Terms of Service

These Terms are an agreement between you and Cabal Enterprises, LLC, doing business as Fuimus Labs ("we", "us", "our"). Fuimus Labs is a trade name of Cabal Enterprises, LLC. They apply to our apps (Chorevana, Flaym, Shakerly, and The Return), to the Shakerly bar page on the web, and to fuimuslabs.com (together, the "Services").

By using the Services, you agree to these Terms and to the privacy policy for the app you use (all privacy policies). If you don't agree, don't use the Services.

• You must be at least 18, or the age of majority where you live, to create an account.
• Flaym is only for people 18 and older.
• Shakerly, including its guest bar page, is only for people of legal drinking age where they live (21 in the United States).
• Chorevana: children may use Chorevana only through a profile their parent or legal guardian creates and supervises.
• The Return: minors may play with a parent's or guardian's permission.

You may not use the Services if you are barred from doing so under the laws that apply to you.

Give accurate information and keep your login, PINs, and devices secure. You are responsible for what happens under your account. Tell us right away if you think someone else has accessed it. You can delete your account at any time from the app's settings or by following the steps on our account deletion page.

• Some features require a paid subscription. You buy it through the Apple App Store or Google Play, and that store's terms and payment rules also apply.
• Subscriptions renew automatically at the end of each period, at the price shown when you subscribed, unless you cancel at least 24 hours before the period ends. Your store account is charged when a subscription renews.
• Cancel in your App Store or Google Play subscription settings. Deleting the app or your account does not cancel a subscription.
• Free trials: if a free trial is offered, it converts to a paid subscription when it ends unless you cancel first. Any unused part of a free trial ends when you buy a subscription. One free trial per person or household, as described in the app.
• Refunds are handled by Apple or Google under their policies. We can't issue refunds for store purchases directly.
• We may change prices. A new price applies only from your next renewal, and Apple or Google will notify you as their rules require.

You own what you create and share in the Services, such as messages, media, tasks, recipes, orders, and ratings ("your content"). You give us a limited license to store, process, transmit, and display your content only as needed to run the Services for you and the people you choose to share with. Flaym content is end-to-end encrypted, so we can't read it.

You are responsible for your content, and you confirm that you have the right to share it.

We have zero tolerance for objectionable content or abusive users. You must not use the Services to:

• share content that sexually exploits or endangers minors, in any way. We report such content to the National Center for Missing & Exploited Children and to law enforcement;
• share intimate images or recordings of anyone without their consent, or share a partner's content without their permission;
• harass, threaten, bully, stalk, or intimidate anyone, or promote violence or hate;
• share content that is illegal, or that infringes someone else's rights;
• impersonate anyone, or mislead people about who you are;
• sell alcohol or any other regulated product;
• break, probe, overload, scrape, reverse-engineer, or get around the security of the Services, or access them by automated means;
• use the Services for any illegal purpose.

Reporting. Report abusive content or users in the app, or email support@fuimuslabs.com. We review reports within 24 hours. When we find a violation, we remove the content and suspend or terminate the account responsible.

• The parent or guardian who creates a family is responsible for the child profiles in it, for supervising children's use, and for any device linked to the family.
• Points, rewards, prizes, and bonus time are arrangements within your family. They have no cash value, and we are not responsible for honoring them.
• Anyone who joins your family can see the family's data, so share Family Codes only with people you trust.

• Flaym is for two consenting adults who have agreed to connect. Share only what your partner wants to receive, and never share a partner's content outside Flaym without their permission.
• Encryption means we can't restore your content. If you lose your PIN and your partner can't help you restore access, your content cannot be recovered. Photos, videos, and voice notes are removed from our servers 14 days after they're sent, so save anything you want to keep.
• Disconnecting from your partner ends the connection for both of you and deletes your shared data from our servers. If a partner is abusing you, disconnect and report them to us.
• Position and intimacy content is general information for consenting adults, not medical advice. Know your own health and limits.

• Drink responsibly. Never drink and drive, and follow the alcohol laws where you are.
• Hosts are responsible for their guests and for serving alcohol lawfully. That means serving only guests of legal drinking age and not serving anyone who is intoxicated. Share your invite link only with people you invite.
• Ordering in Shakerly is a request to your host, not a purchase. Shakerly does not sell, buy, or deliver alcohol, and must not be used to sell drinks.
• Recipes, strengths, and ingredient details are provided for convenience and may be inaccurate. Check ingredients for allergens.

• The Return is played by sound, often with your eyes closed. Play only where it's safe: stay aware of your surroundings, and never play while driving, cycling, or moving through traffic.
• Keep the volume at a safe level.

We grant you a personal, non-exclusive, non-transferable, revocable license to use our apps for your own non-commercial use, under these Terms and the rules of the store you downloaded them from. The Services, including their software, design, text, audio, and branding, belong to us or our licensors. Except for this license, we grant you no rights in them.

If you send us feedback, we may use it without any obligation to you.

You can stop using the Services and delete your account at any time. We may suspend or end your access if you break these Terms, if the law requires it, or if you create risk for other users or for us. We may also change or discontinue a Service. If we discontinue a paid Service, we will give reasonable notice. Sections 5, 11, and 13–18 survive termination.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DATA WILL NEVER BE LOST.

TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) US $50. SOME PLACES DON'T ALLOW THESE LIMITS, SO THEY MAY NOT ALL APPLY TO YOU.

If a claim is brought against us because of your content, your misuse of the Services, or your breaking of these Terms or the law, you agree to cover our reasonable losses and costs, including legal fees, to the extent the law allows.

Talk to us first. Before filing a claim, email support@fuimuslabs.com and give us 30 days to try to resolve it informally.

Binding individual arbitration. If we can't resolve it, you and we agree that any dispute related to the Services or these Terms will be settled by binding individual arbitration. The American Arbitration Association will administer it under its Consumer Arbitration Rules. Either of you may instead bring an individual claim in small-claims court. Arbitration may take place by video or phone, or in your home county.

No class actions. Claims may be brought only individually, not as a plaintiff or class member in any class or representative proceeding.

Opt-out. You can opt out of this arbitration agreement by emailing support@fuimuslabs.com within 30 days after you first accept these Terms. Include your name and the words "Arbitration opt-out".

If the class-action waiver is found unenforceable for a claim, that claim goes to court and not to arbitration.

These Terms are governed by the laws of the State of Tennessee and applicable US federal law, without regard to conflict-of-law rules. Subject to Section 16, the state and federal courts in Tennessee have exclusive jurisdiction. If you live in the EU or UK, you also keep the protection of the mandatory laws of your home country.

If you downloaded an app from the Apple App Store:

• These Terms are between you and us, not Apple. We, not Apple, are solely responsible for the app and its content.
• Your license is limited to using the app on Apple-branded devices you own or control, as the App Store Terms of Service's Usage Rules allow.
• Apple has no obligation to provide any maintenance or support for the app.
• If the app fails to meet any applicable warranty, you may notify Apple, and Apple will refund the app's purchase price, if any. To the fullest extent the law allows, Apple has no other warranty obligation for the app.
• We, not Apple, are responsible for addressing any claims relating to the app, including product liability claims, claims that the app fails to meet legal or regulatory requirements, and consumer protection or privacy claims.
• If anyone claims the app infringes their intellectual property, we, not Apple, are responsible for investigating, defending, settling, and discharging that claim.
• You confirm that you are not located in a country subject to a US Government embargo or designated as a "terrorist supporting" country, and that you are not on any US Government list of prohibited or restricted parties.
• You must follow any third-party terms that apply when you use the app, such as your wireless carrier's.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

Send questions, complaints, or claims about the app to the contact details in Section 20.

We may update these Terms. We will post the new version here with a new effective date and, for material changes, notify you in the app or by email before they take effect. If you keep using the Services after that, you accept the new Terms. If you don't accept them, stop using the Services and delete your account.

If any part of these Terms is unenforceable, the rest stays in effect. If we don't enforce a provision, we haven't waived it. You may not transfer these Terms without our consent. We may transfer them in connection with a merger or sale. These Terms, together with our privacy policies, are the entire agreement between you and us about the Services.

• Fuimus Labs (Cabal Enterprises, LLC)
• 116 Agnes Rd Ste 200, Knoxville, TN 37919
• Phone: (615) 549-8514
• Email: support@fuimuslabs.com