1. Definitions
1.1 "App". "App" means the Keyu application (Chinese name 课语, Bundle ID com.gacing.LectureCaptions) for iOS and iPadOS, including (a) the copy distributed through the Apple App Store and (b) Test Builds, together with the associated software, code, interfaces, content provided by the Developer, and any updates.
1.2 "Test Build". "Test Build" means a development-signed build of the App distributed through the Site for installation on registered devices, outside the App Store.
1.3 "Site". "Site" means the website accessible at keyu.gacing.com, a subdomain of gacing.com, including all pages and content on it.
1.4 "Developer". "Developer" means the individual who develops the App and distributes it under that individual's own name through the Apple App Store; the Developer is the seller shown on the App's App Store product page. The Developer uses the name GACING as a public signature, including in copyright notices and on the Site.
1.5 "you". "you" and "User" mean any natural person or organization that downloads, installs, or uses the App or accesses the Site. An individual who uses the App on behalf of a school, company, or other organization is deemed to accept these Terms on behalf of that organization, and in that case "you" includes that organization.
1.6 "Apple". "Apple" means Apple Inc.
1.7 "Standard EULA". "Standard EULA" means Apple's Licensed Application End User License Agreement.
1.8 "User Content". "User Content" means the audio recordings, caption text, translations, and exported files that you generate through the App.
1.9 "Third-Party Services". "Third-Party Services" means services, software, system frameworks, infrastructure, and networks provided by any party other than the Developer, including Apple, hosting providers, the domain registrar, and network operators.
1.10 "Diagnostic Data". "Diagnostic Data" means the diagnostic information contained in a Diagnostic Log File, which you may choose to send to the Developer yourself, as described in the Privacy Policy.
1.11 "Diagnostic Log File". "Diagnostic Log File" means the diagnostic log file that the App generates on your device and that you may export from the App's About page, as described in the Privacy Policy.
1.12 "Privacy Policy". "Privacy Policy" means the privacy policy for the App and the Site published on the Site, as revised from time to time.
1.13 "Terms". "Terms" means these Terms of Use, as revised from time to time in accordance with Section 16.
1.14 "Host Jurisdiction". "Host Jurisdiction" means the State of California, United States, where the server hosting the Site is located.
1.15 "Governing Law". "Governing Law" means the laws of the Host Jurisdiction, as specified in Section 18.1.
2. Acceptance and Scope
2.1 Acceptance. You accept these Terms by (a) accepting them where the App prompts you to accept these Terms, for example on a first-launch screen of the App, or (b) continuing to use the App or the Site after these Terms have been made available to you through the App or the Site. By accepting, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to any part of these Terms, you must not download, install, or use the App, you must delete the App from your devices, and you must cease all access to the Site.
2.2 Applicability. These Terms apply to all Users, including persons who only access the Site and persons who use the App without accessing the Site.
2.3 Relationship to the Standard EULA. The copy of the App distributed through the App Store is licensed to you under the Standard EULA, not under these Terms. These Terms supplement the Standard EULA with additional rules governing your use of the App and with other agreements between you and the Developer. If these Terms conflict with the Standard EULA with respect to that copy, the Standard EULA controls. Test Builds are not distributed through the App Store; the Standard EULA does not apply to them, and they are licensed under Section 4.2.
2.4 Privacy Policy. The Privacy Policy describes how the App and the Site handle data. The Privacy Policy is an informational notice; it is referenced by these Terms but is not incorporated into them and does not form part of this agreement.
3. The App and the Site
3.1 What the App Does. The App is a study aid. It uses your device's microphone, or an external microphone connected to the device (such as AirPods or other Bluetooth earphones, a wired or USB microphone, or the receiver of a wireless lavalier microphone plugged into the device), to capture speech in classes and lectures, generates captions in real time, and translates each sentence into a language you select. By default, each captioning session simultaneously records audio, and the recording is saved on your device together with the session's captions and translations; you can turn recording off with the "Save Session Recordings" switch on the "About" page. If you turn on iCloud Sync on that device, these items are also moved into the iCloud Drive of your Apple Account (Section 7.2). You may review sessions in the App and export or share captions, translations, and recordings in the formats the App provides. The App is available on the App Store.
3.2 On-Device Processing. Speech recognition and translation are performed on your device by Apple system frameworks. The first time you use a language, iOS downloads the corresponding language resources from Apple; recognition and translation work offline afterward.
3.3 No Charge; No Accounts. The App is provided free of charge. It has no in-app purchases, subscriptions, advertising, accounts, or sign-in.
3.4 The Site. The Site provides information about the App and publishes these Terms and the Privacy Policy. The Site also distributes Test Builds to registered devices through its beta page.
3.5 System Permissions. To start a captioning session, the App requires the iOS microphone permission and the iOS speech recognition permission. Notification permission is optional; the App requests it only if you turn on notifications on the App's About page. Live Activities on the lock screen can be turned off in your device settings. You may grant or withdraw any permission in iOS Settings. Withdrawing the microphone or speech recognition permission prevents new captioning sessions from capturing and recognizing audio; sessions already saved on your device are not affected.
3.6 Scope of the Developer. The Developer provides the App and the Site themselves; nothing in these Terms is a commitment to provide any ongoing service. With respect to data on your device, the Developer does not access it, does not store copies of your User Content or other on-device data outside your device, and does not back up, retain, restore, or recover data on your device. The only categories of data the Developer may receive are those described in the Privacy Policy: Diagnostic Data you choose to send to the Developer yourself, correspondence you send, including export files you choose to attach to it, connection data generated when the Site responds to your requests, and data that Apple may provide.
4. License and Restrictions
4.1 App Store Copies. Your license to install and use the copy of the App distributed through the App Store is granted by the Standard EULA, as described in Section 2.3. These Terms do not grant a separate license to that copy. The restrictions in Section 4.3 supplement the Standard EULA and apply to every copy of the App.
4.2 Test Builds. Subject to these Terms, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use each Test Build on a device registered for testing, solely for the purpose of testing and evaluating the App. Test Builds are signed with a development certificate and distributed over the air through the Site, outside the App Store. All restrictions in Section 4.3 apply to Test Builds.
4.3 Restrictions. Except as permitted by the Standard EULA for the App Store copy or by applicable law, you may not: (a) copy, modify, adapt, or create derivative works of the App; (b) decompile, reverse engineer, or disassemble the App, except to the extent such restriction is prohibited by applicable law; (c) rent, lease, lend, sell, redistribute, or sublicense the App; (d) remove, alter, or obscure any copyright, trademark, or other proprietary notice in the App; or (e) use the App in any manner prohibited by Section 12.
4.4 Reservation of Rights. The Developer reserves all rights not expressly granted. Any license granted under these Terms terminates automatically upon your breach of these Terms, without prejudice to the Developer's other rights and remedies.
5. Eligibility
5.1 Age. You may use the App only if you have reached the age of legal majority in your jurisdiction, or if you use it with the consent and under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.
5.2 Lawful Use. You represent and warrant that your use of the App and the Site does not violate any law, regulation, or order applicable to you.
5.3 Children. The App is not directed to children under the age of 13 (or any higher minimum age required by the law of your jurisdiction), and such children may not use the App.
6. Your Responsibilities
6.1 Consent to Record. Audio recording is on by default, and when it is on, each captioning session creates an audio recording, as described in Section 3.1. Before you start any captioning session, you must obtain all consents and permissions required from lecturers, instructors, schools, and other persons present. You must comply with all recording laws applicable to you, including the laws of jurisdictions that require the consent of all parties to a conversation, and with the rules and policies of your school or institution.
6.2 Responsibility for Recordings and Output. You are solely responsible for your use, storage, sharing, publication, and dissemination of recordings, captions, and translations, and for every consequence of that use.
6.3 Rights in Class Content. All rights in the lectures and class content you capture belong to the lecturer, the school, or other rights holders. Your use of the App does not transfer any of those rights to you or to the Developer.
6.4 Prohibited Purposes. You must not use the App to record or monitor any person without authorization, or to infringe the privacy, intellectual property, or other rights of any person.
6.5 Accuracy. You are responsible for judging whether captions and translations are accurate and suitable for your purposes, as described in Section 8.
6.6 Device and Resources. You are responsible for providing a compatible device and operating system version and for downloading through iOS the language resources required for recognition and translation.
6.7 Backups. You are solely responsible for backing up data on your device. As stated in Section 3.6, the Developer does not back up, restore, or recover data on your device and has no ability to do so.
7. User Content and Data on Your Device
7.1 Ownership. As between you and the Developer, you own your User Content, subject to the rights of others described in Section 6.3. With respect to User Content stored on your device, the Developer neither claims nor requires any license, because the Developer cannot access it. Content you choose to send to the Developer, such as export files attached to correspondence, is handled as described in the Privacy Policy.
7.2 Storage, iCloud Backup, and iCloud Sync. Session data, meaning captions, translations, recordings, and class names, is stored in the App's sandbox on your device. Recordings are saved in the App's own audio file format and are excluded from iCloud Backup. If you enable iCloud Backup in your device settings, the backups maintained by Apple include the App's on-device data other than recordings: captions and translations, class names, run logs, and diagnostic records. iCloud Backup is an Apple service governed by Apple's terms and privacy policy. If you turn on iCloud Sync on the App's About page, the device's session data is moved into the App's folder in the iCloud Drive of your Apple Account and syncs across your devices signed in to the same Apple Account with sync turned on; iCloud Drive is an Apple service governed by Apple's terms and privacy policy, and the Developer does not operate that service and does not access or receive the synced data. The Developer cannot access User Content on your device.
7.3 Run Logs. The App stores run logs in its data directory on your device. Logs rotate automatically by size: older content is discarded as new content is written. You cannot manage logs separately within the App. Deleting a session does not delete logs. Deleting the App deletes the logs together with all other App data on the device.
7.4 Deletion. Deleting a session in the App deletes that session's captions, translations, and recording. Deleting a session's recording on its own deletes only that recording; the session's captions and translations are retained. Deleting the App deletes all of the App's data on the device. Deletion within the App cannot be undone, and the Developer cannot access, restore, or recover any deleted data. Deletion within the App does not affect copies already included in an iCloud Backup or copies you have exported or shared.
7.5 Exported and Shared Copies. When you export or share User Content, the exported or shared copies leave the App's sandbox. Those copies are controlled by you and by the destinations you choose, and their further storage and handling are governed by the terms of those destinations.
8. Accuracy and Reliance
8.1 Automated Output. Captions and translations are generated automatically and may be inaccurate, incomplete, out of context, or delayed. Quality depends on factors outside the Developer's control, including acoustic conditions, the speaker, and Apple's system frameworks and language resources.
8.2 Study Aid Only. The App is a study aid. Its output is not a substitute for professional interpretation, translation, transcription, or note-taking services, for accessibility accommodations, or for professional advice of any kind.
8.3 No Reliance. You must not rely on the App's output for examinations, academic assessment or grading, legal or medical matters, or any other decision with significant consequences. You assume all risk arising from any reliance on the output.
9. Third-Party Services
9.1 Third Parties Are Responsible for Their Own Services. The App and the Site rely on Third-Party Services. Each third party is responsible for its own services, which are governed by that party's own terms and privacy policies. The Developer is not responsible for the acts, omissions, failures, or interruptions of any Third-Party Service.
9.2 Apple. Apple provides iOS and iPadOS, the on-device speech recognition and translation system frameworks, the download of language resources, the App Store, and iCloud Backup. Apple's services are governed by Apple's own terms and privacy policy.
9.3 Infrastructure Providers. The Site runs on servers provided by DMIT, Inc. and located in Los Angeles, California. The domain gacing.com is registered through Spaceship, an ICANN-accredited registrar, and the Site is operated at a subdomain of gacing.com. The hosting providers, the registrar, and network operators may process technical data in accordance with their own policies.
10. Apple-Specific Terms
10.1 Parties. These Terms are entered into between you and the Developer only, and not with Apple. As between the Developer and Apple, the Developer, and not Apple, is solely responsible for the App and its content. The allocations of responsibility in this Section 10 are allocations between the Developer and Apple; they do not constitute any promise, representation, or warranty by the Developer to you.
10.2 Standard EULA. The relationship between these Terms and the Standard EULA is described in Section 2.3.
10.3 No Apple Maintenance or Support. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.
10.4 Claims. As between the Developer and Apple, the Developer, and not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession or use of it, including (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation. As between the Developer and Apple, the Developer is solely responsible for the investigation, defense, settlement, and discharge of any claim that the App infringes a third party's intellectual property rights.
10.5 Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right (and is deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
10.6 No Affiliation; Trademarks. Keyu is not affiliated with, sponsored by, or endorsed by Apple. Apple, App Store, iPhone, iPad, and iCloud are trademarks of Apple Inc., registered in the United States and other countries and regions.
11. Intellectual Property
11.1 Ownership. The App, the Site, the Keyu name and logo, and all software, text, graphics, and design provided by the Developer through the App or the Site, together with all associated intellectual property rights, are and remain the property of the Developer, protected under the copyright, trademark, and other intellectual property laws of the United States and under applicable international treaties.
11.2 Feedback. If you send the Developer suggestions, ideas, or feedback about the App or the Site, the Developer may use, modify, and incorporate them without restriction, attribution, or compensation to you.
12. Acceptable Use
12.1 General Prohibition. You agree not to use the App or the Site for any purpose that is unlawful under the Governing Law or the laws applicable to you, or for any purpose prohibited by these Terms.
12.2 Specific Prohibitions. Without limiting Section 12.1, you agree not to:
- use the App to record, monitor, or eavesdrop on any person or conversation without all legally required consents;
- attempt to gain unauthorized access to the Site or any connected systems or networks, by hacking, port scanning, vulnerability probing, or any other illegitimate means;
- introduce any virus, worm, Trojan horse, ransomware, or other technologically harmful or malicious material;
- attempt to circumvent, disable, or interfere with any security or access-control feature;
- use the Site in any manner that could disable, overburden, damage, or impair it; or
- infringe any intellectual property right of any party.
12.3 Applicable Law Notice. Unauthorized access to the Site or connected systems may constitute a violation of the Computer Fraud and Abuse Act (18 U.S.C. § 1030) and Cal. Penal Code § 502, as well as comparable statutes of other jurisdictions. The Developer reserves all rights to pursue civil remedies and to refer matters for criminal prosecution under applicable law.
12.4 Consequences. Any breach of this Section may result in termination of your rights under these Terms and may subject you to civil liability and criminal prosecution under applicable law.
13. Disclaimers
THE APP, THE SITE, AND ALL CAPTIONS, TRANSLATIONS, RECORDINGS, LANGUAGE RESOURCES, CONTENT, FUNCTIONALITY, AND TECHNICAL FEATURES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AND COMPATIBILITY WITH ANY THIRD-PARTY SERVICE, SYSTEM FRAMEWORK, OR LANGUAGE RESOURCE.
THE DEVELOPER MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE APP OR THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE APP OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) CAPTIONS, TRANSLATIONS, OR ANY OTHER OUTPUT OF THE APP WILL BE ACCURATE, COMPLETE, RELIABLE, OR TIMELY; (D) ANY DEFECT OR ERROR WILL BE CORRECTED; OR (E) THE APP WILL REMAIN COMPATIBLE WITH ANY OPERATING SYSTEM, SYSTEM FRAMEWORK, LANGUAGE RESOURCE, OR THIRD-PARTY SERVICE.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, FOR LOSS, UNAVAILABILITY, OR CORRUPTION OF RECORDINGS, CAPTIONS, TRANSLATIONS, OR EXPORTS, OR FOR ACADEMIC, EXAMINATION, GRADE, OR CAREER LOSSES, ARISING OUT OF OR RELATING TO: (A) YOUR USE OF OR INABILITY TO USE THE APP OR THE SITE; (B) ANY CAPTION, TRANSLATION, RECORDING, OR OTHER OUTPUT OF THE APP, OR ANY RELIANCE PLACED ON IT; (C) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) ANY ACT, OMISSION, FAILURE, OR INTERRUPTION OF ANY THIRD-PARTY SERVICE, INCLUDING APPLE, ITS SYSTEM FRAMEWORKS, LANGUAGE RESOURCES, THE APP STORE, AND ICLOUD, OR ANY HOSTING PROVIDER, DOMAIN REGISTRAR, OR NETWORK OPERATOR; OR (E) ANY OTHER MATTER RELATING TO THE APP OR THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE DEVELOPER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THE SITE EXCEED ONE UNITED STATES DOLLAR (US $1.00).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEVELOPER SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INCONVENIENCE ARISING FROM OR ATTRIBUTABLE TO THE ACTS, OMISSIONS, FAILURES, OR SERVICE INTERRUPTIONS OF ANY THIRD-PARTY SERVICE.
NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD OR WILLFUL MISCONDUCT.
15. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Developer from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) brought by any third party and arising out of or relating to: (a) your violation of any provision of these Terms; (b) your violation of any applicable law or regulation, including recording and privacy laws; or (c) your violation of any right of a third party, including intellectual property rights, privacy rights, and rights in class content, and in particular claims arising from recordings you make or from your use, storage, sharing, or dissemination of recordings, captions, or translations. This Section applies solely to claims brought by third parties; nothing in this Section shifts costs or attorneys' fees between you and the Developer in any dispute between you and the Developer. This indemnification obligation survives the termination of these Terms and your cessation of use of the App and the Site.
16. Changes, Suspension, and Termination
16.1 Changes to the App and the Site. The Developer may modify, suspend, or discontinue the App or the Site, or any feature or the distribution of them, in whole or in part, at any time and without prior notice.
16.2 Changes to These Terms. The Developer may revise these Terms at any time. A revised version takes effect upon publication on the Site, and material revisions are identified on the Site. Your continued use of the App or the Site following publication constitutes acceptance of the revised Terms. A revision does not apply to any dispute that arose, or of which the Developer was aware, before the revision took effect.
16.3 Termination by You. You may terminate these Terms at any time by ceasing all use of the App and the Site and deleting the App from your devices.
16.4 Termination by the Developer. The Developer may terminate or suspend your rights under these Terms, including the license granted in Section 4.2, at any time, for any reason (including any breach of these Terms), and without prior notice. Upon termination, your rights under these Terms end, including the license to each Test Build. The license to the copy of the App distributed through the App Store is granted by the Standard EULA and terminates as provided in the Standard EULA.
16.5 Survival. The provisions listed in Section 19.7 survive the termination of these Terms.
17. Export Control and Sanctions
You acknowledge that the App and the technical data available through the App or the Site may be subject to the export control and economic sanctions laws and regulations of the United States, including those administered by the U.S. Department of Commerce and the U.S. Department of the Treasury. By using the App or the Site, you represent and warrant that: (a) you are not located in, organized under the laws of, or a resident or national of any country or territory that is the subject of comprehensive economic sanctions administered by the United States; (b) you are not designated on any restricted-parties list maintained by the government of the United States; and (c) you will not use, export, or re-export the App or any content or data obtained from the App or the Site in violation of applicable United States export control or sanctions laws.
18. Governing Law and Dispute Resolution
18.1 Governing Law. These Terms, and any dispute, controversy, or claim arising out of or in connection with the App, the Site, or these Terms (including non-contractual disputes or claims), are governed by and construed exclusively in accordance with the laws of the State of California, without regard to conflict-of-law principles or any choice-of-law rules that would cause the application of the laws of any other jurisdiction. Nothing in these Terms affects any mandatory consumer protection provisions of the law of your place of residence that cannot be excluded by agreement, and all provisions of these Terms otherwise apply to the maximum extent permitted by applicable law.
18.2 Exclusive Jurisdiction. Any legal action, suit, or proceeding arising under or relating to these Terms, the App, or the Site must be brought exclusively in the state or federal courts located in Los Angeles County, California. You irrevocably consent to the personal jurisdiction and venue of those courts and waive any objection to the exercise of personal jurisdiction over you and any defense of inconvenient forum or improper venue.
18.3 CLASS ACTION WAIVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE DEVELOPER EACH WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS, THE APP, OR THE SITE. ALL DISPUTES SHALL BE RESOLVED ON AN INDIVIDUAL BASIS. IF THIS SECTION 18.3 IS FOUND TO BE INVALID OR UNENFORCEABLE, THIS SECTION 18.3 ALONE SHALL BE SEVERED, AND THE REMAINDER OF THESE TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
19. General Provisions
19.1 Severability. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to render it enforceable or, if modification is not possible, severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions.
19.2 No Waiver. The failure of the Developer to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver is effective only if in writing and signed by the Developer.
19.3 Entire Agreement. These Terms constitute the entire agreement between you and the Developer concerning the App and the Site, and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral. With respect to the copy of the App distributed through the App Store, the Standard EULA also applies and prevails over these Terms as described in Section 2.3. The Privacy Policy is an informational notice describing data handling; it is referenced by these Terms but is not incorporated into them and does not form part of this agreement.
19.4 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without the Developer's prior written consent. The Developer may freely assign these Terms at any time without notice.
19.5 Language. These Terms are drafted and executed in the English language. Any translation is provided for reference only. In the event of any conflict between the English version and any translation, the English version controls and prevails.
19.6 Headings. Section headings are for convenience of reference only and shall not affect the interpretation of these Terms.
19.7 Survival. Sections 1, 3.6, 6.1 through 6.4, 7.1, 7.4, 7.5, 8, 9, 10, 11, 12.3, 12.4, 13, 14, 15, 17, 18, 19, and 20 survive the termination of these Terms and your cessation of use of the App and the Site.
20. Contact and Legal Notices
20.1 Designated Contact. The Developer's designated contact address for communications relating to these Terms, the App, or the Site, including legal notices, is keyu@gacing.com. Legal notices must be delivered in writing to that address.
20.2 Deemed Receipt. Notices delivered by email are deemed received upon confirmation of successful transmission by the sender's mail server.
20.3 Non-Compliant Legal Notices. This Section 20.3 applies only to legal notices. The Developer is not obligated to respond to a legal notice that is not delivered in accordance with this Section, that does not contain sufficient information to identify the sender, the subject matter, and the legal basis of the notice, or that is not written in the English language. Requests made under the Privacy Policy, including requests for access or deletion, are not legal notices for purposes of this Section; the Developer accepts them in any language.