Terms of Use

The Gnome mobile application (the “App”) is made available to you by Lex Friedman Consulting, LLC (“Gnome,” “We”) subject to these Terms of Use, including those set forth in the Privacy Policy (the “Terms”). By accessing, using, or downloading any materials from the App, you agree to follow and be bound by the Terms, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms at any time here. We and third-party providers may make improvements and/or changes in the App and in any features, programs, and prices associated with it at any time without notice. The App is not intended for and is not designed to attract children under 13 years of age. If you do not agree with the Terms, please do not use the App. BY CONTINUING TO USE THE APP, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS AND ALL REVISIONS THEREOF.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the App or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the App or any portion thereof.

No Account, No Uploads

Gnome does not require you to register an account or provide any personal information in order to use the App. The App does not provide any mechanism for you to upload, post, transmit, or otherwise make content available to us or to other users — there is no shared service to upload anything to. See the Privacy Policy for full details on how the App handles information.

Anonymous Telemetry

The App may send anonymous, non-identifying telemetry data back to our server to help us understand which features are being used. This data is not linked to you, your device, or any identifier that could be used to recognize you. You may opt out of telemetry at any time within the App's settings, and we will respect that choice.

Third-Party Services

The App searches for and retrieves animated GIFs by querying Klipy, a third-party GIF service. Your use of GIFs returned by Klipy is subject to Klipy’s own terms and policies, and your dealings with Klipy are solely between you and Klipy. We do not control, endorse, or accept responsibility for content returned by Klipy or any other third-party service the App may interact with.

Acceptable Use

You agree to use the App only for lawful, personal, noncommercial purposes. You agree not to: (a) use the App in any manner that violates applicable local, state, national, or international law; (b) attempt to reverse-engineer, decompile, disassemble, or otherwise derive the source code of the App, except to the extent expressly permitted by applicable law; (c) interfere with or disrupt the App or the operation of any third-party service the App relies upon (including Klipy), or attempt to circumvent any rate limits, usage limits, or other restrictions imposed by those services; (d) use the App to harass, abuse, or harm another person, or to access, retrieve, or distribute content in violation of any applicable law; or (e) use any automated means (including scripts, crawlers, bots, or scrapers) to access the App or the third-party services it uses, or to forge or manipulate identifiers to disguise the origin of any access.

The App is for your personal and noncommercial use. You may not modify, copy, distribute, sell, or create derivative works from any portion of the App.

Proprietary Rights

You acknowledge and agree that the App and any necessary software used in connection with the App (if any) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly permitted by applicable law or authorized by us or applicable third-party service providers, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App, the software, or content available on the App (other than content that you may submit), in whole or in part.

We grant you a personal, non-transferable, and non-exclusive right and license to access and use the App, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse-engineer, reverse-assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the App. You agree not to access the App by any means other than through the interface that is provided by us for use in accessing the App.

The term Gnome; the Gnome logo; and other Lex Friedman Consulting, LLC logos and product and service names are the exclusive trademarks of, and are owned by, Lex Friedman Consulting, LLC, and you may not use or display such trademarks in any manner without our prior written permission. Any third-party trademarks or service marks displayed on the App are the property of their respective owners.

We reserve all rights not expressly granted hereunder.

Disclaimer of Warranties and Liability

THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT AVAILABLE IN THE APP ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. LEX FRIEDMAN CONSULTING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. LEX FRIEDMAN CONSULTING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (e) ANY ERRORS IN THE APP WILL BE CORRECTED.

YOU EXPRESSLY AGREE TO RELEASE LEX FRIEDMAN CONSULTING, LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS, AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY CONNECTED WITH YOUR ACTIVITIES, AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH YOUR ACTIVITIES. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE APP, (b) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS AVAILABLE THROUGH THE APP, (c) ANY DELAY OR INABILITY TO USE THE APP EXPERIENCED BY YOU, OR (d) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR CONTENT OBTAINED THROUGH THE APP, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LEX FRIEDMAN CONSULTING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the App, your violation of the Terms, or your violation of any rights of another person or entity.

Termination

You agree that we may, under certain circumstances and without prior notice, immediately terminate your access to the App. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the App (or any portion thereof), or (d) unexpected technical or security issues or problems. Further, you agree that all terminations for cause shall be made in our sole discretion, and that we shall not be liable to you or any third party for any termination of your access to the App.

Applicable Laws

This App is controlled by Lex Friedman Consulting, LLC from its offices within the United States of America. We make no representation that the content in the App or the App itself is appropriate or available for use in other locations, and access to it from territories where its content or use is illegal is prohibited. Those who choose to access this App from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any action related to the App, the content, or the Terms shall be governed by New York law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Westchester County, New York for any legal proceedings related to the App or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the App or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Lex Friedman Consulting, LLC as a result of the Terms or your use of the App. The Terms constitute the entire agreement between you and Lex Friedman Consulting, LLC with respect to your use of the App. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate, or otherwise transfer your obligations under these Terms without the prior written consent of us. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms and in connection with the App. Our notice to you via email, regular mail, or notices or links on the App shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.

Contact

Questions about these Terms? Email lex@lexfriedman.com or use our support form.