AppWaffle

Terms of Service

Last updated: 2026-04-28

These Terms of Service ("Terms") govern your access to and use of the website at appwaffle.com (the "Site"), which is operated by App Waffle LLC, a Florida limited liability company ("App Waffle," "we," "us," or "our"). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, do not use the Site.

If you have any questions about these Terms, email us at legal@appwaffle.com.

1. Acceptance of these Terms

These Terms form a binding agreement between you and App Waffle LLC. Your access to and use of the Site constitutes your acceptance of these Terms and of our Privacy Policy, which is incorporated by reference and available at appwaffle.com/privacy. If you are accessing the Site on behalf of an organization, you represent that you have authority to bind that organization to these Terms, in which case "you" refers to that organization.

We may modify these Terms at any time by posting an updated version to this page and revising the "Last updated" date at the top. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, your remedy is to stop using the Site.

2. Eligibility

The Site is a general-audience marketing website. You may use the Site only if you can form a legally binding contract with App Waffle under the law that applies to you, and only if your use is not prohibited by any law applicable to you. The Site is not directed to children under 13, and we do not knowingly allow children under 13 to use the Site in any way that requires them to provide personal information.

3. The Site and our products

The Site is informational. It describes App Waffle and the products we are building, including our forthcoming app Waffle Ball, a physics-based tennis game with an AI opponent. Information on the Site about products that are not yet released is forward-looking, may change, and does not constitute a binding commitment to release any product on any particular timeline or at all. Any product we do release will be governed by its own terms of use, end-user license agreement, or app-store terms, which will be made available at the time of release.

4. Intellectual property

All content on the Site, including text, graphics, logos, images, page layouts, and the underlying code, is owned by App Waffle LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual-property laws.

"App Waffle" and "Waffle Ball" are trademarks of App Waffle LLC. Use of those names, our logos, or any confusingly similar marks without our prior written permission is prohibited. All other trademarks, service marks, and trade names referenced on the Site are the property of their respective owners.

Subject to your compliance with these Terms, App Waffle grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Site for your personal, non-commercial informational purposes. This license does not permit you to copy, reproduce, modify, distribute, publicly display, publicly perform, republish, scrape, frame, mirror, or create derivative works of any portion of the Site, except that your browser may make ordinary local copies of pages incidental to viewing them. All rights not expressly granted are reserved.

5. Acceptable use

You agree not to:

  • use the Site in any way that violates any applicable law or regulation;
  • access the Site by any automated means (including bots, crawlers, or scrapers) other than well-behaved search-engine indexers operating in accordance with our robots configuration;
  • attempt to probe, scan, or test the vulnerability of the Site, or to breach any security or authentication measure;
  • interfere with or disrupt the Site or any server or network connected to it, including by transmitting malware, sending excessive requests, or conducting any kind of denial-of-service activity;
  • impersonate App Waffle or any other person or entity, or misrepresent your affiliation with any person or entity;
  • use the Site to transmit unlawful, harassing, defamatory, infringing, or otherwise objectionable content; or
  • use any portion of the Site, or any name, mark, or branding associated with App Waffle, in a manner that suggests endorsement or sponsorship that does not exist.

We may suspend, restrict, or block access to the Site by anyone who violates these Terms or whom we reasonably suspect of doing so, without notice and without liability.

6. Feedback

If you send us suggestions, ideas, or feedback about the Site or our products (whether by email or otherwise), you agree that App Waffle is free to use that feedback for any purpose, without restriction or compensation to you. You represent that any feedback you provide is your own and does not infringe the rights of any third party.

7. Third-party links

The Site may link to third-party websites, services, or app-store listings. Those third parties are not under our control. We provide such links only as a convenience and are not responsible for the content, accuracy, security, or practices of any third-party site, and the inclusion of any link does not imply our endorsement. Your use of any third-party site is governed by that site's own terms and policies.

8. Disclaimers

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APP WAFFLE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

App Waffle does not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that the Site or its servers are free of viruses or other harmful components, or that any information on the Site is accurate, complete, or current. You use the Site at your own risk.

Some jurisdictions do not allow the exclusion of certain warranties, so portions of the above disclaimer may not apply to you. In that case, those warranties are limited to the minimum extent permitted by law.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL APP WAFFLE LLC, ITS MEMBERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF APP WAFFLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APP WAFFLE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE TOTAL AMOUNT YOU HAVE PAID TO APP WAFFLE IN CONNECTION WITH THE SITE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Because the Site is provided free of charge, this cap is, in practice, US$100.

The limitations in this section apply to the maximum extent permitted by law and even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full; in that case, our liability is limited to the minimum extent permitted by law. Nothing in these Terms limits or excludes liability for fraud, fraudulent misrepresentation, gross negligence, or any other liability that cannot be lawfully limited or excluded.

10. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless App Waffle LLC and its members, officers, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Site in violation of these Terms; (b) your violation of any law or of the rights of any third party; or (c) any content you submit, transmit, or otherwise make available to us in connection with the Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate with us in asserting any available defenses.

11. Governing law and venue

These Terms and any dispute or claim arising out of or relating to them or to the Site (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Florida, USA, without regard to its conflict-of-laws principles, and, where applicable, the federal laws of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

You and App Waffle agree that the exclusive jurisdiction and venue for any action permitted by Section 12 to be brought in court will be the state courts located in Lee County, Florida, or, where federal jurisdiction exists, the United States District Court for the Middle District of Florida, Fort Myers Division, and you consent to the personal jurisdiction of those courts. This section does not deprive you of any mandatory consumer protections under the law of your country of residence.

12. Dispute resolution

If a dispute arises between you and App Waffle, we both agree to first try to resolve it informally. Before filing any formal action, you agree to send a written notice of the dispute to legal@appwaffle.com describing the nature of the claim and the relief sought, and to allow at least thirty (30) days for App Waffle to respond and, if possible, resolve the matter without litigation. If we are unable to resolve the dispute informally within that period, either party may bring an action in the courts identified in Section 11.

These Terms do not contain a mandatory arbitration clause or a class-action waiver. Either party retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual-property rights or confidential information.

13. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. The provisions of these Terms that by their nature should survive termination will survive, including without limitation Sections 4 (Intellectual property), 6 (Feedback), 8 (Disclaimers), 9 (Limitation of liability), 10 (Indemnification), 11 (Governing law and venue), 12 (Dispute resolution), and 14 (General).

14. General

Entire agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and App Waffle regarding the Site and supersede any prior or contemporaneous understandings on that subject.

Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by law and the remaining provisions will remain in full force and effect.

No waiver. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. A waiver of any term will be effective only if in writing and signed by an authorized representative of App Waffle.

Assignment. You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so will be void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of assets.

No agency. Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and App Waffle.

Notices. We may give notices to you by posting them on the Site or by sending them to any email address you have provided to us. You must give notices to us by email at legal@appwaffle.com.

Headings. Section headings are for convenience only and do not affect interpretation.

15. How to contact us

If you have any questions about these Terms, please email us at legal@appwaffle.com. You can also write to us at App Waffle LLC, Bonita Springs, Florida, USA.