt-Out, 350 S Miami Ave, Miami, FL 33130, or by email to help@macrobank.app with subject line "Arbitration Opt-Out." Opting out will not affect any other terms.

If any provision of this Section 22 is found unenforceable (other than the class action waiver, the unenforceability of which is governed by Section 22.5), the remaining provisions of Section 22 will remain in effect. This Section 22 survives termination of these Terms.

This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

These Terms, together with the Privacy Policy and any other documents expressly incorporated by reference, constitute the entire agreement between You and Adcker regarding the Service and supersede any prior agreements between You and Adcker regarding the Service.

If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

Our failure to enforce any provision of these Terms is not a waiver of that provision. A waiver of any breach is not a waiver of any subsequent breach.

You may not assign or transfer these Terms or Your rights under them without Our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law, and otherwise to any affiliate or successor, without Your consent. Any attempted assignment in violation of this provision is null and void.

We will not be liable for any failure or delay in performance caused by circumstances beyond Our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, labor disputes, internet or telecommunications failures, pandemics, or epidemics.

You and Adcker are independent contractors. No partnership, joint venture, employment, or agency relationship is created by these Terms.

Except as expressly provided in Section 9.3 (Apple as third-party beneficiary) and Section 17 (Adcker Parties for indemnification), there are no third-party beneficiaries to these Terms.

Notices to You may be sent to the email address associated with Your Account or by in-App notification. Notices to Us must be sent to: Adcker Corp, 350 S Miami Ave, Miami, FL 33130, with a copy to help@macrobank.app.

Section headings are for convenience only and do not affect interpretation of these Terms.

If We provide a translation of these Terms, the English version controls in the event of any conflict.

These Terms are in English. Where required by local law, We may make translations available, but the English version controls except where prohibited by applicable law.

You represent and warrant that: (a) You are not located in any country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; (b) You are not listed on any U.S. Government list of prohibited or restricted parties (including the Specially Designated Nationals List); and (c) You will comply with all applicable U.S. and international export and sanctions laws in Your use of the Service.

If You are a U.S. federal government end user, the Service is a "Commercial Item" as defined at 48 C.F.R. § 2.101, and is provided to the U.S. Government only as a commercial item, with only those rights as are granted to all other end users.

If You are a California resident, You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

If You are a consumer in the European Union, You retain any mandatory rights and protections under the laws of Your country of residence, including any non-waivable consumer protection rights. Nothing in these Terms limits those rights. The European Commission provides an online dispute resolution platform at https://ec.europa.eu/consumers/odr.