Terms & Conditions

Last updated: April 12, 2026

Scream Jar is an entertainment app. It is not a communication, safety, or recording tool. Use responsibly and respect others.

1. Acceptance of Terms

By downloading, installing, or using Scream Jar ("the App"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, do not use the App. These Terms contain a binding arbitration clause and a class action waiver in Section 10 that affect your legal rights. Please read them carefully.

2. Description of Service

Scream Jar is an entertainment application that allows users to record audio (screams), visualize them as glowing orbs inside a virtual mason jar rendered in real-time 3D, play them back, and share them with friends. The App is intended solely for entertainment purposes.

3. User Content

You retain ownership of all audio content you record through the App. By using the App's sharing features, you represent that you have the right to share any content you distribute and that such content does not violate any third party's rights or any applicable law.

You agree not to use the App to record or share content that is:

4. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ALL OF ITS CONTENT, FEATURES, AND FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

JOSHUA HART / HARTISTIC LLC ("THE DEVELOPER") EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE DEVELOPER DOES NOT WARRANT THAT:

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

IN NO EVENT SHALL THE DEVELOPER, HIS AFFILIATES, LICENSORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

THE DEVELOPER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED UNITED STATES DOLLARS (US $100.00).

This limitation of liability does not apply to liability arising from gross negligence, willful misconduct, or fraud.

6. Indemnification

You agree to defend, indemnify, and hold harmless the Developer from and against third-party claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) directly resulting from:

7. In-App Purchases

Scream Jar offers consumable in-app purchases including capacity expansions and additional jars. All purchases are processed through Apple's App Store and are subject to Apple's terms. Consumable purchases are one-time and non-refundable except as required by applicable law or Apple's refund policies. The purchased benefit (expanded capacity or a new jar) is applied immediately and persists via iCloud-backed storage.

8. User Conduct

You agree not to:

9. Intellectual Property

The App and all of its content, features, and functionality, including but not limited to its design, code, graphics, user interface, Metal shaders, orb skin designs, and the Scream Jar name and logo, are owned by Joshua Hart / Hartistic LLC and are protected by copyright, trademark, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the App except for a limited, non-exclusive, non-transferable, revocable license to use the App in accordance with these Terms.

10. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to Arbitrate

You and the Developer agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, or your use of the App ("Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify.

Class Action Waiver

YOU AND THE DEVELOPER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR HIS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

Waiver of Jury Trial

YOU AND THE DEVELOPER HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE APP.

Pre-Arbitration Dispute Resolution

Before filing any arbitration, you must send a written dispute notice to [email protected] describing the nature of the dispute and your requested relief. The parties shall attempt to resolve the dispute informally for at least sixty (60) days before initiating arbitration.

Arbitration Rules and Fees

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in English in your county of residence or by video conference. For claims under $10,000, the Developer will pay all AAA filing and arbitration fees. The arbitrator's decision will be final and binding.

Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms. If you opt out, you and the Developer may still resolve Disputes in court, but the jury trial waiver will still apply to the maximum extent permitted by law.

11. Third-Party Services

The App is distributed through Apple's App Store. Your use of the App is also subject to Apple's Licensed Application End User License Agreement. In the event of a conflict between these Terms and Apple's Standard EULA, these Terms shall govern to the extent of the conflict.

12. Privacy

Your privacy is important. Please review our Privacy Policy, which explains how the App handles (and does not collect) your information. The Privacy Policy is incorporated into and made a part of these Terms.

13. Changes to These Terms

The Developer reserves the right to modify these Terms at any time. Changes will be posted on this page with a revised "last updated" date. Material changes will be presented in-app for your acceptance. If the Developer makes material changes to the arbitration or class action waiver provisions, you will have thirty (30) days from the date of posting to opt out of the revised provisions.

14. Termination

The Developer may terminate or suspend your access to the App at any time, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App ceases immediately. Sections 4, 5, 6, 9, and 10 survive termination.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Florida, without regard to conflict of law principles.

16. Severability

If any provision of these Terms is found to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. If the class action waiver in Section 10 is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void, but the remaining Terms shall continue to apply.

17. Entire Agreement

These Terms, together with the Privacy Policy and Apple's Standard EULA, constitute the entire agreement between you and the Developer regarding the App.

18. Contact

If you have questions about these Terms, contact us at [email protected].

© 2026 Joshua Hart / Hartistic LLC