Terms of Use
PLEASE READ THESE TERMS CAREFULLY. SECTION 19 CONTAINS A BINDING INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED. YOU CAN OPT OUT OF ARBITRATION WITHIN 30 DAYS (SECTION 19.12). SECTION 7 IS AN ASSUMPTION OF RISK AND RELEASE THAT COVERS CLAIMS ARISING FROM OUR NEGLIGENCE. SECTIONS 8 AND 9 DISCLAIM WARRANTIES AND LIMIT OUR LIABILITY. IF YOU LIVE IN CANADA, SECTION 20 REPLACES SEVERAL OF THESE TERMS FOR YOU.
1. About these Terms
1.1 Who the agreement is with. These Terms of Use ("Terms") are a license agreement between you and Andrew Parrish, a sole proprietor based in Houston, Texas, who develops and publishes Mantle ("we", "us", "our"). They cover the Mantle app for iPhone and Apple Watch, including its widgets, watch complications and Live Activities ("Mantle" or "the app").
1.2 Accepting these Terms. You accept these Terms when you download, install, open or use Mantle, or when you buy anything in it. If you do not agree, do not use Mantle.
1.3 Not an agreement with Apple. You and we acknowledge that these Terms are concluded between you and us only, and not with Apple Inc. or its subsidiaries ("Apple"). We, not Apple, are solely responsible for Mantle and its content. Your use of the App Store and your Apple Account is governed by the Apple Media Services Terms and Conditions, which are between you and Apple. These Terms do not set usage rules for Mantle that conflict with the Apple Media Services Terms and Conditions. If any part of these Terms would conflict with those usage rules, Apple's usage rules control.
1.4 Privacy. Our Privacy Policy and our Consumer Health Data Privacy Policy explain how information is handled. Accepting these Terms is not consent to any use of your health data. Mantle asks for access to Apple Health through Apple's own permission screens, and you can refuse or change that access at any time.
2. Who can use Mantle
2.1 Age. You must be at least 13 years old to use Mantle. Mantle is not directed to children under 13.
2.2 Minors. If you are under the age of majority where you live, you may use Mantle only with the permission of a parent or legal guardian, who should read these Terms with you. To the extent the law allows, a parent or guardian who lets a minor use Mantle, or who approves a download or purchase for a minor, accepts these Terms on the minor's behalf and is responsible for the minor's use of Mantle.
2.3 Minors in Texas. Texas law requires app stores to verify users' ages and to obtain a parent's or guardian's consent for users under 18, and it restricts a developer from enforcing terms against a minor who agreed to them without that consent. Where that law applies, we will not enforce these Terms, or any part of them, against a minor who agreed to them without the parental consent the law requires. This Section 2.3 applies only while, and to the extent that, the law is in effect. Where the law requires something different from Section 2.2, the law controls.
2.4 Where Mantle is offered. We make Mantle available through the App Store in the United States and Canada only.
3. What Mantle is
3.1 The app. Mantle is a bodyweight training app. A baseline test you take sets your starting level. Mantle then gives you a six-week program of sessions (a "dig site") that ends in a Final Test. Mantle includes an Apple Watch app, reminders, widgets, and game elements such as relics and trophies.
3.2 Free and paid features. At the date of these Terms, the free features include three complete dig sites (Push Ups, Squats and Hollow Hold), the Apple Watch app, and up to six relics. A Pass (Section 5) unlocks the other dig sites, dig sites you build yourself ("Claims"), the Endless Dig, and the full relic and trophy catalogue. The app shows which features are free and which need a Pass.
3.3 Pace. On built-in dig sites, Mantle limits how many sessions can advance your program within a short period (at the date of these Terms, three sessions in five days) so that rest is part of the program.
3.4 No account, no third-party ads. Mantle does not require an account with us. Mantle contains no third-party advertising. It does show its own offers for the Pass. How Mantle stores information on your devices, in your iCloud account and in Apple Health is described in the Privacy Policy.
3.5 Updates. We may update Mantle from time to time, for example to fix problems, add or change features, or meet legal requirements. Some updates may change or remove features. Updates are delivered through the App Store, and your device settings control whether they install automatically.
4. Your license
4.1 License grant. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use Mantle on any Apple-branded products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that Mantle may be accessed and used by other accounts associated with you as the purchaser through Family Sharing, volume purchasing, or Legacy Contacts.
4.2 Restrictions. Except where the law allows it despite this restriction, you may not: (a) copy, modify, or create derivative works of Mantle; (b) decompile, reverse engineer, disassemble, or attempt to derive its source code; (c) rent, lease, lend, sell, redistribute, or sublicense Mantle; (d) remove or alter any proprietary notices in Mantle; or (e) bypass or interfere with Mantle's purchase or entitlement checks.
4.3 Licensed, not sold. Mantle is licensed to you, not sold. We reserve all rights not expressly granted in these Terms. These Terms apply to updates of Mantle unless an update comes with separate terms.
5. Purchases, subscriptions and the free trial
5.1 How purchases work. Paid features are sold only through Apple's In-App Purchase. Payment is charged to your Apple Account at confirmation of purchase. Apple processes the payment and handles any applicable taxes. We never receive your payment card details.
5.2 What you can buy. Each of the following unlocks the Pass features described in Section 3.2:
- Monthly Pass: an auto-renewable subscription with a term of one month, US$4.99 per month.
- Annual Pass: an auto-renewable subscription with a term of one year, US$19.99 per year. When offered, the Annual Pass starts with a 7-day free trial (Section 5.3).
- Lifetime Pass: a one-time purchase of US$39.99. It is not a subscription and does not renew.
The Monthly Pass and the Annual Pass are the two plans of the Subterranean Pass subscription. The prices above are United States App Store prices at the date of these Terms. In Canada, Apple charges the price it shows for the Canadian storefront. The price that applies to your purchase is the one shown on Mantle's purchase screen and on Apple's confirmation sheet when you buy.
5.3 Free trial on the Annual Pass. Apple decides whether your Apple Account is eligible for the free trial. Mantle's purchase screen offers "Start 7-Day Free Trial" only when you are eligible. You are not charged during the 7-day trial. UNLESS YOU CANCEL AT LEAST 24 HOURS BEFORE THE TRIAL ENDS, THE TRIAL CONVERTS AUTOMATICALLY TO A PAID ANNUAL PASS. YOUR APPLE ACCOUNT IS THEN CHARGED US$19.99 (OR THE CANADIAN PRICE SHOWN AT PURCHASE) FOR THE FIRST YEAR, AND THE SUBSCRIPTION RENEWS EVERY YEAR UNTIL YOU CANCEL. If you cancel during the trial, you are not charged. Any unused portion of a free trial period is forfeited when you purchase a subscription.
5.4 Automatic renewal. SUBSCRIPTIONS RENEW AUTOMATICALLY. YOUR MONTHLY OR ANNUAL PASS CONTINUES, AND RENEWS FOR THE SAME TERM AT THE THEN-CURRENT PRICE, UNTIL YOU CANCEL. A SUBSCRIPTION AUTOMATICALLY RENEWS UNLESS AUTO-RENEW IS TURNED OFF AT LEAST 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. YOUR APPLE ACCOUNT WILL BE CHARGED FOR RENEWAL WITHIN 24 HOURS BEFORE THE END OF THE CURRENT PERIOD. There is no minimum purchase obligation.
5.5 How to cancel. You can manage or cancel a subscription, and turn off auto-renew, at any time in your Apple Account subscription settings. On iPhone, open Settings, tap your name, then tap Subscriptions. You can also open the App Store, tap your profile picture, then tap Subscriptions. Cancelling is free and does not require contacting us. Cancellation stops future renewals. You keep Pass access until the end of the period you have already paid for. Apple manages subscriptions and we have no access to your Apple Account, so we cannot cancel a subscription for you.
5.6 Price changes. If the price of a subscription changes, Apple notifies subscribers under Apple's rules and, where Apple's rules require it, asks for your agreement before a higher price applies. You can cancel before any new price takes effect.
5.7 Refunds. Apple, not us, handles all refunds for purchases made through the App Store, under Apple's policies. You can ask Apple for a refund at reportaproblem.apple.com. We cannot issue refunds ourselves. This Section does not limit any right to a refund that applicable law gives you.
5.8 Nothing sold is taken back. We do not revoke a successful purchase. If Apple refunds, reverses or revokes a purchase (for example after a refund request or a Family Sharing change), the features that purchase unlocked stop being available. The Lifetime Pass is not a subscription and has no recurring fee. It stays active for as long as the purchase remains valid with Apple, subject to Section 17.4.
5.9 When a subscription ends. When a Monthly or Annual Pass ends (because you cancelled and the paid period ran out, because Apple could not collect a renewal payment, or because Apple refunded it), Pass features stop being available. Free features keep working. Your Claims, progress, logs, relics and trophies stay on your device. Pass-only dig sites and Claims are locked until you subscribe again, and you can still delete a locked Claim. A Lifetime Pass, and any single dig site bought before, stay unlocked.
5.10 Restoring purchases. If a device loses its Pass (for example after reinstalling Mantle or moving to a new iPhone), tap "Restore Previous Purchases" on Mantle's Pass screen. This restores purchases made with the same Apple Account.
5.11 Family Sharing. The Monthly and Annual Subterranean Pass subscriptions can be shared with the members of your Apple Family Sharing group. The Lifetime Pass cannot be shared. A family member keeps access to a shared subscription only while it is active and they remain in your family group, and while you keep sharing it; when that ends, the Pass features lock on their devices and their own training data stays where it is.
6. Health and safety
6.1 Not medical advice. Mantle gives general fitness training guidance. It does not provide medical advice, diagnosis or treatment, and it is not a medical device. Using Mantle does not create a doctor-patient or trainer-client relationship.
6.2 Consult a physician. Consult a physician before you start Mantle, start a new dig site, or move to a harder grade, and check with a doctor, in addition to using Mantle, before making any medical decision. This matters most if you have a heart, chest or joint condition or high blood pressure, are pregnant, are recovering from an injury or surgery, or are unsure for any other reason.
6.3 Strenuous efforts. The baseline test asks for one continuous maximum set. The Final Test is also a maximum effort. Holds such as planks, side planks and hollow holds are sustained efforts that raise blood pressure, especially if you hold your breath. Breathe steadily and keep good form.
6.4 Stop if you feel pain. Stop exercising immediately if you feel pain. Stop and seek medical help if you feel chest pain or pressure, dizziness, faintness, unusual shortness of breath, or an irregular heartbeat. Do not train through pain. Jokes and humorous lines in Mantle, including jokes about pain, are not advice.
6.5 Your confirmation. Before a baseline test, Mantle asks you to confirm "I have read this and I am fit to train." Confirm only if that is true. You are responsible for choosing exercises, ranges of motion and effort levels that suit you, and for training in a safe space.
6.6 Calorie and energy figures are estimates. On iPhone, the active energy Mantle saves to Apple Health is calculated by Mantle from a formula based on session time and repetitions. It is not measured. On Apple Watch, active energy comes from Apple Watch's own sensors and algorithms, and is also an estimate. Do not rely on these figures for medical or nutritional decisions.
6.7 Heart rate is informational. The heart rate Mantle shows on Apple Watch during a session is for information only. It is not a medical measurement, Mantle does not analyze it, and Mantle does not warn you about unusual readings.
6.8 No guaranteed results. Results vary from person to person. We do not promise any fitness, strength, health, weight or appearance result. Program targets, including the Final Test number, are calculated individually from your baseline and the grade you choose. They are goals, not promised outcomes. Program names such as "100 Push Ups" describe a program, not a result you will reach.
6.9 Safety notes and sources. Safety notes, form tips and research sources in Mantle are general information. They may not fit your situation and do not replace advice from a qualified professional who knows you.
7. Assumption of risk and release
QUÉBEC CONSUMERS: THIS SECTION 7 DOES NOT APPLY TO YOU. FOR OTHER CONSUMERS IN CANADA, IT APPLIES ONLY TO THE EXTENT THE LAW OF YOUR PROVINCE OR TERRITORY ALLOWS (SECTION 20.4).
7.1 ASSUMPTION OF RISK. EXERCISE, INCLUDING THE BASELINE TEST, TIMED HOLDS, MAXIMUM-EFFORT SETS AND THE FINAL TEST, CARRIES INHERENT RISKS OF INJURY, ILLNESS, DISABILITY AND, RARELY, DEATH. YOU CHOOSE TO USE MANTLE AND TO EXERCISE VOLUNTARILY, AND YOU ASSUME THOSE RISKS.
7.2 RELEASE, INCLUDING CLAIMS ARISING FROM OUR NEGLIGENCE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE, AND AGREE NOT TO SUE, ANDREW PARRISH AND ANYONE ACTING ON HIS BEHALF FOR ANY CLAIM FOR PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO EXERCISE YOU DO WHILE USING MANTLE OR BASED ON ITS CONTENT, INCLUDING CLAIMS ARISING FROM OUR OWN NEGLIGENCE, WHETHER OUR NEGLIGENCE IS THE SOLE CAUSE OR ONE OF SEVERAL CAUSES.
7.3 WHAT THIS RELEASE DOES NOT COVER. THIS RELEASE DOES NOT APPLY TO CLAIMS ARISING FROM OUR GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR INTENTIONAL MISCONDUCT, OR TO ANY CLAIM THAT THE LAW DOES NOT ALLOW TO BE RELEASED IN ADVANCE.
8. Disclaimer of warranties
QUÉBEC CONSUMERS: SECTIONS 8.1 AND 8.2 DO NOT APPLY TO YOU. OTHER CONSUMERS IN CANADA: SEE SECTION 20.5.
8.1 MANTLE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT AND NON-INFRINGEMENT.
8.2 WITHOUT LIMITING SECTION 8.1, WE DO NOT WARRANT THAT MANTLE WILL MEET YOUR NEEDS OR PRODUCE ANY RESULT, THAT IT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT YOUR DATA WILL SYNC OR BE PRESERVED, OR THAT ENERGY ESTIMATES, HEART RATE DISPLAYS OR OTHER FIGURES ARE ACCURATE. WE GIVE NO WRITTEN WARRANTY FOR MANTLE.
8.3 Apple and warranties. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of Mantle to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Mantle to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Mantle, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
8.4 Your legal rights. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Nothing in this Section limits any warranty or right that cannot be excluded or limited under applicable law.
9. Limitation of liability
QUÉBEC CONSUMERS: THIS SECTION 9 DOES NOT APPLY TO YOU. OTHER CONSUMERS IN CANADA: SEE SECTION 20.5.
9.1 EXCLUDED DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO MANTLE OR THESE TERMS, INCLUDING WHERE THE CLAIM ARISES FROM OUR NEGLIGENCE, EVEN IF WE WERE TOLD SUCH DAMAGES WERE POSSIBLE.
9.2 LIABILITY CAP. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO MANTLE OR THESE TERMS, INCLUDING CLAIMS ARISING FROM OUR NEGLIGENCE, IS LIMITED TO THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID FOR MANTLE PURCHASES IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, OR (B) US$50.
9.3 EXCEPTIONS. THIS SECTION 9 DOES NOT LIMIT OR EXCLUDE (A) LIABILITY FOR OUR GROSS NEGLIGENCE, RECKLESSNESS, FRAUD OR INTENTIONAL MISCONDUCT; (B) LIABILITY FOR DEATH OR PERSONAL INJURY, TO THE EXTENT THE LAW DOES NOT ALLOW THAT LIABILITY TO BE LIMITED OR EXCLUDED; OR (C) ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. THESE TERMS DO NOT LIMIT OUR LIABILITY TO YOU BEYOND WHAT APPLICABLE LAW PERMITS.
9.4 Your legal rights. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above may not apply to you.
10. Your content
10.1 What you own. Content you create in Mantle stays yours. That includes the names, movements, goals and safety notes of your Claims, the display name and companion name you choose, and your workout records.
10.2 The only license we need. Mantle stores and processes your content on your devices, and in your private iCloud database and Apple Health if you turn those on, only to run and sync the app for you. To the extent any permission from you is needed for that, you grant us a non-exclusive, royalty-free license to store, copy, process and display your content solely for that purpose. We do not receive your content through the app, and this license does not allow us to publish it, share it or use it for anything else. The license ends when you delete the content, except for copies that remain in backups or services you control.
10.3 Your responsibility. You are responsible for the content you enter. A safety note you write for a Claim is your own reminder. We do not review it or check it for accuracy, and it does not replace the guidance in Section 6. Names you enter may appear in notifications, on your Lock Screen, in widgets and watch complications, in Apple Health workout details, and in any text you choose to share.
10.4 Sharing. If you use Mantle's share button, you choose where the text goes. You are responsible for what you post, and the destination's own terms apply.
11. Our intellectual property
11.1 Brand. Mantle, the Mantle icon and logo, Magnus, Cinder, and the names and designs of Mantle's characters, dig sites, relics and trophies are brand identifiers used by Andrew Parrish. They are not registered trademarks. We claim whatever trademark and related rights the law gives us through their use. You may refer to Mantle accurately by name, but you may not use these identifiers in a way likely to cause confusion or to suggest that we endorse you or your product.
11.2 Content. Mantle's software, text, program design and other content are protected by copyright and other laws to the extent those laws apply. Some of Mantle's artwork was created with the help of AI tools. We claim rights in that artwork only to the extent the law recognizes them. We reserve all rights we have, and all rights not expressly granted in these Terms.
11.3 Feedback. If you send us ideas or suggestions, we may use them without obligation to you.
12. Links, research sources and third-party services
12.1 Links. Mantle contains links to third-party websites and services, including YouTube searches for exercise form videos and for relic topics, research articles on PubMed, PubMed Central and doi.org, and other websites cited as sources. Tapping a link opens it outside Mantle, in your browser or the relevant app.
12.2 We do not control them. We do not control, endorse or review third-party sites or their content. YouTube, not us, chooses which videos a search returns. Third parties' own terms and privacy policies apply when you use them. A YouTube form-video search includes the exercise name, which for a Claim is the movement name you typed.
12.3 Information only. Educational content and research sources in Mantle are provided for information only. A cited source supports a general point. It does not mean its authors endorse Mantle, and it does not mean you will get the same results.
12.4 Apple services. Mantle works with Apple services, including iCloud, Apple Health, Photos, notifications, Apple Watch and In-App Purchase. Apple provides those services under its own terms. If an Apple service is unavailable, the Mantle features that rely on it may not work.
13. Acceptable use and third-party terms
13.1 Rules. Use Mantle only for your personal, non-commercial use and in compliance with the law. Do not use Mantle to harass or harm anyone, to infringe anyone's rights, or to interfere with Mantle, Apple's systems or other people's devices.
13.2 Third-party terms. You must comply with applicable third-party terms of agreement when using Mantle, including the Apple Media Services Terms and Conditions and your wireless data service agreement.
13.3 Reviews. Nothing in these Terms restricts your right to publish an honest review of Mantle or to communicate with a government agency.
14. Maintenance and support
We, not Apple, are solely responsible for providing any maintenance and support services for Mantle, as described in these Terms and on our Support page, or as required under applicable law. You and we acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Mantle. Support is by email at mantleapp@icloud.com.
15. Product claims and intellectual property claims
15.1 Product claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims by you or any third party relating to Mantle or your possession and use of Mantle, including: (i) product liability claims; (ii) any claim that Mantle fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation, including in connection with Mantle's use of the HealthKit framework.
15.2 Intellectual property claims. You and we acknowledge that, in the event of any third-party claim that Mantle or your possession and use of Mantle infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of that claim.
16. Legal compliance, export and U.S. Government end users
16.1 Your representation. You represent and warrant that (i) you are not located in a country or region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country or region; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
16.2 Export. You may not use, export or re-export Mantle except as authorized by United States law and the laws of the place where you obtained it.
16.3 U.S. Government end users. Mantle and its documentation are "Commercial Items" as defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as those terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. They are licensed to U.S. Government end users only as Commercial Items and with only the rights granted to all other users under these Terms.
17. Ending these Terms
17.1 You can stop at any time. You can stop using Mantle at any time by deleting it from your devices. Deleting Mantle does not cancel a subscription. Cancel in your Apple Account settings (Section 5.5).
17.2 Breach. If you materially breach Section 4 or Section 13, your license to use Mantle ends. For Québec consumers, this applies only as Québec law permits.
17.3 No remote action. Mantle has no accounts and no Mantle server, so ending these Terms does not let us delete your data or reverse your purchases, and we will not try to.
17.4 If we stop offering Mantle. We may stop distributing Mantle. The copy on your device may keep working, but we cannot promise that it will keep working with future versions of iOS or watchOS.
17.5 Survival. Sections 5.7, 5.8, 6 through 12, 15, 16 and 19 through 23 survive the end of these Terms.
18. Changes to these Terms
QUÉBEC CONSUMERS: SECTION 18.1 DOES NOT APPLY TO YOU. SECTION 18.2 APPLIES INSTEAD.
18.1 How we change these Terms. We may change these Terms. Changes apply only from their effective date forward. They never apply to a dispute that arose before the change. Section 19.13 covers changes to the arbitration agreement. We will post the changed Terms on this page with a new "Last updated" date. For a material change, we will give you notice at least 30 days before it takes effect, through the app (for example, an in-app message or the release notes of an app update) and on this page, and by email if you have given us your email address. If you do not agree to a change, stop using Mantle and cancel any subscription before the change takes effect. If you keep using Mantle after the effective date, the changed Terms apply to you. Changes that only fix typos, clarify wording without changing meaning, or are required by law may take effect when posted.
18.2 Québec consumers. The only parts of these Terms that we may change without your agreement are: the license restrictions (Section 4.2), the description of links and third-party services (Section 12), the acceptable use rules (Section 13), how we provide support (Section 14), our contact details (Section 24), and the general terms (Section 23). We will not use this Section to change the nature of Mantle's paid features, their price, or the term of your subscription. At least 30 days before a change takes effect, we will send you a written notice, through the app and by email if you have given us your email address, drawn up clearly and legibly and setting out only the new clause, or the amended clause and the clause as it read before, the date the change takes effect, and your rights under this Section. If the change increases your obligations or reduces ours, you may refuse it and cancel this contract without cost, penalty or cancellation indemnity by sending us a notice at the email address in Section 24 no later than 30 days after the change takes effect.
19. Disputes, arbitration and class action waiver
QUÉBEC CONSUMERS: THIS SECTION 19 DOES NOT APPLY TO YOU. IT ALSO DOES NOT APPLY TO ANY OTHER CONSUMER WHO LIVES IN CANADA (SECTION 20).
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND US TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES CLASS ACTIONS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU CAN OPT OUT UNDER SECTION 19.12.
19.1 Informal resolution first. Before starting an arbitration or a court case, the party with a dispute must send the other a written Notice of Dispute. Send yours to mantleapp@icloud.com with the subject line "Notice of Dispute", or by mail to the postal address in Section 24. We will send ours to the email address you have used to contact us. A Notice of Dispute must include your name, how to contact you, a description of the dispute, and the relief you want. You and we will then try in good faith to resolve the dispute for 60 days after the Notice is received. Any statute of limitations and any filing deadline is paused during those 60 days. If the dispute is not resolved within 60 days, either party may start arbitration or, where Section 19.3 allows, a small claims case.
19.2 Agreement to arbitrate. "Dispute" means any dispute, claim or controversy between you and us arising out of or relating to Mantle, these Terms, your purchases, or our privacy practices, whether based on contract, tort (including negligence and personal injury), statute or any other legal theory, and whether it arose before or after you accepted these Terms. Except as Sections 19.3, 19.10 and 19.12 provide, you and we agree to resolve every Dispute by final and binding arbitration on an individual basis.
19.3 Small claims. Either you or we may instead bring an individual claim in small claims court, if the claim is within that court's jurisdiction and stays on an individual basis. The case may be brought in the county where you live or in Harris County, Texas.
19.4 Federal Arbitration Act. This Section 19 is governed by the Federal Arbitration Act (9 U.S.C. 1 and following) and federal arbitration law, and not by any state arbitration law. Mantle is sold in interstate commerce.
19.5 Rules and administrator. The American Arbitration Association ("AAA") will administer the arbitration under its Consumer Arbitration Rules in effect when the arbitration is filed (the "AAA Rules"), which are available at adr.org. When the AAA's Mass Arbitration Supplementary Rules apply under their own terms (for example, when 25 or more similar demands are filed against us or on behalf of the same parties), those Supplementary Rules also apply, as the AAA applies them. If the AAA cannot or will not administer the arbitration, you and we will agree on a substitute administrator, and if we cannot agree, a court will appoint an arbitrator under 9 U.S.C. 5.
19.6 Fees. Filing, administration and arbitrator fees are governed by the AAA Rules and the AAA's consumer fee schedules. Your share of those fees will not exceed the amount the AAA requires a consumer to pay, and we will pay the rest of the fees the AAA assigns to the business. Each party pays its own attorneys' fees and costs, unless the arbitrator awards fees or costs under applicable law or the AAA Rules.
19.7 Hearings. Hearings may be held by video or telephone, or decided on written submissions, as the AAA Rules allow. Any in-person hearing will be held in the county where you live, unless you and we agree otherwise.
19.8 The arbitrator's powers. One arbitrator will decide the Dispute. The arbitrator may award any individual relief that a court could award under applicable law, including damages, statutory remedies, attorneys' fees and costs where the law allows them, and declaratory or injunctive relief, but only in favor of the individual party seeking relief and only to the extent needed to provide relief warranted by that party's individual claim. The arbitrator will issue a written decision. Judgment on the award may be entered in any court with jurisdiction.
19.9 CLASS ACTION WAIVER. YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. UNLESS YOU AND WE BOTH AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS (OTHER THAN THE ADMINISTRATIVE COORDINATION THE AAA MASS ARBITRATION SUPPLEMENTARY RULES PROVIDE) AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
19.10 Public injunctive relief. Nothing in this Section 19 waives any right you have under applicable law, including California law, to seek public injunctive relief, meaning relief whose primary purpose is to stop unlawful acts that threaten future injury to the general public. A request for public injunctive relief may be brought in the courts described in Section 21. It will be paused until the arbitrator has decided your individual claims.
19.11 Who decides enforceability. Despite anything in the AAA Rules, a court, not an arbitrator, decides any dispute about whether this Section 19 exists, is valid or enforceable, or applies to a Dispute, including whether Sections 19.9 and 19.10 are enforceable. The arbitrator decides all other issues.
19.12 30-DAY RIGHT TO OPT OUT. YOU MAY OPT OUT OF THIS SECTION 19 BY EMAILING mantleapp@icloud.com OR WRITING TO THE POSTAL ADDRESS IN SECTION 24 WITHIN 30 DAYS AFTER THE LATER OF (A) THE DATE YOU FIRST ACCEPT THESE TERMS, OR (B) THE DATE THIS VERSION OF THESE TERMS FIRST APPLIES TO YOU. Include your name, the email address you want us to use, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms. If you opt out, Disputes will be resolved in the courts described in Section 21. If you opted out of an earlier version of this Section 19, your opt-out stays in effect.
19.13 Changes to this Section. A change to this Section 19 will not apply to any Dispute of which either party had notice before the change took effect. If we make a material change to this Section 19, you may reject it by emailing us within 30 days after it takes effect. If you do, the version of this Section 19 you last accepted continues to apply to you.
19.14 If part of this Section is unenforceable. If a court decides that Section 19.9 is unenforceable as to a claim or a request for relief, then that claim or request for relief, and only that claim or request, is severed and will proceed in the courts described in Section 21, not in class arbitration, after any individual claims in arbitration are decided. If a court decides any other part of this Section 19 is unenforceable, the rest of it remains in effect. In no case will a class arbitration be conducted.
19.15 Apple. This Section 19 does not affect Apple's rights as a third-party beneficiary under Section 22, or your right to ask Apple for a refund.
20. If you live in Canada
This Section applies if you are a consumer who lives in Canada. If it conflicts with any other part of these Terms, this Section controls.
20.1 No arbitration or class action waiver. Section 19 does not apply to you. You may bring any claim in the courts of your province or territory, including small claims court, and you may start or join a class action. After a dispute arises, you and we may agree to resolve it by arbitration or another method.
20.2 Governing law. These Terms are governed by the laws of the province or territory where you live and the federal laws of Canada that apply there. Section 21 does not apply to you.
20.3 Courts. You may bring a claim in the courts of the province or territory where you live.
20.4 Assumption of risk and release. Section 7 does not apply in Québec. Elsewhere in Canada, Section 7 applies only to the extent the law of your province or territory allows.
20.5 Warranties and liability. In Québec, Sections 8.1, 8.2 and 9 do not apply. Elsewhere in Canada, Sections 8 and 9 do not exclude or limit any warranty, condition, right or remedy that the consumer protection law of your province or territory gives you and does not allow a contract to exclude or limit, including any statutory warranty that services are of reasonably acceptable quality.
20.6 Changes. If you live in Québec, Section 18.2 governs changes to these Terms.
20.7 Your consumer rights. Nothing in these Terms limits the rights you have under the mandatory consumer protection laws of the province or territory where you live.
21. Governing law and courts
QUÉBEC CONSUMERS: THIS SECTION 21 DOES NOT APPLY TO YOU. IT ALSO DOES NOT APPLY TO ANY OTHER CONSUMER WHO LIVES IN CANADA (SECTION 20).
21.1 Governing law. These Terms and any Dispute are governed by the laws of the State of Texas and applicable United States federal law, without regard to conflict-of-laws rules, except that Section 19 is governed by the Federal Arbitration Act. This choice of law does not take away any protection that the law of the U.S. state where you live gives you and does not allow an agreement to waive. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
21.2 Courts. Any Dispute that is not arbitrated, including a Dispute after an opt-out under Section 19.12, a request under Section 19.10, or a claim severed under Section 19.14, will be resolved only in the state or federal courts located in Harris County, Texas, and you and we consent to the personal jurisdiction of those courts. This does not apply to small claims cases under Section 19.3, or where the law of the place you live gives you a right to sue there that cannot be waived.
22. Apple as third-party beneficiary
You and we acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, 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.
23. General terms
23.1 Entire agreement. These Terms, together with our Privacy Policy and our Consumer Health Data Privacy Policy, are the entire agreement between you and us about Mantle. They replace earlier versions of these Terms for events after this version applies to you. Your App Store purchases are also subject to the Apple Media Services Terms and Conditions, which are between you and Apple.
23.2 Severability. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. Section 19.14 governs Section 19.
23.3 No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
23.4 Assignment. You may not assign or transfer these Terms. We may assign these Terms to someone who acquires Mantle. If we do, we will say so on this page and in the app, and the assignment will not reduce your rights under these Terms.
23.5 Events beyond our control. We are not responsible for a delay or failure caused by events beyond our reasonable control, including outages of Apple services (such as the App Store, iCloud, Apple Health or Apple's notification service), internet failures, natural disasters, and acts of government. For Québec consumers, this applies only as Québec law permits.
23.6 Electronic communications and notices. You agree that we may communicate with you electronically, through the app, on this website, and by email if you have given us your email address. Electronic communications satisfy any legal requirement that a communication be in writing, to the extent the law allows. Send notices to us by email to mantleapp@icloud.com, or by mail to the postal address in Section 24.
23.7 Interpretation. Headings are for convenience only. "Including" means "including without limitation".
24. Contact
Direct any questions, complaints or claims about Mantle to:
Andrew Parrish (sole proprietor, developer of Mantle)
Postal address: 529 Barker Clodine Rd, Apt 15208, Houston, TX 77084
Telephone: +1 281-206-4074
Email: mantleapp@icloud.com
Support · Privacy Policy · Consumer Health Data Privacy Policy