Aha! Terms of Service & End User License Agreement

Effective Date: October 8, 2026
Last Updated: October 8, 2026

Operator: Onda Development, LLC, doing business as Aha!
Location: Phoenix, Arizona, United States
Contact: hi@theaha.app
Website: https://theaha.app

1. Acceptance of Terms

Welcome to Aha! (“Aha!,” “we,” “us,” or “our”), a real-world discovery, education, and location-intelligence platform operated by Onda Development, LLC, an Arizona-governed business operating under the Aha! brand.

These Terms of Service and End User License Agreement (“Terms”) constitute a binding agreement between you and Onda Development, LLC concerning your access to and use of Aha!'s websites, mobile applications, software, artificial intelligence features, discovery experiences, educational content, community features, partner portals, APIs, and related products and services (collectively, the “Services”).

By creating an account, accepting these Terms, or accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree, do not use the Services.

If you use Aha! on behalf of a business, school, destination marketing organization, park, government agency, nonprofit, or other entity, you represent that you are authorized to bind that entity to these Terms.

Additional agreements may govern specific subscriptions, enterprise services, partner programs, commercial data licensing, fundraising arrangements, or other offerings. Where an authorized written agreement expressly conflicts with these Terms, that agreement controls for the subject matter it addresses.

2. Description of Services

Aha! is a discovery and learning platform designed to help people identify, understand, explore, and remember the physical world.

Depending on availability, features may include:

Camera-based identification of objects, landmarks, plants, animals, structures, and other subjects.
AI-generated explanations, educational lessons, and quizzes.
Location-based discovery and exploration.
Topic-based discovery.
Personal discovery histories, collections, and saved experiences.
Educational activities and family-oriented features.
Public and private sharing of discoveries.
Destination, attraction, park, and business listings.
QR-enabled discovery experiences.
Downloadable or offline discovery content.
Partner portals, analytics, and knowledge-management tools.
Publicly accessible destination knowledge and related APIs.
Licensed intelligence and enterprise services.
Subscription and partner programs.

Features may vary by platform, geographic location, age, subscription, device, permissions, and availability.

We may add, modify, suspend, or discontinue features, subject to applicable law and any express contractual commitments.

3. Eligibility and Age Requirements

You must be legally capable of entering into these Terms or have the permission and supervision of a parent or legal guardian as required by applicable law.

Aha! may provide family-oriented and child-friendly learning experiences.

Children under 13 may use features intended for them only through a parent- or guardian-authorized experience and subject to the protections, restrictions, and consent mechanisms required by applicable law.

Children under 13 may not independently create a standard adult account, enter into paid subscriptions, or access unrestricted public sharing or community features.

Parents and guardians are responsible for supervising children's use of the Services, evaluating the suitability of content, and managing applicable permissions.

Where applicable, we will obtain verifiable parental consent before collecting personal information from children when legally required.

Teenage users may be subject to additional safety and privacy protections.

We reserve the right to restrict access to features based on age, safety considerations, legal requirements, or applicable platform policies.

4. Accounts and Account Security

Certain features require an account.

You agree to provide accurate information, maintain the confidentiality of your credentials, and promptly notify us of suspected unauthorized account access.

You are responsible for activities conducted through your account except to the extent resulting from our breach of applicable obligations or otherwise prohibited by law.

You may not impersonate another person, create accounts using false identities, circumvent account restrictions, or access another user's account without authorization.

We may implement authentication, verification, account recovery, fraud prevention, and other security measures.

5. Account Deletion

You may request deletion of your Aha! account through the account-deletion functionality provided in the app or by contacting hi@theaha.app.

We will also provide an externally accessible account-deletion request mechanism through our website where required by applicable app-store policies.

Account deletion generally terminates access to your account and initiates deletion of associated personal information, subject to applicable legal obligations, legitimate retention requirements, and the disclosures in our Privacy Policy.

Certain information may be retained where reasonably necessary for legal compliance, transaction records, fraud prevention, security, dispute resolution, or other lawful purposes.

Deletion of your Aha! account does not necessarily cancel a subscription billed by Apple or Google. You must separately cancel the subscription through the applicable platform.

For privacy and account-deletion inquiries, contact hi@theaha.app.

6. License to Use Aha!

Subject to your compliance with these Terms, Aha! grants you a limited, personal, revocable, nonexclusive, nontransferable, nonsublicensable license to download, install, access, and use the Services for their intended purposes.

For applications downloaded from Apple's App Store, this license is limited to use on Apple-branded products that you own or control, as permitted by the applicable Apple Media Services Usage Rules, including permitted Family Sharing or volume purchasing arrangements.

The Services are licensed, not sold.

Except as permitted by law or expressly authorized by us, you may not:

Copy, redistribute, sublicense, sell, lease, or commercially exploit the software.
Reverse engineer, decompile, or disassemble the software.
Circumvent security measures, subscription restrictions, or technical protections.
Use automated systems to extract protected data without authorization.
Interfere with the operation or security of the Services.
Use the Services in violation of applicable laws or third-party rights.

All rights not expressly granted remain reserved.

7. Artificial Intelligence and Educational Content

Aha! uses artificial intelligence, machine learning, computer vision, and other technologies to generate or assist with identifications, explanations, lessons, quizzes, recommendations, and other content.

AI-generated outputs may be inaccurate, incomplete, outdated, misleading, or inappropriate for a particular context.

Aha! does not guarantee that any identification, explanation, historical account, geographic description, educational statement, or recommendation is correct.

You should independently verify important information using reliable sources.

AI-generated content is provided for general informational and educational purposes and should not be treated as professional advice.

Aha! is not a substitute for qualified medical, legal, financial, engineering, scientific, wildlife, emergency-response, or other professional guidance.

We may use automated and human-assisted processes to evaluate, improve, moderate, and correct content, subject to our Privacy Policy and applicable data rights.

8. Outdoor Safety, Wildlife, Travel, and Location-Based Use

Aha! may encourage exploration of parks, trails, cities, natural environments, historic sites, and other physical locations.

You are solely responsible for evaluating your surroundings and exercising appropriate care.

You agree not to use the Services in a manner that distracts you while driving, cycling, operating machinery, crossing streets, or engaging in activities requiring attention.

You must obey applicable laws, posted signs, property restrictions, park regulations, trail closures, permit requirements, and instructions from authorized personnel.

Aha! does not guarantee that any location is accessible, safe, open, publicly owned, or suitable for visitation.

Location information, maps, routes, geographic coordinates, trail information, operating hours, weather-related content, and other location-based information may be inaccurate or outdated.

Do not rely on Aha! for navigation in hazardous environments, emergency communications, survival decisions, or real-time safety alerts.

Do not approach, feed, disturb, capture, or otherwise interfere with wildlife based on information provided by Aha!.

Do not enter restricted, private, dangerous, or environmentally sensitive locations without appropriate authorization.

Aha! is not responsible for conditions at third-party locations or for acts or omissions of park operators, property owners, businesses, or other third parties, except as required by law.

9. Free and Paid Plans

Aha! may offer free and paid subscription plans, including plans marketed as Explorer and Explorer+ or under other names.

Subscription features, prices, usage allowances, limits, and billing periods are described in the applicable purchase interface.

Plan names, pricing, and features may change for future purchases or renewals, subject to applicable law, platform rules, and required notice.

Free plans may have limits on AI discoveries, captures, lessons, history, offline content, or other features.

Paid subscriptions may provide increased usage allowances or additional functionality.

Unless expressly stated otherwise, unused periodic discovery allowances do not accumulate or carry forward into subsequent billing periods.

Subscription benefits are provided only while the applicable subscription is active and in good standing.

We do not guarantee that any particular feature will remain available indefinitely.

10. Automatic Renewal, Billing, and Cancellation

IMPORTANT: PAID SUBSCRIPTIONS MAY AUTOMATICALLY RENEW.

Before purchase, the applicable checkout screen will disclose the subscription price, billing period, renewal terms, and material subscription conditions.

Unless otherwise stated, subscriptions automatically renew for successive billing periods until canceled.

For subscriptions purchased through Apple's App Store, billing, cancellation, and applicable refunds are administered through Apple.

You can manage or cancel an Apple subscription through your Apple account subscription settings.

For subscriptions purchased through Google Play, billing, cancellation, and applicable refunds are administered through Google Play.

You can manage or cancel a Google Play subscription through your Google Play subscription settings.

For subscriptions purchased directly from Aha!, cancellation instructions will be provided in the applicable account or billing interface or may be requested through hi@theaha.app.

Cancellation generally prevents future renewal charges but does not automatically entitle you to a refund for the current billing period, except where required by law or applicable platform policy.

Deleting the app or your Aha! account does not automatically cancel an Apple- or Google-managed subscription.

Any free trial or promotional offer is subject to the terms disclosed when the offer is presented. If a trial converts to a paid subscription, the conversion date, price, and cancellation requirements will be disclosed before enrollment.

We will not impose undisclosed subscription charges.

11. Refunds

Refunds for subscriptions purchased through Apple are governed by Apple's applicable refund procedures and policies.

Refunds for subscriptions purchased through Google Play are governed by Google Play's applicable refund procedures and policies.

For purchases made directly through Aha!, refund eligibility is determined by the applicable purchase terms and mandatory consumer protection laws.

Nothing in these Terms limits statutory refund rights.

For assistance, contact hi@theaha.app.

12. User-Generated Content

Aha! may allow users to create, upload, capture, submit, publish, or share photographs, videos, descriptions, comments, discoveries, collections, questions, corrections, reviews, or other materials (“User Content”).

You retain ownership of the User Content you own.

You grant Aha! a nonexclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt, display, transmit, and distribute your User Content as reasonably necessary to operate and provide the Services, according to your selected sharing settings and our Privacy Policy.

For User Content you deliberately make public, this license includes displaying and distributing that content through public-facing Aha! features and enabling other users to interact with it as those features permit.

You represent that you own or have the necessary permissions to submit the content and authorize the uses described in these Terms.

You may not upload material that violates intellectual property, privacy, publicity, confidentiality, or other legal rights.

Submitting User Content does not, by itself, authorize Aha! to sell your private photographs, personal discoveries, or identifiable personal information as a commercial dataset.

Any use of User Content for AI model training or other materially distinct purposes is governed by applicable disclosures, permissions, settings, and law.

You acknowledge that deleting publicly shared content may not remove copies previously accessed or lawfully retained by others.

13. Community Standards and Prohibited Content

Aha! is intended to support curiosity, education, respectful discovery, and constructive participation.

You may not create, upload, share, request, or distribute content that:

Sexually exploits or endangers children.
Contains child sexual abuse material.
Promotes terrorism, violent extremism, or criminal activity.
Makes credible threats of violence.
Encourages self-harm or dangerous conduct.
Harasses, bullies, stalks, intimidates, or targets individuals.
Contains hateful abuse or unlawful discrimination.
Includes sexually explicit or otherwise prohibited material.
Violates another person's privacy or exposes sensitive personal information without authorization.
Infringes intellectual property rights.
Promotes fraud, impersonation, or deception.
Provides instructions intended to facilitate serious harm or unlawful acts.
Reveals protected cultural knowledge, sensitive archaeological locations, endangered species locations, or restricted information without authorization.
Contains malware, malicious links, spam, or other abusive material.

We may remove or restrict content, limit visibility, suspend accounts, terminate access, or report suspected unlawful conduct to appropriate authorities where legally required or otherwise permitted.

14. Reporting, Blocking, and Moderation

Where Aha! provides public sharing, community interactions, or other user-generated content features, users may report objectionable content or abusive conduct through available in-app reporting tools or by emailing hi@theaha.app.

Where user-to-user interaction is supported, applicable blocking and safety controls will be made available.

We may use automated detection, human review, and other moderation methods.

We reserve the right to investigate reports and take proportionate action, including removing content, restricting features, suspending accounts, or terminating access.

We do not guarantee that all objectionable content will be identified or removed immediately.

Reports involving child safety, credible threats, or other serious risks may receive expedited handling and referral to appropriate authorities.

We may provide appeal or review mechanisms where required by law or platform policy.

15. Privacy, Cameras, Microphones, and Location Data

Use of Aha! may involve access to device cameras, photo libraries, microphones, location services, notifications, or local storage.

These permissions are requested through applicable device or operating-system controls where required.

You may decline or revoke optional permissions, although doing so may limit certain features.

Our Privacy Policy describes the personal information we collect, how it is used, when it is shared, applicable retention practices, and available privacy rights.

Location-based discovery may involve processing approximate or precise location information depending on the features used and permissions granted.

We do not grant third parties unrestricted access to personal location histories through these Terms.

Commercial intelligence products must comply with applicable privacy laws and any relevant user permissions.

Our Privacy Policy is incorporated by reference into these Terms.

16. Public Destination Listings and Authority Corpus

Aha! may operate a publicly accessible collection of destination, park, attraction, business, geographic, educational, and other place-related information (the “Authority Corpus”).

Public listings may contain information obtained from public sources, authorized contributors, partner organizations, and Aha!'s own research and processing.

Listings may include descriptions, geographic information, attractions, historical context, discovery subjects, relationships, educational content, and other information.

Aha! does not guarantee that every public listing is complete, accurate, current, endorsed, or verified by the relevant destination or organization.

Inclusion in the Authority Corpus does not imply a commercial partnership, government affiliation, sponsorship, or endorsement.

Authorized representatives may be offered tools to claim listings, suggest corrections, verify information, or manage permitted listing attributes.

Claiming a listing does not confer ownership over Aha!'s software, database structure, independently developed content, or third-party material.

Aha! may publish, update, correct, or remove public listings consistent with applicable rights and law.

17. Partner Knowledge Hub and Institutional Content

Aha! may provide a Knowledge Hub through which authorized organizations contribute institutional information, including documents, visitor guides, interpretive materials, GIS, maps, photographs, videos, research, FAQs, and other data (“Partner Content”).

Organizations retain their ownership interests in Partner Content, subject to the rights of other applicable owners and licensors.

Submitting Partner Content does not automatically transfer ownership to Aha!.

Organizations represent that they possess the rights and authority necessary to contribute their materials and grant the permissions they select.

Aha! may process authorized Partner Content to extract, organize, classify, index, and associate information with destinations, places, subjects, and related knowledge objects.

The use of Partner Content is subject to applicable partner agreements, source-specific rights, organizational permissions, publication settings, and legal restrictions.

Uploading a private source does not automatically authorize publication of the source, redistribution of its raw contents, commercial licensing, or AI model training.

Partner Content may be subject to additional confidentiality, data-processing, security, and licensing agreements.

18. Publication Rights

Aha! distinguishes among private use, authorized service use, public publication, public API distribution, commercial licensing, raw-content redistribution, media reuse, and model-training permissions.

These rights are independent.

An organization may authorize selected knowledge derived from a private source to appear on a public Aha! page without authorizing publication or redistribution of the original document.

Similarly, permission to publish information on a public webpage does not automatically authorize commercial licensing, model training, or redistribution of original files.

Publication permissions may be subject to review, approval, geographic restrictions, expiration, revocation, attribution requirements, and applicable license conditions.

Aha! will apply the relevant permissions and restrictions to its use of Partner Content.

Where information combines multiple sources, Aha! may limit publication or licensing based on the applicable rights and provenance.

Publicly accessible information is not automatically treated as freely licensed for all uses.

19. Aha! Intelligence Network and Commercial Data Licensing

Aha! may develop and offer commercial intelligence products based on eligible, authorized information, including destination intelligence, structured place data, educational context, geographic relationships, discovery information, APIs, datasets, and other services.

Commercial use of Partner Content requires the applicable permissions and any additional agreements required for that use.

Participation in an Aha! commercial intelligence program is voluntary unless otherwise expressly agreed in a separate authorized contract.

Permission to contribute knowledge for use within Aha! does not automatically authorize external commercial licensing.

Commercial participation does not automatically authorize redistribution of raw source files, personal information, restricted cultural material, or content subject to incompatible third-party licenses.

Aha! may maintain attribution, provenance, rights, and usage records for eligible knowledge.

Revenue Participation

Certain participating organizations may become eligible to receive a share of revenue generated by specified commercial intelligence products.

Any revenue participation must be governed by a separate written agreement or published program terms accepted by the participating organization.

Those terms will define, as applicable:

Eligible revenue and permitted deductions.
Revenue-sharing percentages or allocation methods.
Qualifying knowledge and usage.
Attribution and contribution methodologies.
Reporting and payment procedures.
Minimum payment thresholds.
Tax documentation and withholding.
Adjustments, reversals, and disputes.
Termination and post-termination treatment.

No revenue, minimum payment, return, or commercial demand is guaranteed.

Unless a separate binding agreement expressly provides otherwise, these Terms alone do not establish a right to royalties, revenue sharing, compensation, or payment for submitted information.

20. Partner Organizations, Parks, and Government Entities

Organizations using Aha! are responsible for the accuracy of information they submit, their authority to participate, and compliance with applicable procurement, public-records, intellectual property, accessibility, and other legal obligations.

Aha! does not claim affiliation with or endorsement by the National Park Service, any government agency, destination marketing organization, park authority, or other institution solely because that institution or its locations appear in the Services.

Government seals, trademarks, official insignia, and restricted materials may be used only where authorized.

Nothing in these Terms is intended to waive governmental immunity, statutory protections, public-records obligations, or other rights that cannot lawfully be waived.

Public agencies may require separate agreements before contributing restricted information or participating in commercial licensing.

21. Business, Destination, and Partner Subscriptions

Aha! may offer subscription services to businesses, Chambers of Commerce, destination marketing organizations, parks, schools, nonprofit organizations, and other institutional partners.

Such services may include discovery points, QR codes, destination pages, analytics, administrative tools, knowledge management, or related functionality.

Pricing, billing, renewal, usage limits, commissions, and service levels are governed by the applicable order, checkout disclosures, or separate partner agreement.

Unless expressly stated in a binding agreement, partner subscriptions do not guarantee visitor traffic, sales, revenue, search-engine rankings, AI citations, customer acquisition, or other commercial results.

Partners are responsible for obtaining permission before placing QR codes, signage, or promotional materials on third-party property.

22. Referral, Fundraising, and Commission Programs

Aha! may operate referral, affiliate, fundraising, or revenue-sharing programs involving eligible schools, sports teams, community organizations, military spouse groups, businesses, or other partners.

Participation is subject to separate program terms or agreements defining eligibility, attribution, qualifying transactions, payment calculations, reporting, tax responsibilities, and other requirements.

No commission or fundraising payment is earned merely by registering unless expressly provided in the applicable program.

Organizations must comply with applicable fundraising, charitable solicitation, advertising, endorsement, tax, and consumer protection laws.

Participation does not imply endorsement by any school district, government agency, military branch, installation, or other institution.

Children may not be required to solicit purchases or provide personal information as a condition of educational participation.

23. Intellectual Property

Aha!, its name, logos, branding, software, interfaces, databases, original content, visual designs, and related intellectual property are owned by Onda Development, LLC or its licensors.

These Terms do not grant ownership rights in Aha!'s intellectual property.

Third-party trademarks, photographs, maps, documents, and other materials remain the property of their respective owners.

Users and partners retain applicable ownership rights in their own content.

No party may use another party's trademarks or protected materials beyond the permissions granted by the applicable owner.

24. Copyright Complaints

We respect intellectual property rights.

If you believe material available through Aha! infringes your copyright, send a notice to hi@theaha.app containing:

Your name and contact information.
Identification of the copyrighted work.
Identification and location of the allegedly infringing material.
A statement of your good-faith belief that the use is unauthorized.
A statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the rights holder.
Your physical or electronic signature.

We may remove or disable access to disputed material and take action against repeat infringers in accordance with applicable law.

Counter-notifications may be submitted as permitted by law.

Any formal DMCA designated-agent requirements must be satisfied separately.

25. Third-Party Services and Content

Aha! may integrate with third-party services, including payment processors, application marketplaces, mapping providers, cloud infrastructure, AI services, content providers, and analytics services.

Third-party services may be governed by their own terms and privacy policies.

Aha! is not responsible for independent third-party services or content except as required by law or expressly agreed.

Links to external websites do not imply endorsement.

26. Offline Content and Park Packs

Aha! may offer downloadable content or offline discovery experiences.

Offline availability may be limited by device compatibility, storage capacity, licensing, subscription status, geographic coverage, and technical constraints.

Offline information may become outdated.

Offline features are not substitutes for official park maps, emergency information, current closures, permits, safety guidance, or professional navigation tools.

We may update, replace, or remove downloadable content where necessary for accuracy, security, rights compliance, or other legitimate reasons.

27. Acceptable Use and Automated Access

You agree not to:

Scrape, harvest, or bulk-download protected Aha! content without authorization.
Circumvent API rate limits, subscription controls, or access restrictions.
Extract proprietary datasets for unauthorized redistribution.
Misrepresent the origin, authority, or verification of Aha! content.
Interfere with the Services or attempt unauthorized access.
Use bots or automation to create fraudulent activity or manipulate analytics.
Upload malicious code or content designed to compromise AI systems.
Use Aha! to violate applicable privacy, intellectual property, or other laws.

Publicly accessible pages may be accessed in accordance with applicable law and published technical access rules.

Commercial or automated access to restricted APIs or datasets may require a separate license.

Nothing in this section restricts rights that cannot lawfully be waived.

28. Feedback and Suggestions

If you voluntarily submit feedback, ideas, suggestions, or feature requests, you grant Aha! a nonexclusive, worldwide, perpetual, irrevocable, royalty-free right to use that feedback for product development and business purposes without compensation.

This provision does not transfer ownership of confidential Partner Content or override a separate confidentiality agreement.

29. Service Availability and Changes

We strive to maintain reliable Services but do not guarantee uninterrupted availability.

Features may be temporarily unavailable because of maintenance, outages, network failures, third-party dependencies, or other circumstances.

We may make changes reasonably necessary for security, compliance, product development, or operational purposes.

Material changes affecting paid subscriptions will be handled in accordance with applicable laws, platform requirements, and contractual commitments.

30. Suspension and Termination

We may suspend, restrict, or terminate access when reasonably necessary to address:

Material violations of these Terms.
Fraud or unauthorized access.
Security threats.
Illegal activity.
Serious safety risks.
Repeated intellectual property infringement.
Other legitimate grounds permitted by law.

Where appropriate and legally required, we may provide notice or an opportunity to remedy a violation.

You may stop using the Services at any time.

Termination does not automatically cancel third-party-managed subscriptions.

Provisions that by their nature should survive termination, including applicable payment obligations, intellectual property protections, liability limitations, dispute resolution provisions, and authorized data-retention obligations, will survive to the extent legally enforceable.

31. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

AHA! DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT TO THE EXTENT SUCH DISCLAIMERS ARE PERMITTED BY LAW.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR FREE FROM INACCURACIES.

WE DO NOT GUARANTEE THE ACCURACY OF AI-GENERATED CONTENT, OBJECT IDENTIFICATION, GEOGRAPHIC INFORMATION, WILDLIFE IDENTIFICATION, EDUCATIONAL MATERIALS, OR THIRD-PARTY DATA.

NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR CONSUMER RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

32. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONDA DEVELOPMENT, LLC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM THE SERVICES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID DIRECTLY TO AHA! FOR THE SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(B) ONE HUNDRED U.S. DOLLARS ($100).

THIS LIMITATION DOES NOT APPLY WHERE PROHIBITED BY LAW OR TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED, INCLUDING APPLICABLE LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR PERSONAL INJURY.

CERTAIN JURISDICTIONS DO NOT ALLOW PARTICULAR LIMITATIONS OR EXCLUSIONS, SO SOME OF THESE PROVISIONS MAY NOT APPLY TO YOU.

33. Indemnification

To the extent permitted by law, if you use the Services on behalf of a business or organization, that organization agrees to defend, indemnify, and hold harmless Onda Development, LLC and its affiliates against third-party claims, damages, liabilities, and reasonable expenses arising from:

The organization's material violation of these Terms.
Partner Content submitted without necessary rights.
The organization's unlawful use of the Services.
The organization's infringement of third-party intellectual property or privacy rights.

This obligation does not apply to the extent a claim results from Aha!'s own wrongful conduct.

Individual consumers are responsible for their unlawful conduct and material breaches to the extent permitted by applicable law, but are not subject to the organizational defense obligation above.

34. Governing Law and Disputes

These Terms are governed by the laws of the State of Arizona, United States, without regard to conflict-of-laws principles, except where mandatory consumer protection laws require otherwise.

Before initiating formal proceedings, you and Aha! agree to make a good-faith effort to resolve disputes informally.

You may submit a written dispute notice to hi@theaha.app describing the issue and requested resolution.

Unless prohibited by applicable law, either party may pursue available remedies if the dispute is not resolved within 30 days after receipt of the notice.

Subject to applicable law and any separate enforceable dispute-resolution agreement, disputes will be brought in courts of competent jurisdiction located in Maricopa County, Arizona.

Nothing in this section deprives consumers of mandatory rights or protections under the laws of their place of residence.

These Terms do not impose mandatory arbitration or waive class-action rights.

35. Changes to These Terms

We may update these Terms to reflect changes in our Services, business practices, legal obligations, or platform requirements.

The current version will be available at https://theaha.app/terms.

We will update the effective or last-updated date when changes are made.

Where required by law, we will provide advance notice or obtain additional consent before material changes become effective.

Continued use after legally effective changes constitutes acceptance to the extent permitted by law.

If you do not agree to updated Terms, you may discontinue use of the Services.

36. Apple App Store — Additional Terms

The following provisions apply when you download or access Aha! through Apple's App Store.

Acknowledgment. These Terms are between you and Onda Development, LLC, not Apple Inc. Aha!, not Apple, is solely responsible for the application and its content.

License. The license is limited to a nontransferable license to use the application on Apple-branded products you own or control, in accordance with Apple's applicable Usage Rules, including authorized Family Sharing or volume purchasing.

Maintenance and Support. Onda Development, LLC is solely responsible for providing maintenance and support services for the application to the extent required by applicable law or these Terms. Apple has no obligation to provide maintenance or support.

Warranty. To the extent any applicable warranty cannot lawfully be disclaimed, Onda Development, LLC is responsible for that warranty. If the application fails to conform to an applicable warranty, you may notify Apple, and Apple may refund the purchase price, if any, in accordance with Apple's applicable terms. To the maximum extent permitted by law, Apple has no other warranty obligation regarding the application.

Product Claims. Onda Development, LLC, not Apple, is responsible for addressing claims concerning the application, including product liability, legal or regulatory compliance, and consumer protection claims.

Intellectual Property Claims. In the event of a third-party claim that the application infringes intellectual property rights, Onda Development, LLC, not Apple, is responsible for investigating, defending, settling, or discharging the claim to the extent required by law.

Legal Compliance. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a terrorism-supporting country, and that you are not listed on any U.S. government list of prohibited or restricted parties, to the extent applicable under current law.

Third-Party Agreements. You must comply with applicable third-party agreements when using the application.

Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms with respect to the Apple-distributed application. Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.

Developer Contact.

Onda Development, LLC d/b/a Aha!
Phoenix, Arizona, United States
hi@theaha.app

37. Google Play — Additional Terms

The following provisions apply when you download or access Aha! through Google Play.

These Terms are between you and Onda Development, LLC, not Google LLC.

Google is not responsible for Aha!'s content, customer support, maintenance, or operation except as expressly provided in Google's applicable terms or required by law.

Purchases and subscriptions processed through Google Play are subject to applicable Google Play billing, cancellation, and refund policies.

You must comply with applicable Google Play terms when using the Android application.

Nothing in these Terms limits mandatory consumer rights or rights provided by applicable Google Play policies.

38. International Use and Export Compliance

Aha! is operated from the United States and may be available in other jurisdictions.

You are responsible for complying with laws applicable to your use of the Services.

You may not use, export, or re-export the Services in violation of applicable U.S. export controls, sanctions, or other applicable laws.

Where mandatory local consumer, privacy, or digital-services laws provide protections inconsistent with these Terms, those protections prevail.

39. Severability, Waiver, and Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions will remain effective to the extent permitted by law.

Failure to enforce a provision does not constitute a waiver.

These Terms, together with the Privacy Policy and any applicable accepted supplemental terms or authorized written agreements, constitute the agreement governing the relevant Services.

No provision creates an employment, partnership, joint venture, fiduciary, or agency relationship unless expressly established in a separate written agreement.

40. Contact Information

For questions about these Terms, subscriptions, account deletion, privacy, intellectual property, partner programs, or other legal matters, contact:

Onda Development, LLC d/b/a Aha!

Phoenix, Arizona
United States

Email: hi@theaha.app

Website: https://theaha.app

Terms: https://theaha.app/terms