Terms of Service

Effective Date: March 12, 2026

These Terms of Service ("Terms") govern your access to and use of SpookyDisplay (the "App" and "Service"), operated by Tier 4 Support Inc. ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By creating an account, downloading the App, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We may update these Terms at any time; your continued use after changes constitutes acceptance.

2. Eligibility

You must be at least 13 years of age to use the Service. If you are under 18, you must have permission from a parent or legal guardian. By using the Service, you represent and warrant that you meet these requirements.

3. Account Registration

• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate, current, and complete information during registration.
• You are responsible for all activity that occurs under your account.
• Notify us immediately at [email protected] if you suspect unauthorized access to your account.

4. Use License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal, non-commercial purposes. You may not:

• Copy, modify, distribute, or create derivative works based on the Service.
• Reverse engineer, decompile, or disassemble any portion of the App.
• Use the Service for any unlawful purpose or in violation of these Terms.
• Attempt to gain unauthorized access to any part of the Service or its systems.
• Use automated tools, bots, or scrapers to access the Service.
• Remove, alter, or obscure any proprietary notices in the Service.

5. User Content

You retain ownership of content you create within the Service (e.g., saved layouts, display configurations). By making content public or sharing it, you grant us a non-exclusive, royalty-free, worldwide license to display that content within the Service for the purpose of operating and promoting the platform. You may revoke this license by deleting your public content or making it private.

6. AR and Camera Usage

The Service uses your device's camera and AR capabilities to place virtual decorations in your environment. Camera data is processed on-device in real time and is not transmitted to our servers. You are responsible for your physical safety when using AR features. Do not use AR mode while driving, walking near traffic, or in any situation where distraction could cause harm.

7. Subscriptions and Payments

• Free accounts have limited functionality as described on our pricing page.
• Pro subscriptions are billed monthly through the App Store or our payment processor.
• You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.
• Refunds are handled according to the policies of the App Store or payment processor.
• We reserve the right to change pricing with 30 days' notice to existing subscribers.

8. Third-Party Links and Services

The Service may contain links to third-party websites, including Amazon product listings for purchasing decorations. We are not responsible for third-party content, products, services, or practices. Your purchases from third-party retailers are governed by their terms and policies.

9. Intellectual Property

The Service, including its design, features, code, graphics, logos, and content (excluding user content), is owned by Tier 4 Support Inc. and is protected by copyright, trademark, and other intellectual property laws. The SpookyDisplay name and logo are trademarks of Tier 4 Support Inc.

10. Termination

We may suspend or terminate your account at our sole discretion, without prior notice, for conduct that we determine violates these Terms or is harmful to other users, us, or third parties, or for any other reason. Upon termination, your license to use the Service ceases immediately. Sections that by their nature should survive termination will survive.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. AR VISUALIZATIONS ARE APPROXIMATIONS AND MAY NOT PERFECTLY REPRESENT ACTUAL PRODUCT DIMENSIONS, COLORS, OR APPEARANCES.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIER 4 SUPPORT INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

13. Indemnification

You agree to indemnify, defend, and hold harmless Tier 4 Support Inc. and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, violation of these Terms, or infringement of any third-party rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any legal action or proceeding arising out of these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

15. Dispute Resolution

Before filing any legal claim, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days. If the dispute cannot be resolved informally, either party may pursue resolution through the courts as described in Section 14.

16. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Tier 4 Support Inc. regarding the Service and supersede all prior agreements and understandings.

18. Contact Us

If you have questions about these Terms of Service, contact us at:

Tier 4 Support Inc.
Santa Monica, CA
Email: [email protected]