STAVEN TERMS OF SERVICE
Last updated: September 18, 2026
Effective: not yet. Staven has not launched. These Terms take effect when the app is released, and this draft will be reviewed by a lawyer before then.
1. Agreement to these Terms
These Terms of Service (the "Terms") are a binding agreement between you and Staven LLC, an Illinois limited liability company ("Staven," "we," "us," or "our"). They govern your use of the Staven mobile application, the staven.app website, and any related services (together, the "Service").
By creating an account, starting a free trial, purchasing a subscription, or otherwise using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, do not use the Service.
§ 16 contains a binding arbitration agreement and a class action waiver. They affect how disputes between you and Staven are resolved. You may opt out of arbitration within 30 days — see § 16.9. Please read § 16 carefully.
2. Eligibility — you must be 18 or older
The Service is for adults only. By using the Service you represent and warrant that:
- You are at least 18 years old;
- You have the legal capacity to enter into a binding contract;
- You are not barred from using the Service under the laws of the United States or your state of residence; and
- If you are creating an account on behalf of someone else, you are authorized to do so and to bind that person to these Terms.
We do not knowingly permit anyone under 18 to create an account or use the Service. We use age assurance at signup. If we learn that a user is under 18, we will terminate the account and delete the associated data.
We do not direct the Service to children and we do not knowingly collect personal information from children under 13. If you believe a minor has created an account, contact us at josh@staven.app and we will act promptly.
3. What Staven is — and what it is not
3.1 What it is
Staven is a general wellness and health coaching service. It uses artificial intelligence to help you set and pursue goals related to nutrition, physical activity, sleep, and everyday habits. It remembers your history across time and adjusts its coaching accordingly.
3.2 WHAT IT IS NOT — NOT MEDICAL ADVICE
STAVEN DOES NOT PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT.
Staven is a general wellness product. It is not a medical device, and it is not intended to diagnose, treat, cure, mitigate, or prevent any disease or medical condition.
Staven's coach is not a doctor, dietitian, therapist, nurse, personal trainer, or any other licensed professional. Using Staven does not create a doctor-patient, therapist-client, or any other professional relationship.
Always consult a qualified healthcare provider before starting, stopping, or changing any diet, exercise program, medication, supplement, or health regimen — and before acting on anything Staven tells you. Never disregard professional medical advice or delay seeking it because of something you read or received in the Service.
Do not use the Service to diagnose or manage a medical condition. If you have or suspect you have a medical condition — including but not limited to diabetes, heart disease, an eating disorder, pregnancy, or a mental health condition — talk to your healthcare provider before using Staven, and follow their guidance over ours.
3.3 EMERGENCIES
IF YOU ARE HAVING A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST EMERGENCY ROOM. DO NOT USE STAVEN.
Staven is not an emergency service. It is not monitored in real time by any human being. Messages you send to the Staven coach are not read by a person, and no one at Staven will be alerted if you are in danger.
If you are having thoughts of suicide or self-harm, call or text 988 (Suicide & Crisis Lifeline, available 24/7 in the United States).
If you are struggling with disordered eating, call the National Alliance for Eating Disorders helpline at 1‑866‑662‑1235.
3.4 NOT HIPAA-COVERED
Staven is not a "covered entity" or a "business associate" under the Health Insurance Portability and Accountability Act ("HIPAA"), 42 U.S.C. § 1320d et seq., and its implementing regulations. HIPAA does not apply to Staven or to the information you provide to us.
We do not claim HIPAA compliance, and no statement anywhere in the Service should be read as making that claim.
This does not mean your information is unprotected. It means it is protected by our own commitments in the Privacy Policy, by the Federal Trade Commission Act, by the FTC's Health Breach Notification Rule (16 C.F.R. Part 318), and by applicable state privacy laws — not by HIPAA. Our commitments about how we handle your health information are in the Privacy Policy, and they are binding on us.
3.5 Individual results vary
Staven makes no promise about any specific outcome. Weight, fitness, energy, sleep, and health outcomes depend on many factors outside our control, including genetics, medical conditions, medications, sleep, stress, and adherence. Nothing in the Service is a guarantee of results.
3.6 The coach is AI-generated and can be wrong
Staven's coaching responses are generated by a large language model. AI-generated content can be inaccurate, incomplete, out of date, or simply wrong, even when it sounds confident and specific.
- Do not treat Staven's output as verified fact.
- Verify anything that matters — especially anything involving your health, safety, or money — with a qualified professional.
- If Staven ever tells you something that sounds like medical advice, a diagnosis, or a recommendation to change a medication, it is wrong and you should disregard it. Please report it using the report control on the message.
We apply safety controls to the coach's output, including hard nutritional floors and routing to crisis resources. These controls reduce risk. They do not eliminate it.
3.7 Safety limits you cannot override
The Service enforces minimum nutritional floors and other safety limits that you cannot turn off, and it will decline to provide certain kinds of coaching in certain circumstances — including calorie-deficit coaching during pregnancy. These limits exist for your safety and are not defects. Attempting to circumvent them is a breach of these Terms (see § 10).
4. Your account
You must create an account to use the Service. You agree to:
- Provide accurate and complete information, and keep it current;
- Keep your credentials confidential;
- Be responsible for everything that happens under your account; and
- Notify us at josh@staven.app promptly if you suspect unauthorized access.
One account per person. Accounts are personal to you and may not be shared, sold, transferred, or used by more than one person.
Accurate health information matters. Staven's coaching is based on what you tell it. If you give us inaccurate information about your age, weight, height, sex, activity, medical conditions, or pregnancy status, the coaching you receive may be inappropriate or unsafe for you. You are responsible for the accuracy of the information you provide.
5. License to use the Service
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Staven app on Apple-branded devices that you own or control, and to access the Service, for your own personal, non-commercial use.
This license is granted under, and subject to, the Usage Rules of the Apple Media Services Terms and Conditions. If these Terms conflict with those Usage Rules, the Usage Rules control as to your use of the app on Apple devices.
We reserve all rights not expressly granted.
6. Intellectual property
6.1 Ours
The Service — including the software, the coaching methodology, the interface, the Staven name and logo, and all text, graphics, and other content we provide — is owned by Staven or our licensors and is protected by intellectual property laws. Nothing in these Terms transfers ownership of any of it to you.
6.2 Yours
You own the content you put into Staven — your messages, logs, goals, notes, photos, and everything else you provide ("Your Content").
You grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, and display Your Content solely to operate and provide the Service to you, including sending it to our service providers (see § 7) so they can generate coaching responses for you.
This license is narrow and deliberately so. It does not permit us to:
- publish Your Content;
- sell or license Your Content to anyone;
- share Your Content with advertisers, ad networks, or data brokers; or
- use Your Content to train third-party AI models.
The license ends when you delete Your Content or your account, except for backup copies that we delete on the schedule described in the Privacy Policy, and except where we must retain something to comply with law.
6.3 Feedback
If you send us ideas or suggestions about the Service, we may use them freely, without obligation or compensation to you. Please do not send us anything you consider confidential.
7. Third-party services
To provide the Service we use third-party providers, including:
| Provider | What it does |
|---|---|
| Anthropic, PBC | Generates the AI coaching responses |
| Supabase | Hosts our database |
| Vercel | Hosts our application infrastructure |
| Apple Inc. | Distributes the app and processes all payments |
Content you send to the coach is transmitted to Anthropic to generate a response. You consent to this separately during onboarding, and you can review that consent in the app at any time. Details of what is sent and how it is handled are in the Privacy Policy.
We select providers that we believe will protect your data at a standard equal to our own commitments, and we contract with them accordingly. We are not responsible for the acts or omissions of third parties beyond our contractual arrangements with them, and a third party's terms may also apply to you where you interact with them directly.
Apple Health. If you connect Apple Health, we read only the data types you approve, and you can revoke that access at any time in your device settings. We never write data to Apple Health except entries you have made yourself.
8. Subscriptions, free trial, billing, and cancellation
8.1 Subscription plans
Staven is a paid subscription service. Current plans:
| Plan | Price | Billing |
|---|---|---|
| Monthly | $29.99 per month | Charged every month |
| Annual | $249 per year (about $20.75/month) | Charged every 12 months |
| Founding Member (first 100 subscribers) | $15 per month | Charged every month |
Prices are in U.S. dollars and exclude any applicable taxes, which Apple collects and remits.
8.2 Founding Member pricing
The Founding Member rate of $15 per month is available to the first 100 subscribers. Your Founding Member rate stays $15 per month for as long as you keep the membership. If you cancel and subscribe again later on the same Apple ID, you get the $15 rate back. It never steps up to the standard price.
The rate is tied to the Apple ID you subscribed with, because Apple identifies subscriptions by Apple ID. A new subscription on a different Apple ID is at the then-current standard price. Founding Member pricing is personal to you and is not transferable.
8.3 Free trial and automatic conversion to a paid subscription
THIS IS A PAID SUBSCRIPTION WITH A FREE TRIAL. YOUR PAYMENT METHOD WILL BE CHARGED AUTOMATICALLY WHEN THE TRIAL ENDS UNLESS YOU CANCEL FIRST.
Specifically:
- New subscribers receive a 7-day free trial with full access to the Service.
- A valid payment method is required to start the trial.
- When the 7-day trial ends, your subscription automatically converts to a paid subscription and your payment method is charged the price of the plan you selected — $29.99/month, $249/year, or $15/month for Founding Members — unless you cancel at least 24 hours before the trial ends.
- Your subscription then renews automatically at the same interval, at the then-current price, until you cancel.
- Apple charges your payment method within 24 hours before the start of each new period.
- Free trials are limited to one per Apple ID per subscription group. If you have used a Staven free trial before, you will be charged immediately when you subscribe, and the app will tell you so before you purchase.
- If you cancel during the trial, you keep access until the trial ends and are not charged.
Before you provide billing information, we will show you — clearly and conspicuously, on one screen and without requiring you to open a link — all of the following: the name of the plan, what it includes, the length of the trial, the exact date and amount of your first charge, the renewal period and price, that it renews automatically until cancelled, and how to cancel. You must then affirmatively consent to those automatic renewal terms as a separate step from accepting these Terms.
We keep a record of that consent, including what you were shown and when you agreed.
8.4 Reminders before you are charged
Even where not required by law for a trial of this length, we will send you a reminder before your free trial converts to a paid subscription, and we will send you a reminder before each annual renewal, at least 30 days in advance. Reminders go to the email on your account and, if you have them enabled, as a push notification.
8.5 How to cancel
All Staven subscriptions are sold through Apple's In-App Purchase system. Apple, not Staven, manages billing and cancellation.
To cancel:
- In the Staven app: open Settings → Subscription → Manage Subscription. This takes you directly to your Apple subscription settings.
- On your device: open Settings → [your name] → Subscriptions → Staven → Cancel Subscription.
- On the web: go to apps.apple.com/account/subscriptions.
Cancellation takes effect at the end of your current billing period. You keep access until then. You must cancel at least 24 hours before the period ends to avoid being charged for the next one.
We do not put anything in your way. No phone call, no email, no chat, no retention offer, no survey, no "talk to your coach first." Cancelling takes the same number of steps as subscribing, or fewer.
We cannot cancel your subscription for you — Apple's system does not permit it. If you have trouble cancelling, email josh@staven.app and we will help you find the right screen and, where Apple permits, request a refund on your behalf.
8.6 Refunds
Apple processes all refunds for in-app purchases, at Apple's discretion, under Apple's policies. We do not control refund decisions and cannot issue refunds directly.
To request one, go to reportaproblem.apple.com.
If you believe you were charged in error, email josh@staven.app. We will look into it and, where we agree an error occurred, support your refund request with Apple. Where the law entitles you to a refund, you get one, and nothing in these Terms limits that right.
Except as required by law or as stated here, subscription fees are non-refundable and we do not provide partial refunds for unused time.
8.7 Price changes
We may change our prices. If we do:
- Your price will not change during a period you have already paid for.
- We will give you at least 30 days' notice before a price change takes effect for your subscription.
- Apple will ask you to consent to the new price. If you do not consent, your subscription will not renew at the new price.
- If you do not want the new price, cancel before it takes effect.
8.8 Failed payments
If a payment fails, Apple may retry it. During that period we may suspend or limit your access. If payment is not completed, your subscription will end.
9. Your right to cancel these Terms
You may stop using the Service and delete your account at any time, from Settings → Account → Delete Account in the app.
Deleting your account cancels nothing at Apple. If you have an active subscription, you must also cancel it in your Apple subscription settings (§ 8.5), or you will keep being charged. We will remind you of this during the deletion flow.
What happens to your data on deletion is described in the Privacy Policy.
10. Acceptable use
You agree not to:
- Use the Service if you are under 18.
- Use the Service to diagnose, treat, or manage a medical condition, or as a substitute for professional care.
- Attempt to circumvent the Service's safety controls, including nutritional floors, pregnancy protections, or crisis routing — including by giving false information about your age, weight, sex, medical conditions, or pregnancy status in order to obtain coaching the Service would otherwise decline to give.
- Use the Service to harm yourself or anyone else.
- Attempt to make the coach produce medical advice, harmful instructions, or content that violates these Terms — including through prompt injection, jailbreaking, or similar techniques.
- Reverse engineer, decompile, or disassemble the Service, except where that restriction is prohibited by law.
- Scrape, crawl, or use automated means to access the Service; or access it other than through the interfaces we provide.
- Resell, sublicense, or commercially exploit the Service or its output.
- Use the Service to build a competing product, or to train a machine learning model.
- Interfere with the Service's operation, security, or availability, or attempt to gain unauthorized access to any part of it or to another user's account.
- Share your account or your credentials.
- Upload malware, or any content that is unlawful, infringing, or that you do not have the right to provide.
- Violate any applicable law in connection with your use of the Service.
If you are struggling with disordered eating, the Service's safety limits exist to protect you. Trying to defeat them is a sign that Staven is not the right tool for you right now. Please contact the National Alliance for Eating Disorders at 1‑866‑662‑1235. We would rather lose you as a customer than harm you as one.
11. Suspension and termination
By you: at any time, per §§ 8.5 and 9.
By us: we may suspend or terminate your access, with or without notice, if:
- you breach these Terms;
- we reasonably believe your use of the Service presents a risk to your safety or someone else's;
- you fail to pay;
- we are required to by law; or
- we discontinue the Service.
If we terminate without cause — for example, because we shut down the Service — we will give you at least 30 days' notice by email, help you export your data, and, where Apple's system permits, support a pro-rata refund request for the unused portion of your term.
Sections 3, 6, 7, 12, 13, 14, 15, 16, 17, and 18 survive termination.
12. Changes to the Service and to these Terms
We may modify the Service, and we may update these Terms.
If we make a material change to these Terms, we will notify you at least 30 days in advance by email and in the app. Material changes apply going forward only — they do not apply retroactively to a dispute that already exists.
A change to § 16 (Arbitration) does not apply to any claim that arose before the change took effect. If you do not agree to a material change, your remedy is to cancel and stop using the Service before it takes effect.
Non-material changes (typos, clarifications, new provider names) take effect when posted.
The "Last updated" date at the top always reflects the current version.
13. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.
STAVEN AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, STAVEN DOES NOT WARRANT THAT:
- THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- ANY INFORMATION OR COACHING PROVIDED BY THE SERVICE, INCLUDING ANY AI-GENERATED CONTENT, WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, OR APPROPRIATE FOR YOU;
- THE SERVICE WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT, INCLUDING ANY HEALTH, FITNESS, WEIGHT, OR WELLNESS OUTCOME; OR
- DEFECTS WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STAVEN OR THROUGH THE SERVICE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN THAT CASE, ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE SHORTEST PERIOD PERMITTED BY LAW.
Assumption of risk. You acknowledge that changes to diet, exercise, and other health behaviors carry inherent risk; that you are voluntarily choosing to use the Service; that you will consult a qualified healthcare provider before beginning any diet or exercise program; and that you are responsible for your own decisions about your health.
14. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUBJECT TO § 14.3 BELOW:
14.1 No indirect damages
STAVEN AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT STAVEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 Cap
STAVEN'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID STAVEN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
14.3 What is NOT limited
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED. IN PARTICULAR, §§ 13, 14.1, AND 14.2 DO NOT APPLY TO:
- DEATH OR PERSONAL INJURY;
- FRAUD OR FRAUDULENT MISREPRESENTATION;
- WILLFUL MISCONDUCT OR WILLFUL INJURY TO THE PERSON OR PROPERTY OF ANOTHER;
- GROSS NEGLIGENCE;
- VIOLATION OF LAW; OR
- ANY LIABILITY UNDER A CONSUMER PROTECTION STATUTE THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT.
14.4 Basis of the bargain
You acknowledge that the pricing of the Service reflects this allocation of risk, and that these limitations are an essential basis of the bargain between you and Staven.
14.5 State exclusions
Some jurisdictions do not allow the exclusion or limitation of certain damages. If you live in one of them, some or all of §§ 14.1 and 14.2 may not apply to you, and you may have additional rights.
15. Indemnification
You agree to indemnify and hold harmless Staven and its officers, members, employees, and agents from any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or relating to:
- your breach of these Terms;
- your misuse of the Service, including any attempt to circumvent its safety controls;
- content you provide; or
- your violation of any law or of any third party's rights.
We will notify you of any such claim, and you may control the defense with counsel reasonably acceptable to us — but you may not settle any claim in a way that imposes any obligation or admission on us without our written consent. We may participate in the defense at our own expense.
This section does not apply to a claim arising from our own conduct.
16. DISPUTE RESOLUTION — ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT — SEE § 16.9.
16.1 Informal resolution first
Before starting an arbitration or a lawsuit, you and Staven agree to try to resolve the dispute informally.
Send a written Notice of Dispute to josh@staven.app (or by mail to the address in § 18.9) describing the dispute, what you want, and your account email. We will do the same if we have a dispute with you. Both parties agree to participate in good faith in an individual telephone or video conference within 60 days of the Notice, if either party requests one.
Neither party may start arbitration until 60 days after a Notice of Dispute is sent. The statute of limitations and any filing-fee deadlines are tolled during this period. Completing this process is a condition precedent to arbitration, and either party may seek a court order to enforce it.
16.2 Agreement to arbitrate
If the dispute is not resolved informally, you and Staven agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service — including its formation, interpretation, breach, termination, enforceability, or validity — will be resolved by binding individual arbitration, and not in court.
This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce.
16.3 Exceptions
This section does not apply to:
- Small claims court. Either party may bring an individual claim in small claims court if it qualifies and stays there.
- Injunctive relief for intellectual property. Either party may seek an injunction in court to stop infringement or misuse of intellectual property.
- Public injunctive relief. See § 16.8.
- Any claim that, as a matter of law, cannot be arbitrated.
16.4 Arbitration rules and forum
Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, including the AAA's supplementary rules for mass arbitration where applicable.
- The arbitration will be conducted by a single arbitrator.
- Unless you and Staven agree otherwise, hearings will be held by telephone or video conference, or, if an in-person hearing is required, in the county where you live or another mutually agreed location.
- We will pay all filing, administrative, and arbitrator fees that exceed what you would pay to file in court, except where the arbitrator determines your claim was frivolous or brought for an improper purpose.
- The arbitrator may award any relief a court could award on an individual basis, and must issue a written decision explaining the award.
- You may be represented by a lawyer, or represent yourself.
16.5 CLASS ACTION WAIVER
YOU AND STAVEN 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, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING, except as expressly provided in § 16.6.
YOU AND STAVEN WAIVE ANY RIGHT TO A JURY TRIAL.
16.6 Coordinated filings
If 25 or more similar arbitration demands are filed against Staven by or with the assistance of the same law firm or coordinated group, the parties agree that:
- the demands may be processed in concurrent batches of up to 50, so that claimants are not left in an indefinite queue;
- the limitations period is tolled for every claimant awaiting a batch;
- the parties will attempt global mediation before the second batch proceeds; and
- no bellwether outcome binds any claimant who was not a party to it.
16.7 Severability
If any part of §§ 16.2 through 16.6 is held unenforceable, that part is severed and the rest remains in effect — except that if § 16.5 (Class Action Waiver) is held unenforceable as to a particular claim, then that claim, and only that claim, will proceed in court rather than in arbitration, and the arbitration of any other claim continues.
16.8 Public injunctive relief
Nothing in this § 16 waives, limits, or precludes any right to seek public injunctive relief. If a claim for public injunctive relief is asserted, that claim will be severed and stayed pending the outcome of arbitration of the remaining claims, and litigated in a court of competent jurisdiction. The rest of this § 16 remains in full force.
This § 16.8 is not severable. If it is held unenforceable, the entirety of § 16.2 (Agreement to Arbitrate) is unenforceable as to the claim for public injunctive relief only.
16.9 YOUR RIGHT TO OPT OUT — 30 DAYS
You can opt out of this arbitration agreement. Send an email to josh@staven.app with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms, including your name and the email address on your account.
Opting out costs you nothing. It will not affect your subscription, your price, or your access to the Service in any way. If you opt out, disputes will be resolved in court under § 17, and §§ 16.2 through 16.6 will not apply to you.
If you do not opt out within 30 days, you are bound by this arbitration agreement.
16.10 Changes to this section
If we materially change this § 16 after you accept these Terms, the change does not apply to any claim that arose before the change took effect, and you will have a fresh 30-day window to opt out of the changed version.
16.11 Survival
This § 16 survives termination of these Terms and your account.
17. Governing law and venue
These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute not subject to arbitration, and for any action to enforce an arbitration award, you and Staven consent to the exclusive jurisdiction of the state and federal courts located in the State of Illinois, and waive any objection to venue there.
Nothing in this section deprives you of the protection of any mandatory consumer-protection law of the state where you live that cannot be varied by agreement.
18. General
18.1 Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Staven about the Service, and supersede any prior agreement or understanding. There are no separate promotional terms, contest rules, or program terms containing their own dispute-resolution provisions.
18.2 Severability. If any provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the rest remains in effect — except as § 16.8 provides.
18.3 No waiver. Our failure to enforce any provision is not a waiver of it.
18.4 Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets, on notice to you.
18.5 Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
18.6 Relationship. Nothing here creates a partnership, joint venture, employment, or agency relationship between you and Staven.
18.7 Notices. We may send notices to the email on your account or through the app. You send notices to josh@staven.app.
18.8 Export and sanctions. You represent that you are not located in a country subject to a U.S. Government embargo, and are not on any U.S. Government restricted-party list.
18.9 Contact.
Staven LLC
2001 E Hopi Ln, Mount Prospect, IL 60056
josh@staven.app
19. Apple-specific terms
You acknowledge and agree that:
- These Terms are between you and Staven only, not with Apple. Apple is not responsible for the Service or its content.
- Staven, not Apple, is solely responsible for the Staven app and its content.
- Apple has no obligation to furnish any 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 of the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app.
- Staven, not Apple, is responsible for addressing any claim by you or a third party relating to the app or your possession or use of it, including product liability claims, claims that the app fails to conform to a legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
- Staven, not Apple, is responsible for investigating, defending, settling, and discharging any third-party claim that the app infringes that third party's intellectual property rights.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
- Contact information for questions, complaints, or claims about the app: josh@staven.app.
20. State-specific consumer notices
California residents. Under Cal. Civ. Code § 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952‑5210. You may also have rights under California's Automatic Renewal Law, Bus. & Prof. Code §§ 17600–17606; nothing in these Terms limits them.
New York residents. Nothing in these Terms limits any right you have under N.Y. Gen. Bus. Law §§ 527 and 527‑a.
Illinois residents. Nothing in these Terms limits any right you have under the Automatic Contract Renewal Act, 815 ILCS 601, or the Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505.