Terms & Conditions

These Terms & Conditions ("Terms") form a binding agreement between you and Shinobi LLC, a New Mexico limited liability company with its principal office at 1209 Mountain Road Pl NE, Ste H, Albuquerque, NM 87110, United States ("Shinobi", "we", "us", or "our"). They govern your access to and use of the Coco Chinese mobile application, website, and related services (the "Service"). By creating an account, downloading the app, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old (or the age of digital consent in your jurisdiction, if higher) to use the Service. If you are between that age and the age of majority where you live, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf. You must provide accurate information and keep your account credentials confidential.

2. License

Subject to your compliance with these Terms, Shinobi grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on devices you own or control, solely for your personal, non-commercial learning use. All rights not expressly granted are reserved.

3. Apple App Store additional terms (EULA)

The following terms apply if you download the app from the Apple App Store and are in addition to the standard terms above. In the event of a conflict, the Apple-specific terms below prevail for App Store distribution.

• Acknowledgment. These Terms are concluded between you and Shinobi LLC only, and not with Apple Inc. ("Apple"). Shinobi, not Apple, is solely responsible for the Service and its content.
• Scope of license. The license granted is limited to a non-transferable license to use the app on any Apple-branded product 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 app may also be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
• Maintenance and support. Shinobi is solely responsible for any maintenance and support services, as specified in these Terms or as required by applicable law. Apple has no obligation to provide maintenance and support services in relation to the app.
• Warranty. Shinobi is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you; to the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the app.
• Product claims. Shinobi, not Apple, is responsible for addressing any claims by you or any third party relating to the app, including product liability claims, any claim that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property claims. In the event of any third-party claim that the app or your use infringes that third party's intellectual property rights, Shinobi, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal compliance. You represent 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.
• Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance, 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.

4. Subscriptions and payments

• Billing. Paid subscriptions are billed in advance through your Apple ID (App Store) or Google account (Google Play). Prices are displayed in the app prior to purchase.
• Auto-renewal. Subscriptions renew automatically at the end of each billing period unless canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.
• Managing and canceling. You can manage subscriptions and turn off auto-renewal in your Apple ID or Google Play account settings after purchase. Deleting the app does not cancel your subscription.
• Free trials. Any unused portion of a free trial is forfeited when you purchase a subscription, where applicable.
• Refunds. Refunds, where available, are handled by Apple or Google pursuant to their respective policies. Contact us at get@coco-chinese.com for assistance.
• Taxes. Prices may include or exclude applicable taxes, as indicated at checkout.

5. User conduct

You agree not to, and not to assist any third party to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Service, except where permitted by law.
• Copy, modify, distribute, sell, lease, or create derivative works of the Service or its content.
• Use the Service to transmit malware, spam, or unlawful content.
• Circumvent usage limits, authentication, or access controls.
• Use automated means (bots, scrapers) to access the Service, except for public, unauthenticated pages with a reasonable rate.
• Use the Service in a way that violates any applicable law or regulation.

6. User content

If you submit content to the Service (for example, notes, bookmarks, or support messages), you retain ownership but grant Shinobi a worldwide, royalty-free, non-exclusive license to host, store, reproduce, and display that content solely to operate and improve the Service. You are responsible for ensuring you have the rights to submit the content and that it does not violate these Terms or any third-party rights.

7. Intellectual property

The Service, including all software, text, graphics, audio, and other content (excluding user content), is owned by Shinobi LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws. "Coco Chinese" and the Coco dragon mascot are trademarks of Shinobi LLC.

8. Third-party content

The Service may include or link to third-party content. Shinobi does not endorse and is not responsible for any third-party content or services. Your use of third-party content is at your own risk and subject to the applicable third-party terms.

9. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the Service. Upon termination, your license ends, but provisions that by their nature should survive (including Sections 7, 10, 11, 12, 13, and 14) will survive.

10. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SHINOBI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY LEARNING OUTCOMES WILL BE ACHIEVED.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SHINOBI, ITS AFFILIATES, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) USD $50.

12. Indemnification

You agree to indemnify and hold harmless Shinobi and its affiliates from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Service, or your violation of any law or third-party right.

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of New Mexico, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting get@coco-chinese.com. If the dispute is not resolved within 60 days, either party may bring a formal proceeding.

Binding arbitration and class-action waiver. Except for small-claims actions and claims for injunctive relief, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by a recognized arbitration provider under its consumer rules, seated in Albuquerque, New Mexico. YOU AND SHINOBI WAIVE THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You may opt out of this arbitration clause within 30 days of first accepting these Terms by emailing get@coco-chinese.com with your name and a clear statement that you wish to opt out.

14. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance.

15. Miscellaneous

• Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Shinobi regarding the Service.
• Severability. If any provision is held unenforceable, the remainder will remain in effect.
• No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.

16. Contact