Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your use of the Unspent iOS application and this website (together, the “Service”), provided by Cartava App LLC, a limited liability company organized in the State of Ohio, United States. By downloading, installing or using Unspent, you agree to these Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 13 years old, and old enough to form a binding contract where you live, to use Unspent. If you use Unspent on behalf of an organization, you represent that you are authorized to accept these Terms for it.

3. License

Subject to these Terms, Cartava App LLC grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use Unspent on Apple-branded devices you own or control, for your own personal, non-commercial use.

You may not, and may not permit anyone else to: copy, modify or create derivative works of the Service; reverse engineer, decompile or disassemble it except to the extent that restriction is prohibited by law; rent, lease, lend, sell, sublicense or redistribute it; remove any proprietary notices; or use it to build a competing product.

4. Your data stays on your device

Unspent has no backend. Your cards, balances, barcodes, notes and location remain on your device; Cartava App LLC does not receive, store or back up any of it. This is described in full in our Privacy Policy.

Because of this, you are solely responsible for the security of your device and for maintaining your own backups. If your device is lost, damaged, reset, or if you delete Unspent, your data is gone and Cartava App LLC cannot recover, restore or reissue it. We have no ability to access your account, because there is no account.

5. Accuracy of balances and alerts

Balances, expiry dates, store locations and nearby alerts are provided for your convenience only and depend on information you enter and on data sources that may be incomplete, delayed or inaccurate. Unspent does not verify card value with merchants or issuers.

Always confirm the value and validity of a gift card with the issuing merchant before relying on it. Cartava App LLC is not responsible for card value that expires, is depleted, is dishonored, or is otherwise lost.

6. Your responsibilities

You agree to use Unspent lawfully, and only with gift cards you are entitled to use. You may not use the Service to store or process stolen, fraudulent or unlawfully obtained card credentials, to infringe anyone’s rights, or to interfere with the operation or security of the Service.

7. Third-party brands and merchants

Merchant names, logos and trademarks displayed in Unspent belong to their respective owners and are used solely to help you identify your own cards. Unspent is not affiliated with, endorsed, sponsored or administered by any of those merchants, and Cartava App LLC is not a party to your relationship with them or to the terms of any gift card.

8. Price and availability

Unspent is currently offered free of charge. We may change, suspend, limit or discontinue any part of the Service, or introduce paid features, at any time. We will not remove access to data already stored on your device.

9. Intellectual property

The Service, including its software, design, text, graphics and the Unspent name and logo, is owned by Cartava App LLC and is protected by copyright, trademark and other laws. These Terms grant you a license to use the Service, not any ownership in it. All rights not expressly granted are reserved.

10. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CARTAVA APP LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT ANY BALANCE, ALERT OR NOTIFICATION WILL BE ACCURATE OR TIMELY. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

11. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CARTAVA APP LLC AND ITS MEMBERS, OFFICERS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, LOSS OF GIFT CARD VALUE, UNREDEEMED OR EXPIRED BALANCES, LOST PROFITS OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE CLAIM, OR (B) TWENTY-FIVE US DOLLARS ($25). Some jurisdictions do not allow certain limitations of liability, so parts of this section may not apply to you.

12. Indemnity

You agree to indemnify and hold harmless Cartava App LLC from any claims, damages, losses and reasonable legal fees arising out of your misuse of the Service or your violation of these Terms or of applicable law.

13. Termination

You may stop using Unspent at any time by deleting the app. We may suspend or terminate your license if you materially breach these Terms. Sections 4, 5, and 7 through 15 survive termination.

14. Apple

These Terms are between you and Cartava App LLC, not Apple. Apple has no obligation to furnish maintenance or support for Unspent and is not responsible for any claim relating to the app, including product liability, legal compliance or intellectual property claims. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. Your use of Unspent is also subject to the Apple Media Services Terms and Conditions, including the standard end user license agreement for licensed applications.

15. Governing law and disputes

These Terms are governed by the laws of the State of Ohio, United States, without regard to its conflict-of-laws rules. You and Cartava App LLC agree to the exclusive jurisdiction of the state and federal courts located in Franklin County, Ohio, except that either party may seek injunctive relief in any competent court. Nothing here removes any mandatory consumer protection right you have where you live.

16. Changes to these Terms

We may update these Terms from time to time. The revised version will be posted on this page with a new “last updated” date, and continued use of the Service after that date constitutes acceptance.

17. General

If any provision of these Terms is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between you and Cartava App LLC regarding the Service.

18. Contact

Questions about these Terms can be sent to support@cartava.app.

Cartava App LLC
Ohio, United States