Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you and Chonkster LLC (“Chonkster,” “we,” “us,” or “our”) concerning your download, installation, subscription to, access to, and use of the Chonke Memes mobile application (the “App”).

Please read these Terms carefully. By downloading, accessing, purchasing a subscription to, or using the App, you agree to these Terms.

If you do not agree, do not download or use the App.

1. Eligibility and Use by Children

Chonke Memes is designed to be suitable for users aged 4 and older.

If you are under the age at which you may enter into a binding agreement where you live, you may use the App only with the permission and supervision of a parent or legal guardian.

By downloading the App for a child, purchasing or approving a subscription for a child, or allowing a child to use the App, the parent or legal guardian:

• Agrees to these Terms on the child’s behalf;
• Accepts responsibility for supervising the child’s use of the App;
• Accepts responsibility for the child’s compliance with these Terms;
• Accepts responsibility for managing the App’s device permissions;
• Accepts responsibility for content the child creates, saves, or shares; and
• Confirms that the child’s use of the App is permitted under applicable law.

Children under 13 may use the App’s content-creation and local-saving features under the supervision of a parent or legal guardian. They may not independently purchase paid features, contact Chonkster, or share content through a third-party service. Any such activity must be controlled and initiated by a parent or legal guardian and must comply with Apple’s terms, the applicable third party’s terms and age restrictions, and these Terms.

If you are a parent or legal guardian and do not agree to these Terms, you must not permit the child to use the App.

2. About Chonke Memes

Chonke Memes allows users to create video, GIF, image, or similar meme content using media, text, edits, templates, effects, and other tools made available through the App.

Depending on the version of the App and the features available to you, you may be able to:

• Import or select media from your device;
• Record media using your device;
• Add text, captions, timing, effects, or formatting;
• Export generated content;
• Save content to your device; and
• Share content with social-media platforms, messaging applications, storage services, or other applications selected by you.

Features may differ based on your device, operating-system version, country, subscription status, or App version.

3. Your Subscription

Some or all features of the App may require an auto-renewable subscription purchased through Apple’s App Store.

Purchase terms

The subscription period, price, available trial or introductory offer, and included features will be displayed through the App or Apple’s purchase interface before you confirm your purchase.

Your payment is charged to the Apple Account used to complete the purchase. Apple, rather than Chonkster, processes the payment and associated billing information.

Automatic renewal

Unless you cancel before the applicable renewal deadline, an auto-renewable subscription renews automatically for another subscription period, and Apple charges the applicable price to your Apple Account.

The renewal terms displayed by Apple when you subscribe form part of your purchase terms.

Cancellation

You can manage or cancel a subscription through your Apple Account subscription settings. On an iPhone or iPad, this is generally available through:

Settings → your name → Subscriptions

Cancellation becomes effective at the end of the subscription period for which you have already paid, unless Apple or applicable law provides otherwise.

Deleting the App does not cancel your subscription.

Trials and promotional offers

A free trial, introductory price, or promotional offer may be subject to eligibility requirements established by Apple or Chonkster and displayed at the time of enrollment.

Unless canceled before the deadline shown during enrollment, a trial or promotional subscription may convert to a paid subscription at the displayed price.

Refunds

Apple handles payments and refund requests for App Store purchases. Chonkster does not receive your complete payment credentials and generally cannot issue an App Store refund directly.

Refund eligibility is determined by Apple under its applicable policies and by any non-waivable consumer rights that apply to you.

Price or subscription changes

Subscription prices or benefits may change in the future. Any price change will be communicated and implemented in accordance with Apple’s requirements and applicable law.

Where Apple requires your consent to a price increase, the increase will not take effect unless the required consent is obtained.

Restoring purchases

Where supported, you may use the App’s restore-purchases function or Apple’s account features to restore an eligible subscription on a compatible device using the same Apple Account.

Subscriptions used by children

A subscription intended for use by a child must be purchased or approved by the child’s parent or legal guardian through the Apple Account used for the purchase and any applicable Apple family-purchase or approval controls.

The Apple Account holder is responsible for:

• Reviewing the subscription price, duration, and renewal terms;
• Approving the initial purchase;
• Managing or canceling the subscription; and
• Reviewing renewal or price-change notices provided by Apple.

Allowing a child to use the App does not make the child the purchaser or account holder for the subscription.

4. License to Use the App

The App is licensed, not sold.

Subject to these Terms, including the Apple-specific provisions in Section 17, Chonkster grants you a limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable license to install and use the App as intended on devices permitted under Apple’s applicable usage rules.

You may not:

• Copy, distribute, rent, lease, sell, sublicense, or commercially redistribute the App itself;
• Reverse engineer, decompile, disassemble, or attempt to derive the App’s source code, except to the limited extent such a restriction is prohibited by applicable law;
• Circumvent subscription controls, digital-rights controls, security measures, or feature limitations;
• Modify or create an unauthorized derivative version of the App;
• Extract, scrape, or republish App resources or databases;
• Use automated systems to interfere with or place an unreasonable burden on the App;
• Use the App to develop or benchmark a competing product except where applicable law expressly permits it; or
• Remove or alter copyright, trademark, attribution, or proprietary notices.

5. Your Media, Projects, Outputs, and Rights

As between you and Chonkster, you retain the rights you already hold in the photos, videos, audio, text, logos, names, likenesses, and other materials that you provide to the App (“User Materials”).

Chonkster does not claim ownership of your User Materials merely because you process them through the App.

Under the App’s current design, User Materials and generated projects are processed locally on your device and are not uploaded to Chonkster.

You are solely responsible for:

• Selecting the User Materials you use;
• Reviewing content generated through the App;
• Deciding whether and where to save, publish, or share that content; and
• Complying with the rules of each platform or service to which you submit it.

You represent and warrant that you have all rights, licenses, permissions, and consents necessary for your use of the User Materials and that your creation, use, saving, publication, and sharing of User Materials and generated content will not:

• Infringe copyright, trademark, patent, trade-secret, or other intellectual-property rights;
• Violate another person’s privacy, publicity, personality, image, or likeness rights;
• Breach a contract, confidentiality obligation, license, or platform rule;
• Falsely imply sponsorship, endorsement, affiliation, or authorization;
• Misuse a person’s voice, image, identity, or personal information;
• Contain material you are legally prohibited from possessing or distributing; or
• Otherwise violate applicable law.

You are responsible for obtaining permission from people appearing or heard in your content when permission is legally required. This includes responsibility for music, video clips, photographs, logos, characters, artwork, recordings, and other third-party material incorporated into a meme.

The App’s technical ability to create or export content does not mean that the content is lawful, non-infringing, appropriate, or permitted by a third-party platform.

6. App Materials and Chonkster Intellectual Property

The App, including its software, interface, design, branding, graphics, templates, effects, documentation, and other materials provided by Chonkster, is owned by or licensed to Chonkster and is protected by intellectual-property and other laws.

“Chonkster,” “Chonke Memes,” associated logos, and related names and branding are trademarks or service marks of Chonkster or its licensors.

Except for the limited license expressly granted in these Terms, no right or license is granted to you in the App or Chonkster’s intellectual property.

Where the App provides templates, graphics, type treatments, effects, stickers, or similar creative elements, you may use those elements as incorporated into an output created through the normal operation of the App, subject to:

• These Terms;
• Any additional license displayed for a particular asset;
• The rights of any identified third-party licensor; and
• Applicable law.

You may not extract, package, resell, sublicense, redistribute, or make the underlying App assets available as standalone files.

7. Acceptable Use

You may use the App only for lawful purposes and in compliance with the content and rights requirements in Section 5.

You may not use the App to create, possess, publish, transmit, or facilitate content or conduct that:

• Is unlawful, fraudulent, deceptive, or intended to facilitate a crime;
• Threatens, harasses, stalks, intimidates, or unlawfully discriminates against another person;
• Promotes violence against a person or protected group;
• Sexually exploits or endangers a minor;
• Constitutes child sexual abuse material;
• Contains non-consensual intimate imagery or sexually explicit deepfake material;
• Reveals sensitive personal information without lawful authority;
• Impersonates another person or falsely presents content as authentic in a manner intended to defraud or cause unlawful harm;
• Is defamatory or knowingly false in a manner that violates applicable law;
• Introduces malware, malicious code, or harmful files;
• Interferes with the App’s operation or security;
• Circumvents a subscription, access restriction, or technical protection; or
• Violates applicable sanctions, export-control laws, or other trade restrictions.

Chonkster is not obligated to review content that remains on your device. Nevertheless, we may restrict or terminate access to the App where we reasonably believe the App is being used in violation of these Terms or applicable law.

8. Saving and Sharing Through Third-Party Services

Chonke Memes is a content-creation tool and not a social network. Chonkster does not provide user profiles, public feeds, messaging between users, or developer-hosted publication of user-created content.

The App may allow you to send exported content to another application or service through Apple’s sharing functionality.

You choose the destination and initiate the transfer. Your relationship with a social-media platform, messaging application, cloud provider, or other third party is governed by that third party’s terms and policies.

Chonkster does not control the selected third party or guarantee that it will accept, display, preserve, or distribute your content. Chonkster is not responsible for:

• A third party’s moderation or removal of your content;
• Suspension or termination of your third-party account;
• Changes to a third-party service or application-programming interface;
• Compression, cropping, conversion, quality loss, or metadata changes applied by another service;
• The audience that can access content after you share it; or
• Another service’s collection, use, or disclosure of information.

Some third-party social-media platforms, messaging applications, and other services impose their own minimum-age requirements. The App’s suitability for users aged 4 and older does not mean that a child is eligible to create an account with or use every service available through the device’s sharing interface.

Any sharing involving a child under 13 must be controlled and initiated by a parent or legal guardian. Before sharing content on a child’s behalf, the parent or legal guardian is responsible for:

• Reviewing the content;
• Determining whether it includes the child’s image, voice, name, location, school, or other identifying information;
• Obtaining any permissions required from people appearing or heard in the content;
• Selecting the intended destination, recipients, and audience;
• Reviewing the destination service’s privacy settings; and
• Ensuring that the sharing complies with the service’s minimum-age requirements and terms.

9. Privacy

Our Privacy Policy explains how information is handled in connection with the App and is incorporated into these Terms by reference.

Parents and legal guardians should review the Privacy Policy before allowing a child to use the App.

10. App Updates, Compatibility, and Changes

Chonkster may release updates, fixes, improvements, or new features and may add, modify, suspend, or discontinue App features.

An update may be necessary for continued compatibility, security, subscription verification, or access to particular features. Your device or App Store settings may install updates automatically.

We do not guarantee that:

• The App will be compatible with every device, media format, or operating-system version;
• Every feature will remain available indefinitely;
• Older App versions will continue to function;
• Third-party sharing destinations will remain compatible; or
• An exported file will display identically in every application.

You are responsible for maintaining a compatible device, operating system, storage capacity, internet connection where required, and Apple Account.

Where a change materially affects a paid subscription, Chonkster will provide any notice or remedy required by applicable law or Apple’s rules.

Changes to or discontinuation of the App do not replace your responsibility to manage or cancel your subscription as described in Section 3.

11. Suspension and Termination

These Terms remain effective until terminated.

You may stop using the App at any time.

Chonkster may suspend or terminate your license to use the App if:

• You materially violate these Terms;
• Your use creates a legal, security, or operational risk;
• We are required to do so by law or by Apple;
• You attempt to circumvent subscription or security controls; or
• Continued provision of the App becomes unlawful or impracticable.

Upon termination, the license granted to you ends, and you must stop using the App.

Provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, responsibility for content, disclaimers, limitations of liability, indemnification, and dispute terms.

12. Feedback

You may choose to send us ideas, suggestions, bug reports, or other feedback.

You grant Chonkster a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, reproduce, modify, and incorporate that feedback into Chonkster’s products and services without compensation or attribution to you.

This provision does not give Chonkster ownership of your separately created meme content or personal media.

13. Disclaimer of Warranties

Nothing in these Terms excludes a warranty or consumer right that cannot lawfully be excluded.

To the maximum extent permitted by applicable law, the App is provided on an “as is” and “as available” basis.

Chonkster disclaims all warranties and conditions not expressly stated in these Terms, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, quiet enjoyment, title, and non-infringement.

Chonkster does not warrant that:

• The App will always be available, uninterrupted, secure, or error-free;
• Every defect will be corrected;
• Generated content will meet your expectations;
• Generated content will be lawful or non-infringing; or
• Files saved or exported from the App will never be corrupted, lost, changed, or deleted.

You are responsible for reviewing outputs and maintaining appropriate copies or backups of important files.

14. Limitation of Liability

Nothing in these Terms limits liability that cannot lawfully be limited, including liability for fraud, fraudulent misrepresentation, or any other liability that applicable law prohibits us from excluding.

To the maximum extent permitted by applicable law, Chonkster and its members, managers, officers, employees, contractors, licensors, and agents will not be liable for any indirect, incidental, special, exemplary, consequential, or punitive damages, or for any loss of profits, revenue, goodwill, data, content, business opportunity, or anticipated savings arising out of or relating to the App.

This limitation applies whether the claim is based on contract, tort, negligence, strict liability, statute, or another legal theory and even if Chonkster was advised that such damages were possible.

To the maximum extent permitted by law, Chonkster’s total aggregate liability arising out of or relating to the App or these Terms will not exceed the greater of:

1. The amount attributable to your Chonke Memes subscription payments during the 12 months immediately preceding the event giving rise to the claim; or
2. One hundred United States dollars (US $100).

Some jurisdictions do not allow particular exclusions or limitations. In those jurisdictions, the exclusions and limitations apply only to the extent permitted by law.

15. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Chonkster and its members, managers, officers, employees, contractors, licensors, and agents from third-party claims, liabilities, damages, judgments, losses, and reasonable legal costs arising from:

• Your User Materials or generated content;
• Your publication, distribution, or sharing of content;
• Your violation of another person’s intellectual-property, privacy, publicity, or other rights;
• Your violation of these Terms; or
• Your unlawful or fraudulent use of the App.

You are not required to indemnify a party for that party’s own fraud, willful misconduct, or other conduct for which indemnification may not legally be required.

Chonkster reserves the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate with that defense.

16. Intellectual-Property Complaints

If you believe that Chonkster-provided material in the App infringes your intellectual-property rights, contact us at socials@chonke.meme.

Your notice should include enough information for us to understand and investigate the claim, including:

• Identification of the protected work or right;
• Identification of the allegedly infringing material;
• Your contact information;
• A description of the basis for your claim; and
• A statement that the information you provided is accurate.

This procedure concerns material supplied by Chonkster. Chonkster does not host or publish content that users create locally and share independently through third-party services.

17. Additional Apple App Store Terms

The following provisions apply when you obtain or use the App through Apple’s App Store.

Agreement with Chonkster

These Terms are between you and Chonkster, not Apple. Chonkster, rather than Apple, is responsible for the App and its content, subject to these Terms.

Apple’s standard license terms

Unless Chonkster provides a valid custom end-user license agreement through App Store Connect, Apple’s Standard Licensed Application End User License Agreement applies to the license for the App.

Scope of license

Your license is limited to use of the App on Apple-branded products that you own or control and as permitted by Apple’s applicable usage rules, including any permitted Family Sharing use.

Maintenance and support

Chonkster is responsible for any maintenance and support services it has expressly agreed to provide for the App.

Apple has no obligation to provide maintenance or support services for the App.

App warranties

To the extent a warranty applies and the App fails to conform to that warranty, you may notify Apple. Apple’s warranty obligation, if any, is limited to refunding the applicable purchase price in accordance with Apple’s policies and applicable law.

To the maximum extent permitted by law, Apple has no other warranty obligation concerning the App.

Chonkster is responsible for other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to an applicable warranty, subject to these Terms and applicable law.

Product claims

Chonkster, not Apple, is responsible for addressing claims relating to the App or your possession or use of it, including:

• Product-liability claims;
• Claims that the App fails to comply with an applicable legal or regulatory requirement; and
• Claims arising under consumer-protection, privacy, or similar law.

Intellectual-property claims

If a third party claims that the App or your possession or use of it infringes that party’s intellectual-property rights, Chonkster, rather than Apple, is responsible for investigating, defending, settling, or discharging the claim to the extent required by these Terms and applicable law.

Legal compliance

You represent that:

• You are not located in a country or region subject to a United States government embargo or designated as supporting terrorism; and
• You are not listed on a United States government restricted- or prohibited-party list.

You must comply with applicable export-control, sanctions, and trade laws.

Third-party terms

You must comply with all applicable third-party terms when using the App, including the terms described in Section 8.

Apple as third-party beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms as they relate to the App.

Upon your acceptance of these Terms, Apple will have the right to enforce the applicable provisions against you as a third-party beneficiary.

18. Governing Law and Disputes

Except where the law of your residence requires otherwise, these Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Any legal action arising out of or relating to these Terms or the App that is not required by applicable law to be brought elsewhere will be brought in the state or federal courts located in Los Angeles County, California. You and Chonkster consent to the personal jurisdiction of those courts.

Nothing in these Terms deprives you of mandatory consumer protections or a right to bring a claim in another forum where the law applicable to you does not permit that right to be waived.

Before filing a formal claim, you and Chonkster agree to make a reasonable good-faith effort to resolve the dispute by written communication. A notice to Chonkster may be sent to socials@chonke.meme.

19. Changes to These Terms

We may update these Terms to reflect changes to the App, subscription features, our business, legal requirements, or Apple’s requirements.

We will update the “Last Updated” date when the Terms change. Where legally required, we will provide additional notice of material changes.

Changes will apply prospectively from their stated effective date. Your continued use of the App after updated Terms take effect constitutes acceptance to the extent permitted by law.

If you do not agree to updated Terms, you must stop using the App and separately cancel any active subscription through your Apple Account.

20. General Provisions

Entire agreement

These Terms, the Privacy Policy, any subscription terms displayed at purchase, and any additional terms presented for a particular feature constitute the agreement between you and Chonkster concerning the App.

Order of precedence

In the event of a conflict:

1. Non-waivable applicable law controls;
2. Apple’s applicable App license and purchase terms control for matters Apple requires them to govern;
3. Specific terms displayed for a feature or offer control for that feature or offer; and
4. These Terms control in other respects.

Severability

If a provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain effective.

No waiver

A failure to enforce a provision is not a waiver of the right to enforce it later.

Assignment

You may not assign or transfer these Terms or your App license without Chonkster’s prior written consent.

Chonkster may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or transfer of the App, subject to applicable law.

Headings

Section headings are provided for convenience and do not affect interpretation.

21. Contact Information

Questions, complaints, or support requests concerning the App or these Terms may be sent to:

Chonkster LLC
9921 Carmel Mountain Rd
Suite 1311
San Diego, CA 92129-2813

Email: socials@chonke.meme