Terms of Service
Effective Date: June 11, 2026
Welcome to Floating Point Applications ("Company", "we", "our", or "us"), a business organized under the laws of the Commonwealth of Pennsylvania. These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you ("User", "you", or "your") and Floating Point Applications (including its founder, Andrew David Alberico) governing your access to and use of our mobile applications, including but not limited to Fold, Stashly, and Device Finder, and any future applications we may release (collectively, the "Apps"), as well as our website located at floatingpointapps.com (the "Site").
PLEASE READ THESE TERMS CAREFULLY. By downloading, installing, accessing, or using any of our Apps or visiting our Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not use our Apps or Site.
📑 Index
1. Definitions
For the purposes of this Agreement, the following definitions apply:
- "Content" means all text, graphics, images, logos, icons, software, audio, video, data compilations, and other materials included in or made available through the Apps or Site.
- "User Data" means any data, information, or content that you enter, upload, store, or generate through your use of the Apps, including but not limited to bet logs, catalog entries, and device scan results.
- "Device" means any smartphone, tablet, or other compatible electronic device on which you install or access the Apps.
- "Third-Party Services" means any services, applications, websites, or platforms operated by entities other than Floating Point Applications that may interact with or be accessible through the Apps.
- "Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, trade dress, moral rights, and any other intellectual property rights recognized under applicable law.
2. Eligibility
You must be at least thirteen (13) years of age to use our Apps. If you are between the ages of thirteen (13) and eighteen (18) (or the age of legal majority in your jurisdiction, whichever is greater), you may only use the Apps with the prior consent and under the active supervision of a parent or legal guardian who agrees to be bound by these Terms.
Higher age requirements apply to certain Apps. Notwithstanding the foregoing, Fold may only be downloaded and used by persons who are at least eighteen (18) years of age (or the age of majority in their jurisdiction, whichever is greater), due to its gambling-related subject matter. See Section 4.1 for details.
By using our Apps, you represent and warrant that: (a) you meet the eligibility requirements stated above; (b) you have the legal capacity to enter into this Agreement; (c) you are not barred from using the Apps under any applicable law; and (d) if you are agreeing to these Terms on behalf of a minor, you are the minor's parent or legal guardian and accept full responsibility for the minor's use of the Apps.
We do not knowingly collect personal information from children under the age of thirteen (13) in compliance with the Children's Online Privacy Protection Act (COPPA). If we become aware that we have inadvertently collected personal information from a child under 13, we will take prompt steps to delete such information. If you believe a child under 13 has provided us with personal information, please contact us immediately at support@floatingpointapps.com.
3. License & Permitted Use
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our Apps on a Device that you own or control, solely for your personal, non-commercial purposes. This license does not constitute a sale of the Apps or any copy thereof, and we retain all right, title, and interest in and to the Apps.
You agree NOT to:
- Copy, reproduce, modify, adapt, translate, distribute, sell, lease, sublicense, or create derivative works based upon the Apps or any Content therein;
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Apps, except to the extent that such restriction is expressly prohibited by applicable law;
- Use the Apps for any unlawful, fraudulent, malicious, or harmful purpose, or in any manner that violates applicable local, state, national, or international law or regulation;
- Attempt to gain unauthorized access to any systems, networks, servers, or databases connected to or used by the Apps;
- Remove, alter, obscure, or tamper with any copyright, trademark, or other proprietary notices displayed within the Apps;
- Use the Apps in any manner that could damage, disable, overburden, or impair the functioning of the Apps or interfere with any other party's use of the Apps;
- Use any automated means, including bots, scrapers, or spiders, to access, monitor, or interact with the Apps;
- Transmit any viruses, worms, trojans, or other malicious code through or in connection with the Apps.
We reserve the right to revoke this license at any time, for any reason, at our sole discretion.
4. App-Specific Terms
In addition to the general terms above, the following provisions apply to specific Apps:
4.1 Fold — Bet Logging Utility
Fold is a personal bet logging and tracking utility designed to help users record wagers, log odds, and review bankroll history. No actual betting, wagering, gambling, or financial transactions of any kind take place within the Fold App. Fold does not facilitate, process, broker, or intermediate any bets or wagers.
Age Requirement: Due to its gambling-related subject matter, Fold may only be used by persons who are at least eighteen (18) years of age, or the age of majority in their jurisdiction, whichever is greater. By using Fold, you represent and warrant that you meet this age requirement. The parental-supervision allowance in Section 2 does not apply to Fold.
Fold includes an optional AI-powered analysis assistant (powered by Google Gemma 4 E2B, running entirely on your device) that can provide statistical breakdowns, bankroll performance summaries, and assist with logging bets through conversational commands. The AI assistant has tool-calling capabilities that allow it to read from and write to your local database, as well as modify app settings, based on your instructions. All AI processing occurs exclusively on your device — no betting data is transmitted to external servers. See Section 4.4 for important AI disclaimers.
All data entered into Fold is stored exclusively on your local Device and is not transmitted to our servers. You are solely responsible for: (a) the accuracy, legality, and completeness of the information you enter; (b) complying with all applicable laws, regulations, and ordinances in your jurisdiction regarding betting, wagering, or gambling activities; and (c) any decisions made based on information tracked within the App. Floating Point Applications shall not be liable for any losses, damages, or legal consequences arising from your betting or wagering activities outside of the App.
4.2 Stashly — Sewing & Crafting Catalog
Stashly is a personal cataloging utility for managing fabrics, patterns, notions, and crafting supplies. All catalog data is stored locally on your Device using a local database architecture and is not transmitted to our servers.
We are not responsible for any loss of data resulting from Device failure, operating system updates, app uninstallation, Device theft, hardware malfunction, or any other cause. You acknowledge that it is your sole responsibility to maintain backups of any important data stored within the App.
4.3 Device Finder — Bluetooth Tracker
Device Finder uses Bluetooth Low Energy (BLE) scanning and, where applicable, Location Services to detect and estimate the proximity of nearby Bluetooth-enabled devices. The App requires your explicit, informed permission to access Bluetooth and Location hardware on your Device.
Device Finder includes an optional AI-powered Bluetooth analyst and security assistant (powered by Google Gemma 4 E2B, running entirely on your device) that can analyze your surrounding environment, detect and explain potential security threats (such as unknown tracking devices), and provide structured analysis of nearby Bluetooth devices. The AI assistant has tool-calling capabilities that allow it to trigger Bluetooth scans, query scan results, and manage saved devices based on your conversational commands. All AI processing occurs exclusively on your device. See Section 4.4 for important AI disclaimers.
Device Finder is provided as a utility tool and does not guarantee the successful location or recovery of any device. Detection accuracy depends on environmental factors (including physical obstructions, electromagnetic interference, and distance), target device capabilities, signal conditions, and other variables beyond our control. You agree not to use Device Finder to track, locate, or monitor any person or property without proper legal authorization. We disclaim all liability for any failure to locate a device or for any actions taken based on information provided by the App.
4.4 Artificial Intelligence Features & Disclaimers
Certain Apps (currently Fold and Device Finder) incorporate artificial intelligence and machine learning features ("AI Features") powered by Google Gemma 4 E2B, an on-device large language model. By using the AI Features, you acknowledge and agree to the following:
4.4.1 Use of AI Technology
The AI Features utilize on-device machine learning models to generate text-based responses, statistical analyses, and actionable commands within the Apps. All AI processing occurs entirely on your device — your data is never transmitted to external servers for AI processing. AI Features are entirely opt-in: you must actively download the AI model, open the AI assistant, and accept the in-app AI disclaimer before any AI processing begins. The core functionality of each App remains fully available without using AI Features.
AI Training Data Disclosure: We do not collect, harvest, or transmit your local interactions with the AI Features to train, fine-tune, or improve our models or any third-party foundational models. Your prompts, queries, and all AI-generated responses remain exclusively on your device and are never uploaded to any server or cloud service for any purpose, including model improvement, analytics, or research.
4.4.2 AI Content Is Not Professional Advice
4.4.3 No Guarantee of Accuracy
The AI Features are experimental tools. AI-generated outputs are probabilistic in nature and may contain errors, inaccuracies, hallucinations, biased outcomes, or omissions. We do not warrant, represent, or guarantee the accuracy, completeness, reliability, or timeliness of any AI-generated content. Specifically:
- Past performance data and statistical analyses do not guarantee future results;
- AI-generated security assessments (such as identifying potential tracking devices) may produce false positives or false negatives;
- AI tool-calling actions (such as logging bets or modifying settings) are executed based on the AI's interpretation of your instructions, which may not always be accurate;
- AI outputs may reflect biases present in the underlying model's training data, which may result in outputs that are incomplete, skewed, or inappropriate for your specific context;
- The AI may exhibit unintended behaviors, including generating responses that are irrelevant, contradictory, or factually incorrect (commonly known as "hallucinations").
4.4.4 Assumption of Risk
You acknowledge and agree that any decisions or actions you take based on AI-generated content are made entirely at your own risk. You are solely responsible for evaluating the appropriateness of any AI-generated output for your particular circumstances. You should review all AI-initiated database writes (such as logged bets) for accuracy.
4.4.5 Limitation of Liability for AI Features
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLOATING POINT APPLICATIONS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO: (A) YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT; (B) ANY ERRORS, INACCURACIES, OR OMISSIONS IN AI-GENERATED OUTPUTS; (C) ANY DECISIONS MADE OR ACTIONS TAKEN BASED ON AI-GENERATED CONTENT; (D) ANY FINANCIAL LOSSES RESULTING FROM RELIANCE ON AI-GENERATED ANALYSES; OR (E) ANY ACTIONS PERFORMED BY THE AI ASSISTANT THROUGH TOOL-CALLING CAPABILITIES.
4.4.6 Responsible Use & Acceptable Use Policy
You agree to use the AI Features responsibly and in compliance with all applicable laws and regulations, including but not limited to gambling laws and regulations in your jurisdiction. You acknowledge and agree that:
- AI-generated analyses and predictions are not intended to encourage, promote, or facilitate unlawful gambling activity;
- You will not use AI-generated security assessments to engage in unauthorized surveillance or tracking of other persons;
- You are interacting with an artificial intelligence system, not a human advisor or professional;
- You will not use the AI Features to generate, promote, or distribute illegal, harmful, discriminatory, defamatory, threatening, harassing, or malicious content;
- You will not attempt to manipulate, exploit, or circumvent the AI's safety mechanisms, content filters, or operational boundaries (commonly known as "jailbreaking" or "prompt injection");
- You will not use the AI Features to infringe upon, misappropriate, or violate the intellectual property rights, privacy rights, or other legal rights of any third party;
- You will report any AI outputs that appear harmful, offensive, or inappropriate using the in-app reporting mechanism.
Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to the AI Features or the Apps, at our sole discretion and without prior notice.
4.5 Purchases & Payments
Certain Apps offer optional in-app purchases ("Purchases"). For example, Fold offers a one-time premium upgrade that unlocks additional features. By making a Purchase, you acknowledge and agree that:
- Processing: All Purchases are processed by the App Store through which you downloaded the App (e.g., Google Play). We do not collect, receive, or store your payment card details, banking information, or billing address. Payment information is handled exclusively by the App Store under its own terms and privacy policy.
- Pricing: The price of any Purchase is displayed within the App and in the App Store checkout flow before you confirm the transaction. Prices may vary by region and may change for future purchasers; changes do not affect Purchases you have already completed.
- One-Time License: Unless expressly stated otherwise, Purchases are one-time, non-recurring transactions that grant you a personal, non-transferable license to access the purchased features for the lifetime of the App on your App Store account. Purchases are not subscriptions and do not auto-renew.
- Refunds: Refunds are handled in accordance with the refund policies of the App Store through which you made the Purchase (e.g., Google Play's refund policy) and applicable consumer protection law. Nothing in these Terms limits any non-waivable statutory refund rights you may have in your jurisdiction. You may also contact us at support@floatingpointapps.com for assistance with a refund request.
- Restoring Purchases: If you reinstall an App or move to a new device using the same App Store account, you can restore your Purchase using the in-app "Restore Purchases" option at no additional charge.
5. Intellectual Property
All Content, features, functionality, user interfaces, visual design, trademarks, service marks, trade names, logos, and other Intellectual Property Rights associated with the Apps and Site are and shall remain the exclusive property of Floating Point Applications or our licensors. These elements are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms do not grant you any right, title, or interest in our Intellectual Property beyond the limited, revocable license described in Section 3. Any unauthorized use of our Intellectual Property may subject you to civil liability and criminal prosecution.
6. User Data, Privacy & Data Deletion
Your use of our Apps is also governed by our Privacy Policy, which describes how we collect, use, store, and protect your information. By using our Apps, you consent to the data practices described in the Privacy Policy.
Our Apps are designed with a local-first architecture. Your User Data remains on your Device and is not transmitted to, collected by, or stored on our servers unless you explicitly consent otherwise or unless specifically described in our Privacy Policy (such as anonymous crash reports).
6.1 Data Deletion
Because our Apps store data locally on your Device, you maintain direct control over your data at all times. You may delete your data by:
- Using the in-app data management or deletion features, where available;
- Clearing the App's data through your Device's system settings (Settings > Apps > [App Name] > Clear Data);
- Uninstalling the App from your Device, which removes all locally stored data.
If you believe any of your data has been transmitted to us and wish to request its deletion, please contact us at support@floatingpointapps.com. We will process verifiable deletion requests within forty-five (45) days, consistent with applicable law.
6.2 Data Retention
We do not retain User Data on our servers. Any anonymous crash report data or analytics data collected with your consent is retained only for as long as reasonably necessary to fulfill the purposes for which it was collected (typically no longer than twenty-four (24) months), after which it is permanently deleted or de-identified.
7. Third-Party Services & Client Apps
7.1 Third-Party Services & Links
Our Apps and Site may contain links to, or integrations with, Third-Party Services that are not owned or controlled by Floating Point Applications. We have no control over, and assume no responsibility for, the content, privacy policies, terms of service, practices, or availability of any Third-Party Services.
Your interaction with any Third-Party Service is governed solely by that third party's terms and policies. We strongly encourage you to review the terms and privacy policies of any Third-Party Service before engaging with it. Floating Point Applications shall not be liable for any damages or losses arising from your use of or reliance on any Third-Party Service.
7.2 Client Applications and Portfolio Display
Floating Point Applications may display, link to, or showcase applications developed for third-party clients ("Client Apps") on the Site for portfolio or demonstration purposes. Floating Point Applications does not own, operate, or maintain these Client Apps after delivery to the client. Your use of any Client App is governed solely by the terms of service and privacy policy provided by that respective third-party client. We expressly disclaim all liability, warranties, and obligations arising from your use of, or interaction with, any Client App.
7.3 Third-Party Software Development Services
Floating Point Applications may, from time to time, develop, design, build, publish, or license software applications, tools, or digital products for third-party clients, businesses, organizations, or individuals ("Development Services"). You acknowledge and agree that:
- Development Services are governed exclusively by separate written agreements (such as a Software Development Agreement, Master Service Agreement, Statement of Work, or similar contract) between Floating Point Applications and the respective client. These Terms of Service do not apply to, govern, or create any rights or obligations with respect to Development Services or any software produced thereunder;
- Floating Point Applications makes no representations or warranties under these Terms regarding the functionality, quality, security, fitness for a particular purpose, or legal compliance of any software developed for a third-party client;
- All intellectual property rights, ownership, licensing, maintenance obligations, and post-delivery responsibilities for software produced through Development Services are determined solely by the applicable client agreement and not by these Terms;
- Floating Point Applications, its founder (Andrew David Alberico), and its contractors, developers, and agents shall not be liable under these Terms for any claims, damages, losses, or liabilities arising from or relating to any software developed for, delivered to, or operated by a third-party client, including but not limited to: defects, errors, data breaches, security vulnerabilities, downtime, user complaints, regulatory non-compliance, or any harm caused to end users of such third-party software;
- If you are an end user of software that was developed by Floating Point Applications for a third-party client, your legal relationship is with that third-party client, not with Floating Point Applications. Any claims, disputes, or requests for support must be directed to the third-party client who owns and operates the software.
Nothing in these Terms shall be construed to limit, expand, or modify the terms of any separate agreement between Floating Point Applications and a third-party client for Development Services.
8. App Store Terms
If you downloaded our Apps through the Google Play Store, Apple App Store, or any other third-party distribution platform (each, an "App Store"), you acknowledge and agree that:
- These Terms are between you and Floating Point Applications only, and not with the App Store provider;
- The App Store provider has no obligation to provide maintenance or support services for the Apps;
- In the event of any failure of the Apps to conform to any applicable warranty, you may notify the App Store provider and, to the maximum extent permitted by applicable law, the App Store provider shall have no other warranty obligation with respect to the Apps;
- The App Store provider is not responsible for addressing any claims relating to the Apps, including product liability, legal compliance, or intellectual property infringement claims;
- The App Store provider and its subsidiaries are third-party beneficiaries of these Terms, and the App Store provider has the right to enforce these Terms against you as a third-party beneficiary.
9. Updates & Modifications
We may release updates to the Apps from time to time, which may include bug fixes, security patches, new features, or changes to existing functionality. While we strive to maintain backward compatibility, certain updates may alter or remove features. Some updates may be applied automatically depending on your Device settings.
We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will: (a) update the "Effective Date" at the top of this page; and (b) make commercially reasonable efforts to notify you of the changes (such as through an in-app notification or update to our Site). Your continued use of the Apps or Site after the updated Terms are posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Apps.
10. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLOATING POINT APPLICATIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
- ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE;
- ANY WARRANTIES THAT THE APPS WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
- ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE APPS;
- ANY WARRANTIES REGARDING THE ABSENCE OF AI HALLUCINATIONS, BIASED OUTCOMES, UNINTENDED AI BEHAVIORS, OR THE SUITABILITY OF AI-GENERATED OUTPUTS FOR ANY PARTICULAR PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS THAT CANNOT BE WAIVED BY THIS AGREEMENT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLOATING POINT APPLICATIONS, ITS FOUNDER (ANDREW DAVID ALBERICO), OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, DEVELOPERS, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- LOSS OF DATA, REVENUE, PROFITS, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
- PERSONAL INJURY OR PROPERTY DAMAGE RELATING TO YOUR USE OF THE APPS;
- DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- DAMAGES ARISING FROM ANY INTERRUPTION OR CESSATION OF THE APPS;
ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APPS OR SITE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APPS EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU HAVE ACTUALLY PAID TO FLOATING POINT APPLICATIONS FOR THE SPECIFIC APP GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIFTY UNITED STATES DOLLARS ($50.00 USD).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
12. Indemnification
You agree to indemnify, defend, and hold harmless Floating Point Applications and its founder (Andrew David Alberico), officers, directors, employees, contractors, developers, agents, affiliates, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees and litigation costs) arising out of or relating to: (a) your use or misuse of the Apps or Site; (b) your violation of these Terms; (c) your violation of any applicable law, regulation, or ordinance; (d) your violation of any rights of a third party; or (e) any User Data you enter into the Apps.
We reserve the right, at our sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate fully with us in asserting any available defenses.
13. Copyright & DMCA Compliance
Floating Point Applications respects the intellectual property rights of others and expects our users to do the same. If you believe that any Content available through our Apps or Site infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing, with sufficient detail to allow us to locate the material;
- Your contact information, including name, address, telephone number, and email address;
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information provided in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
DMCA notices should be sent to: support@floatingpointapps.com
14. Governing Law
These Terms, and any disputes arising out of or relating to these Terms or your use of the Apps and Site, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without giving effect to any choice-of-law or conflict-of-law rules or provisions that would cause the application of the laws of any other jurisdiction.
15. Dispute Resolution & Arbitration
15.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you and Floating Point Applications agree to first attempt to resolve any dispute, claim, or controversy informally. You must send a written notice describing the dispute and your proposed resolution to support@floatingpointapps.com. Both parties agree to negotiate in good faith for a period of at least sixty (60) days from the date of the notice before initiating arbitration proceedings.
15.2 Binding Arbitration
If we are unable to resolve a dispute through informal negotiation within the sixty (60) day period, you and Floating Point Applications agree that any dispute, claim, or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Section.
The arbitration shall be conducted by a single arbitrator in the Commonwealth of Pennsylvania. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator shall apply Pennsylvania law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.
15.3 Waiver of Jury Trial
15.4 Class Action Waiver
YOU AND FLOATING POINT APPLICATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration section shall be null and void, and the dispute shall proceed in court.
15.5 Exceptions to Arbitration
Notwithstanding the foregoing, either party may: (a) bring an individual action in small claims court for disputes within the court's jurisdictional limits; or (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
15.6 Arbitration Fees
If you initiate arbitration, your arbitration fees will be governed by the AAA's Consumer Arbitration Rules. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees shall be governed by the AAA Rules. In such case, you agree to reimburse Floating Point Applications for all fees previously paid on your behalf.
16. Termination
We reserve the right to suspend or terminate your access to the Apps at any time, with or without cause and with or without prior notice, at our sole discretion. Without limiting the foregoing, we may terminate or suspend your access if we reasonably believe: (a) you have violated these Terms; (b) you have engaged in conduct that could create legal liability for us; or (c) continued provision of the Apps to you is no longer commercially viable.
You may terminate your use of the Apps at any time by uninstalling them from your Device. Upon any termination:
- Your license to use the Apps shall immediately and automatically cease;
- You must cease all use of the Apps;
- Any locally stored User Data will remain on your Device until you delete it or uninstall the App.
The following sections shall survive any termination or expiration of these Terms: Sections 1 (Definitions), 4.4 (AI Disclaimers), 5 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (DMCA), 14 (Governing Law), 15 (Dispute Resolution), and 17 through 21.
17. Privacy Law Compliance
We are committed to complying with applicable data protection and privacy laws. To the extent that any of the following laws apply to our data practices:
- California Consumer Privacy Act (CCPA/CPRA): California residents may have additional rights regarding their personal information, including the right to know, the right to delete, and the right to opt out of the sale or sharing of personal information. Because our Apps use a local-first architecture and we do not sell or share personal information, these rights are largely exercised through your direct control over your Device. For more information, please see our Privacy Policy.
- General Data Protection Regulation (GDPR): If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland, you may have additional rights under the GDPR, including the right to access, rectification, erasure, data portability, and the right to object to or restrict processing. Contact us at support@floatingpointapps.com to exercise these rights.
- Children's Online Privacy Protection Act (COPPA): We do not knowingly collect personal information from children under 13. See Section 2 (Eligibility) for details.
18. Force Majeure
Floating Point Applications shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labor disputes, government actions or orders, power failures, internet or telecommunications failures, cyberattacks, or disruptions to third-party services upon which the Apps rely.
19. Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties. If such modification is not possible, the offending provision shall be severed, and the remaining Terms shall be enforced as written.
20. Waiver
The failure of Floating Point Applications to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Floating Point Applications. No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term.
21. Entire Agreement
These Terms, together with our Privacy Policy and any app-specific terms or supplemental agreements presented to you within the Apps, constitute the entire agreement between you and Floating Point Applications regarding your use of the Apps and Site. These Terms supersede all prior and contemporaneous agreements, understandings, representations, and warranties, both written and oral, regarding the subject matter herein.
22. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms, in whole or in part, without our prior written consent. Any attempted assignment in violation of this Section shall be null and void. Floating Point Applications may freely assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
23. Contact Us
If you have any questions, concerns, or complaints about these Terms of Service, please contact us at:
Floating Point Applications
Email: support@floatingpointapps.com
Website: floatingpointapps.com
310 E South St. York, Pennsylvania 17403
24. Glossary
The following glossary is provided for your convenience to help you understand the key terms used throughout this Agreement. This glossary is for reference only and does not override or modify the legal definitions provided in Section 1 or elsewhere in these Terms.
- AI Features — The artificial intelligence assistant built into certain Apps (currently Fold and Device Finder) that can respond to your questions, perform actions, and generate analyses. Powered by an on-device AI model that runs entirely on your phone.
- AI Hallucination — When the AI generates a response that sounds confident but is factually incorrect, fabricated, or nonsensical. This is a known limitation of all current AI technology.
- App Store — The digital marketplace where you download our Apps, such as Google Play Store or Apple App Store.
- Arbitration — A method of resolving legal disputes outside of court, where a neutral third party (the arbitrator) makes a binding decision instead of a judge or jury.
- BLE (Bluetooth Low Energy) — A wireless technology used by Device Finder to detect and communicate with nearby Bluetooth devices, such as trackers, headphones, and smartwatches.
- Binding — Legally enforceable. When something is "binding," it means both parties are legally required to follow it.
- Class Action Waiver — A clause where you agree to bring any legal claims against us individually, rather than joining a group lawsuit with other users.
- Client Apps — Software applications that Floating Point Applications built for a third-party client (another business or individual), which may be displayed on our website as portfolio examples.
- COPPA — The Children's Online Privacy Protection Act, a U.S. federal law that protects the privacy of children under 13 years old online.
- CCPA/CPRA — California Consumer Privacy Act / California Privacy Rights Act. California state laws that give residents rights over their personal data, such as the right to know what's collected and the right to delete it.
- Content — Everything you see in our Apps and on our website: text, images, icons, logos, software code, audio, video, and other materials.
- Derivative Work — A new work created by modifying, adapting, or building upon an existing copyrighted work. You are not allowed to create derivative works from our Apps.
- Development Services — The business of building, designing, or publishing software applications for third-party clients. These engagements are governed by separate contracts, not these Terms.
- Device — Your smartphone, tablet, or other electronic device on which you install and use our Apps.
- DMCA — The Digital Millennium Copyright Act, a U.S. law that provides a process for copyright owners to report and request the removal of infringing content.
- Force Majeure — Unforeseeable events beyond our control (such as natural disasters, pandemics, or cyberattacks) that may prevent us from fulfilling our obligations.
- GDPR — The General Data Protection Regulation, a European Union law that governs how personal data of EU residents is collected, stored, and processed.
- Indemnify / Indemnification — Your agreement to cover our legal costs and damages if your misuse of our Apps or violation of these Terms leads to a legal claim against us.
- Intellectual Property (IP) — Legal rights that protect creations of the mind, including patents, copyrights, trademarks, and trade secrets. Our Apps, logos, and designs are our intellectual property.
- Jailbreaking (AI) — Attempting to bypass or manipulate an AI system's built-in safety features, content filters, or operational rules to make it produce restricted or harmful outputs.
- Limitation of Liability — A clause that caps or restricts the types and amounts of damag