MYWORKINGMEMORY LLC
Terms of Service and End-User License Agreement
IMPORTANT: Please read these Terms. Section 15 contains a binding individual arbitration provision, class-action waiver, and jury-trial waiver. You may opt out of arbitration within 30 days.
1. Acceptance and Electronic Consent
These Terms of Service and End-User License Agreement (“Terms”) are a legal agreement between you and Myworkingmemory LLC, a Tennessee limited liability company (“Company,” “we,” “us,” or “our”), for the Oddword iOS and iPadOS application and related support materials (the “Services”). By downloading, purchasing, opening, or using the Services, you agree to these Terms and our Privacy Policy and consent to transact electronically.
2. Product Schedule: Oddword
Oddword is a recreational odd-one-out word-logic game. Users examine four words, identify the one word that does not share a relationship with the other three, and receive a plain-language explanation after every answer. The App includes handcrafted puzzles, local progress, multiple play lengths, and no account, advertising, subscription, or in-app purchase.
The App is for entertainment and general educational practice. It is not a medical, psychological, educational-assessment, legal, financial, or other professional service and does not promise cognitive, academic, health, or commercial outcomes.
3. License Grant
Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for personal, lawful, non-commercial use on Apple-branded devices that you own or control, as permitted by Apple’s Media Services Terms and Usage Rules.
4. Apple App Store Terms
These Terms are between you and Company only, not Apple. Company, not Apple, is solely responsible for the Services and their content. Apple has no obligation to furnish maintenance or support. If the Services fail to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price if required by its policies. To the maximum extent permitted by law, Apple has no other warranty obligation.
Company, not Apple, is responsible for addressing claims relating to the Services, including product-liability, legal-compliance, consumer-protection, and intellectual-property claims. 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 are not on a U.S. government restricted-party list. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them.
5. Purchase, Pricing, and Refunds
Oddword is intended as a one-time paid App Store download. It contains no subscription or in-app purchase. Apple handles payment processing, billing, taxes where applicable, family controls, territory pricing, and refunds. We do not receive your payment-card information. Except where required by law or Apple policy, purchases are non-refundable; Apple controls App Store refund decisions.
6. User Responsibilities
You must use the Services lawfully and may not misuse the App, interfere with its operation, attempt unauthorized access, distribute malicious code, harass others through support channels, infringe intellectual-property rights, or use the Services to violate law.
7. Puzzle Content and Results
We aim to provide familiar words, clear relationships, and a single intended outlier. Language and categorization can have regional, contextual, and evolving meanings. We do not guarantee that every relationship will be interpreted identically by every user or that the Services will be uninterrupted or error-free. Explanations state the intended relationship for recreational play.
8. Privacy and Local Data
Our Privacy Policy explains the App’s privacy posture. In brief, gameplay and progress remain on your device and are not transmitted to Company. Deleting the App removes local data, subject to Apple-controlled backups and restoration. Support email is voluntary.
9. Company Intellectual Property
The Services, App design, code, trade dress, puzzle selection and arrangement, relationships, explanations, screenshots, icons, documentation, names, marks, and Company materials are owned by Company or its licensors. Except for the license granted above, Company reserves all rights.
You may not copy, modify, distribute, sell, lease, sublicense, publish, scrape, harvest, reverse engineer, decompile, disassemble, bypass technical limits, or use Company materials to train a machine-learning model or build a competing service, except where applicable law expressly forbids such restrictions.
10. Third-Party Services
The Services depend on Apple platforms and services, including iOS, iPadOS, the App Store, device storage, and optional Apple-controlled backups and diagnostics. Company Parties are not responsible for third-party acts, omissions, outages, data practices, refund decisions, platform rules, or discontinuation.
11. Termination and Changes
We may modify, suspend, discontinue, or terminate the Services or your license if you violate these Terms, create risk, misuse Company materials, or if a third-party dependency changes. We may update these Terms by posting an updated version and, for material changes where practical, providing notice.
12. Disclaimers and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” COMPANY PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, SECURITY, AVAILABILITY, AND ERROR-FREE OPERATION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, DEVICE FAILURE, OR COSTS OF SUBSTITUTE SERVICES. COMPANY PARTIES’ TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR USD $100. NOTHING LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless Company Parties from third-party claims, damages, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from your misuse of the Services, breach of these Terms, violation of law, or violation of third-party rights.
14. Definitions
“Company Parties” means Myworkingmemory LLC and its members, managers, officers, employees, agents, contractors, licensors, successors, and affiliates. “You” means the person who downloads, purchases, accesses, or uses the Services.
15. Dispute Resolution: Arbitration, Class Waiver, and Jury Waiver
15.1 Informal Resolution First
Before filing arbitration or any permitted court proceeding, you and Company Parties must send a written Notice of Dispute and attempt in good faith to resolve the dispute informally for 60 days. Notices to Company must be sent to dean@myworkingmemory.ai and include your name, contact information, facts, and requested relief.
15.2 Binding Individual Arbitration
Except for the carve-outs below, disputes arising from the Services or these Terms must be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The Federal Arbitration Act governs. Arbitration is seated in Nashville, Davidson County, Tennessee, with remote or documents-only proceedings where AAA rules allow.
15.3 Individual Proceedings Only
Claims may be brought only in an individual capacity, not as a plaintiff, class member, private attorney general, or representative in a class, collective, consolidated, representative, or mass action. No arbitration may proceed on such a basis without all parties’ written consent.
15.4 Jury Trial Waiver and Opt-Out
For any claim not arbitrated, you and Company Parties knowingly and voluntarily waive trial by jury. You may opt out of this arbitration section within 30 days after first accepting these Terms by emailing arbitration-optout@myworkingmemory.ai with your name, the App name, and a clear opt-out statement.
15.5 Small Claims, Injunctive Relief, and Severability
Either party may bring an individual qualifying claim in small-claims court. Company Parties may seek injunctive relief in state or federal courts in Davidson County, Tennessee for intellectual-property misuse, scraping, reverse engineering, or unauthorized access. If the class waiver is unenforceable as to a claim, the arbitration section is void as to that claim, which must proceed individually in court.
16. Governing Law, Forum, and Claim Deadline
Tennessee law governs these Terms, excluding conflicts rules, except the Federal Arbitration Act governs Section 15. For non-arbitrable claims, the parties consent to exclusive jurisdiction and venue in Davidson County, Tennessee, except where law requires otherwise. To the maximum extent permitted by law, a claim must be filed within one year after it arose.
17. Covenant Not to Sue Members Individually
Your agreement is with Myworkingmemory LLC, not its members personally. To the maximum extent permitted by law, you covenant not to sue Company members, managers, officers, employees, agents, contractors, licensors, successors, or affiliates individually for claims arising from the Services.
18. General Terms
Company may assign these Terms; you may not without written consent. No waiver is effective unless written. If a provision is unenforceable, remaining provisions remain effective, except as stated in Section 15. These Terms and the Privacy Policy are the entire agreement for the Services. English controls over translations. Provisions that by nature should survive will survive.
19. Contact
Myworkingmemory LLC · Nashville, Tennessee, United States · dean@myworkingmemory.ai