Terms of Use

1. The Service

• What My Hitlist is. My Hitlist lets users snap/record/upload photos and videos, create product listings, share listings peer‑to‑peer (including via an iMessage extension), and manage off‑platform offers for those listings. Listings may also be viewable on the web; making or managing offers requires the app.

• What My Hitlist is not. My Hitlist is not a marketplace and does not process payments, escrow funds, arrange shipping, verify buyer/seller identities, or mediate disputes. We have zero involvement in any user transactions, which occur entirely off‑platform between users at their own risk.

• Platform scope. The app is currently available for iOS. Web surfaces are primarily read‑only and may deep link to the app.

• Beta/experimental features. Certain features (including the iMessage extension and any Live Activities/Offers) may be labeled beta/experimental, may be incomplete, and may change or be discontinued at any time without notice.

• Changes to the Service. We may add, remove, or modify features, plan names, limits, or functionality at any time, temporarily or permanently, without notice. Where required by law, we will provide appropriate notice.

2. Eligibility & Accounts

• Minimum age. You must be 13 or older to use the Service, or the minimum age of digital consent in your jurisdiction if higher. The Service is not directed to children under 13, and we do not knowingly allow such use. If we learn of use in violation of this paragraph, we may terminate the account.

• Consumer use. Accounts are for consumer use. Business or institutional use requires our prior written permission.

• Sign-in. Supported authentication may include Sign in with Apple and/or phone number verification. We may add or remove sign‑in options.

• Usernames and profiles. We may auto‑generate usernames at account creation; you may change them. You are responsible for information you add to your profile (e.g., display name, photo, contact details, location, payment handles) and for keeping it accurate and lawful.

• Your responsibilities. You are responsible for your account, your security (e.g., device lock/PIN), and all activity under your account.

3. Plans, Subscriptions, and Billing

• In-App Purchase. Paid features are offered via Apple In‑App Purchase (IAP). Plans may include examples such as Free, Plus, or Pro. Plan names, features, limits, prices, and availability may change at any time and may vary by region or platform.

• Auto-renewal. Paid subscriptions (if offered) auto‑renew until canceled.You can manage or cancel in your Apple account settings. Refunds and cancellations are governed by Apple Media Services terms. We do not provide prorated refunds.

• Price changes. We may change prices at renewal. Apple may provide notice per its policies; continued subscription after the effective date constitutes consent to the new price.

• Future payment methods. We may add additional purchase methods (e.g., web) in the future; those purchases will be subject to the then‑current terms presented at checkout.

• Taxes. Taxes may be collected by Apple or by us/our processors, as applicable.

4. Listings, Offers, and Off‑Platform Transactions

• No involvement. We do not take part in transactions between users. We do not handle payment, shipping, returns, refunds, chargebacks, or taxes; we do not guarantee item quality, legality, authenticity, or delivery.

• Payment handles. Users may include external payment identifiers (e.g., a Venmo username). Sharing and using such information is at your own risk. Use caution, meet safely, and comply with all laws.

• No endorsement or verification. We do not endorse or verify users or listings and are not responsible for users’ actions, communications, or content.

5. Prohibited Items and Conduct

You may not use the Service to create, post, or share any listing or content that involves or promotes:

• illegal drugs or paraphernalia; weapons, ammunition, explosives; stolen goods; counterfeit or IP‑infringing items; recalled or unsafe products; human parts or remains; live animals; securities or other regulated financial instruments; malware, exploits, or hacking tools; hazardous materials; regulated medical devices or prescription drugs; doxxing; terrorist or extremist content; or anything illegal where you or the recipient are located.

• sexual content that is illegal, involves minors (real or simulated), sexualizes minors, or is otherwise exploitative; prostitution or escorting; non‑consensual intimate imagery; or pornographic/explicit sexual content. Limited, non‑sexual nudity (e.g., artistic or educational) may be removed at our discretion.

• harassment, threats, hate speech, or incitement of violence; invasion of privacy; or violations of others’ rights.

• attempts to circumvent security, scrape, or misuse the Service, including spam or fraud.

We may remove content or suspend/terminate accounts for violations at our discretion.

6. Your Content and License to Us

• Your rights. You retain ownership of content you submit (e.g., photos, videos, text, profile data), subject to the rights you grant below.

• License. You grant us a non‑exclusive, worldwide, transferable, sublicensable (to our service providers), royalty‑free licenseto host, store, reproduce, process, adapt, publish, display, perform, transmit, and distribute your content as needed to operate, improve, and promote the Service (including previews on the web), and to comply with legal obligations. You can delete your content by removing it from the Service; residual copies may persist for a limited time in backups.

• Representations. You represent and warrant that you have all rights to submit your content; that it is lawful, accurate, and does not infringe or violate any third‑party rights or these Terms.

• Feedback. If you provide suggestions or feedback, you grant us a perpetual, irrevocable, royalty‑free right to use them without restriction or obligation to you.

7. Moderation, Reporting, and Enforcement

• Reporting. You can report content in‑app (from listing options) or via support@mainand38th.com. We may request additional information.

• Our discretion. We may remove or restrict content, suspend or terminate accounts, and take other actions we deem appropriate to protect users, enforce these Terms, comply with law, or manage risk.

• Repeat infringers. In accordance with applicable law (including the DMCA), we may terminate accounts of repeat infringers.

8. Intellectual Property; DMCA

• Our IP. The Service, including software, trademarks, logos, and content provided by us, is owned by us or our licensors and protected by law. Except as expressly permitted, you may not copy, modify, distribute, sell, or lease any part of the Service.

• DMCA Policy. We respond to notices of alleged copyright infringement under the U.S. Digital Millennium Copyright Act (17 U.S.C. §512). If you believe content infringes your copyright, send a notice including all elements of §512(c)(3) to our designated agent:

DMCA Agent: Main and 38th LLC - ATTN: DMCA Agent

Address: 1136 W 6th St, #73, Los Angeles, CA 90017, USA

Email: support@mainand38th.com

• Counter-notice. If your content was removed in error, you may submit a counter‑notification as provided by §512(g). We may restore content per the statute.

9. Third Party Services & Links

The Service may rely on or link to third‑party services (e.g., hosting, databases, storage, short‑links, OTP/telephony, analytics). Examples include Supabase (including AWS regions such as us‑east‑2), Vercel, Dub, and Twilio. We are not responsible for third‑party services; their own terms and privacy policies apply. Examples are non‑exhaustive and may change.

10. Disclaimers

• As-is / as-available. The Service is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, quiet enjoyment, or non‑infringement. We do not warrant uninterrupted or error‑free operation or that content will be preserved or stored.

• High-risk use. The Service is not designed for use in hazardous environments requiring fail‑safe performance (e.g., medical, aviation, nuclear, life‑support). Do not use the Service where failure could lead to death, personal injury, or severe environmental or property damage.

11. Limitation of Liability

To the maximum extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, revenues, goodwill, data, or business interruption), even if advised of the possibility. Our total liability for any claim arising out of or relating to the Service or these Terms will not exceed the amount you paid to us for the Service in the 12 months before the claim. Some jurisdictions do not allow certain limitations; some rights may not be waived.

12. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates (including Housecat and Love Housecat), officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your content; (b) your use or misuse of the Service; (c) your transactions with other users; (d) your violation of these Terms or applicable law; or (e) your infringement of any rights of another.

13. Termination

You may stop using the Service and/or delete your account at any time (in‑app or by contacting support@mainand38th.com). We may suspend or terminate your access immediately for any reason, including violations of these Terms, legal risk, or harm to others. Upon termination, the rights granted to you under these Terms end.

14. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date will change when we do. Material changes will be notified in‑app and/or by email where required by law. Your continued use of the Service after changes become effective constitutes acceptance.

15. Governing Law; Dispute Resolution

• Governing law. These Terms are governed by the laws of the State of California, without regard to conflicts of law rules.

• Binding arbitration (AAA). Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and, if applicable, the Mass Arbitration Supplementary Rules). The seat and venue will be Los Angeles County, California. Hearings may be remote by video unless the arbitrator requires otherwise. The arbitrator has exclusive authority to resolve all issues of arbitrability (including scope, enforceability, and formation) to the maximum extent permitted by law. Judgment on the award may be entered in any court with jurisdiction.

• Fees. AAA Consumer Rules will govern fees; where required, we will pay all filing, administration, and arbitrator fees above the consumer filing fee.

• Class/jury waiver. You and we waive any right to a jury trial or to participate in a class, consolidated, or representative action.

• Small claims and injunctive relief. Either party may bring an individual action in small‑claims court or seek injunctive relief in court for intellectual‑property or unauthorized‑use claims.

• Mass-filings coordination. If 25 or more similar arbitration demands are filed by or with the same counsel or coordinated entities, the AAA Mass Arbitration Supplementary Rules will apply. The parties will select and proceed with bellwether cases first; remaining cases are tolled and proceed in reasonable batches.

• Opt-out. You may opt out by emailinghello@mainand38th.com within 30 days of accepting these Terms with your name, the email/phone associated with your account, and a clear statement that you wish to opt out of arbitration.If you opt out, this Section 15 does not apply.

16. Export Controls and Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to U.S. embargoes or sanctions, and that you are not on any U.S. government list of prohibited or restricted parties. You will not use the Service in violation of U.S. export control or sanctions laws.

17. Communications and Notices

You consent to receive electronic communications from us (e.g., in‑app, push, email) related to your account and the Service. Legal notices may be sent to your account email or posted in‑app.

• Legal notices to us:

Address: 1136 W 6th St, #73, Los Angeles, CA 90017, USA

Email: support@mainand38th.com

18. Miscellaneous

• Entire agreement. These Terms are the entire agreement between you and us regarding the Service and supersede prior agreements on the subject.

• Assignment. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, sale, or other corporate reorganization.

• Severability. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect.

• No waiver. Failure to enforce a provision is not a waiver.

• Reservation of rights. All rights not expressly granted are reserved by us.

Contact

Company: Main and 38th LLC (including affiliates sometimes DBA Housecat and Love Housecat)

Address: 1136 W 6th St, #73, Los Angeles, CA 90017, USA

Legal Email: hello@mainand38th.com

Support Email: support@mainand38th.com