Terms of Service - Punchline Foundry Apps

                Important: By downloading, installing, or using any Fouled Anchor Safety LLC comedy applications (including but not limited to Jokesmith™ and related entertainment applications), you agree to be bound by these Terms of Service. If you do not agree to these Terms, do not use our applications.
            

1. Acceptance of Terms

These applications are operated by Fouled Anchor Safety LLC, a veteran-owned business creating tools for comedians and performers.

2. Description of Services

Fouled Anchor Safety LLC provides mobile applications designed for stand-up comedians, performers, and comedy enthusiasts. Our applications include:

Jokesmith™: Performance analytics, joke tracking, audience response measurement, and comedy writing tools
Additional comedy applications as may be offered from time to time

These applications provide entertainment, creative tools, performance tracking, and analytics to assist comedians in developing and refining their craft.

3. Entertainment Use

3.1 For Entertainment Purposes

Our comedy applications are provided for entertainment, creative, and educational purposes only. They are designed to help comedians track performances, analyze material, and develop their craft.

3.2 No Professional Guarantees

While our applications provide analytics and feedback tools, we make no guarantees regarding:

Comedy success or career advancement
Audience reception or response
Booking opportunities or professional outcomes
Accuracy of laugh detection or audience analysis algorithms

3.3 Creative Responsibility

You are solely responsible for the content you create, perform, and track using our applications. We do not endorse, control, or assume responsibility for your creative material.

4. Audio Recording and Analysis

4.1 Recording Features

Our applications may include features to record audio of your performances for personal analysis. You are solely responsible for:

Obtaining all necessary permissions and consents to record performances
Complying with venue policies regarding recording
Ensuring compliance with applicable recording and wiretapping laws
Respecting the intellectual property rights of other performers

4.2 Venue Rules

Important: Many comedy clubs and venues prohibit recording. You must comply with all venue policies. We are not responsible if you violate venue rules or policies.

4.3 Privacy and Consent

Recording people without their knowledge or consent may be illegal in your jurisdiction. You are responsible for understanding and complying with all applicable laws regarding audio recording.

4.4 Laugh Detection Technology

Our laugh detection algorithms use machine learning to identify audience responses in audio recordings. This technology is:

Experimental and may be inaccurate
Affected by environmental noise, recording quality, and other factors
Not a definitive measure of comedy success
Provided for entertainment and analytical purposes only

5. Content and Intellectual Property

5.1 Your Content

                Your Jokes Are Yours: You retain all rights to the jokes, material, and creative content you create and track using our applications. By using our applications, you grant us a limited license to process your content solely to provide our services (e.g., analyzing audio, generating reports).
            

5.2 Storage and Privacy

Local storage: Your jokes and recordings are primarily stored locally on your device
Cloud features: If you use optional cloud features, content may be stored on our secure servers
No sharing: We will not share, publish, or distribute your creative material without your explicit consent
Backup responsibility: You are responsible for backing up your content. We are not liable for data loss.

5.3 Respect for Others' Material

You agree not to use our applications to:

Track or store jokes or material you did not create or have permission to use
Infringe on the intellectual property rights of other comedians or creators
Plagiarize or steal material from others

5.4 Our Content

All features, functionality, software, analytics algorithms, and designs in our applications are owned by Fouled Anchor Safety LLC and protected by intellectual property laws.

6. Subscription and Payments

6.1 Subscription Plans

Our applications may be offered through subscription plans with monthly or annual billing. Pricing and features are subject to change with notice to subscribers.

6.2 Veteran Discounts

                Supporting Those Who Served: Active duty military, veterans, and retired service members are eligible for discounted subscription rates. Verification may be required. Misrepresentation of veteran status to obtain discounts may result in immediate termination of service.
            

6.3 Billing

Subscriptions are billed through the Apple App Store. All billing inquiries should be directed to Apple. We do not have access to your payment information.

6.4 Cancellation

You may cancel your subscription at any time through your Apple App Store account settings. Cancellation will take effect at the end of the current billing period. No refunds are provided for partial subscription periods.

6.5 Free Trial

Free trial periods, if offered, are available to new subscribers only. You may be charged when the trial period ends unless you cancel before that time.

7. User Responsibilities

7.1 Account Security

You are responsible for maintaining the security of your account and device. Do not share your account credentials.

7.2 Legal Compliance

You are responsible for complying with all applicable laws, including:

Recording and wiretapping laws
Privacy laws
Intellectual property laws
Venue rules and policies
Public performance regulations

7.3 Prohibited Uses

You may not:

Use the applications for any illegal purpose
Attempt to reverse engineer, decompile, or extract source code
Remove or modify any copyright, trademark, or proprietary notices
Use the applications in a manner that could damage, disable, or impair our services
Share, resell, or redistribute access to the applications
Upload illegal, offensive, or harmful content to any cloud features
Harass, stalk, or violate the rights of others
Use the applications to record others without proper consent

7.4 Content Standards

If you use cloud features or sharing capabilities, you agree not to upload or share content that:

Is illegal, threatening, abusive, harassing, defamatory, or invasive of privacy
Contains hate speech or discriminatory content beyond the bounds of comedic performance
Exploits or harms minors
Violates intellectual property rights
Contains malware, viruses, or harmful code

8. Offensive Content Warning

8.1 Comedy Contains Offensive Material

                Content Advisory: Comedy often involves controversial, offensive, edgy, and provocative material. Our applications are designed for comedians who may work with adult themes, controversial social commentary, dark humor, taboo subjects, and material that may offend some audiences.
            

8.2 User Discretion

Users should exercise discretion when using our applications around others who may be offended by comedy material.

8.3 No Endorsement

We do not endorse any particular comedic style, viewpoint, or material tracked using our applications. Users are responsible for their own creative choices.

9. Analytics and Performance Tracking

9.1 Estimates Only

Performance analytics, laugh detection, timing analysis, and other metrics provided by our applications are estimates only and should not be considered definitive measures of comedy quality or success.

9.2 Many Factors Affect Comedy

Comedy success depends on countless factors including:

Audience composition and mood
Venue atmosphere and environment
Timing and delivery
Cultural context
Personal taste and preferences
Factors beyond measurement or prediction

9.3 No Guarantees

Our analytics tools are designed to provide insights and help you improve, but they cannot guarantee success or predict audience response.

10. Disclaimer of Warranties

The applications are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that:

The applications will be error-free, uninterrupted, or secure
Laugh detection or analytics will be accurate or reliable
Use of our tools will improve your comedy or career
Your data will not be lost or corrupted
Defects will be corrected

Use of the applications is at your sole risk.

11. Limitation of Liability

To the maximum extent permitted by law, Fouled Anchor Safety LLC, its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, creative material, or other intangible losses, resulting from:

Your use or inability to use the applications
Loss or corruption of creative material, recordings, or data
Any unauthorized access to or use of our servers and/or any personal information stored therein
Any interruption or cessation of transmission to or from the applications
Any bugs, viruses, or the like that may be transmitted through the applications
Inaccurate analytics, laugh detection, or performance metrics
Any legal issues arising from your recording or use of material

In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount you paid to us in the twelve (12) months prior to the claim, or one hundred dollars ($100), whichever is greater.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fouled Anchor Safety LLC, its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

Your use or misuse of the applications
Your creative content and performances
Your recording of performances or others without proper consent
Your violation of these Terms
Your violation of any rights of another party (including intellectual property rights)
Your violation of any applicable laws or regulations
Any claims related to material you created, performed, or tracked using our applications

13. Third-Party Services

13.1 Venue Integration

Our applications may integrate with or reference third-party services, venues, or platforms. We are not responsible for these third-party services and do not endorse them.

13.2 No Affiliation

We are not affiliated with any comedy clubs, venues, booking agencies, or other industry entities unless explicitly stated.

14. Data Privacy

14.1 Privacy Policy

Please review our Privacy Policy for detailed information about data collection and use.

14.2 Minimal Data Collection

We collect minimal data necessary to provide our services and analytics features.

14.3 Recording Privacy

Audio recordings you create remain on your device unless you explicitly use cloud storage features. We do not access or listen to your recordings.

14.4 Analytics

We may collect anonymous usage analytics to improve our applications. This data is not personally identifiable.

15. Changes to Applications

We reserve the right to:

Modify, suspend, or discontinue any aspect of the applications at any time
Update features, functionality, or content without notice
Change subscription pricing with reasonable notice to existing subscribers
Improve or modify laugh detection algorithms and analytics

16. Changes to Terms

We may update these Terms from time to time. We will notify users of material changes through the application or via email. Continued use of the applications after changes become effective constitutes acceptance of the revised Terms.

17. Termination

17.1 By You

You may terminate your use of the applications at any time by uninstalling them and canceling any active subscriptions.

17.2 By Us

We may terminate or suspend your access immediately, without prior notice, for any breach of these Terms, including:

Uploading illegal or harmful content
Violating intellectual property rights
Using the applications for illegal purposes
Abusing our services or other users

17.3 Effect of Termination

Important: Download and backup your content before termination, as we are not responsible for data loss. Upon termination, your right to use the applications ceases immediately. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

18. Copyright Infringement

18.1 DMCA Compliance

We respect intellectual property rights. If you believe material in our applications infringes your copyright, please contact us with:

Your contact information
Description of the copyrighted work
Description of the infringing material and its location
Statement of good faith belief that use is not authorized
Statement that information is accurate and that you are authorized to act
Your signature

18.2 Repeat Infringers

We may terminate accounts of repeat copyright infringers.

19. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New York.

20. Dispute Resolution

20.1 Informal Resolution

Before filing a claim, you agree to contact us at support@fouledanchorsafety.com to attempt to resolve the dispute informally.

20.2 Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court. Arbitration shall be conducted in New York or remotely.

20.3 Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive the right to participate in any class action or class-wide arbitration.

21. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

22. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fouled Anchor Safety LLC regarding the applications and supersede all prior agreements and understandings.

23. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

24. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

25. Contact Information

For questions about these Terms, please contact:

Fouled Anchor Safety LLC
Email: support@fouledanchorsafety.com
Website: www.fouledanchorsafety.com/comedy

26. Acknowledgment

                By using our applications, you acknowledge that:
                You have read and understood these Terms
You are responsible for complying with all recording and privacy laws
You will respect the intellectual property rights of others
Analytics and laugh detection are estimates only and may be inaccurate
You accept all risks associated with using these applications for your comedy career
Comedy is subjective and our tools do not guarantee success

            

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