Terms of Use

Important notice. These Terms contain a binding arbitration clause and a class-action waiver (see § 15). By using VFL Toolkit, you agree to resolve most disputes through individual arbitration rather than court proceedings, and you waive the right to participate in a class action. You may opt out of arbitration within 30 days of first using the App — see § 15.7.

Plain-English summary.

VFL Toolkit is a professional productivity tool for Virginia-licensed attorneys, paralegals, and legal support staff. It is not legal advice software, and it does not create an attorney-client relationship with you or your clients. You remain fully responsible for the work you produce using the App. These Terms are a binding legal agreement between you and Burroughs Law Office, P.C.

§ 1 Introduction and Acceptance

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and Lawren D. Burroughs and Burroughs Law Office, P.C. ("Developer," "we," "us," or "our"). These Terms govern your access to and use of the VFL Toolkit application and all related services, content, and documentation (collectively, the "App").

By downloading, installing, accessing, or using the App on any device, you affirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you are not permitted to download, install, access, or use the App.

If you are using the App on behalf of a law firm, corporation, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in such case, the terms "you" and "User" shall refer to such entity.

Your continued use of the App following any modification to these Terms constitutes your acceptance of the revised Terms.

§ 2 Description of the App

VFL Toolkit is a professional productivity tool designed to assist Virginia-licensed attorneys, paralegals, and legal support staff practicing in the area of family law. The App provides a range of features, which may include:

• Statutory guideline calculators (e.g., child support, spousal support, military pay, income imputation, retroactive arrears);
• Pretrial order deadline management for various Virginia courts;
• Equitable distribution analysis tools, including for Brandenburg classification and asset allocation;
• Trial preparation resources, such as objection drills and spaced-repetition review;
• Client intake forms, including optional encrypted file generation;
• Case and matter management functions;
• Court document generation with Virginia-specific formatting, including signature blocks and Personally Identifiable Information (PII) redaction assistance;
• Template creation tools that can help map attorney-highlighted Word document fields to existing matter-dashboard, intake, calculator, worksheet, or custom merge fields for attorney review;
• Optional on-device AI features (Apple Intelligence) for clause drafting, template-field mapping, and reference suggestions, which run entirely on your Device and do not transmit matter data to the Developer, Apple, or any third party; and
• Attorney reference resources.

The App's features and content are designed to assist practitioners with Virginia-specific legal tasks. However, the Developer does not warrant or represent that any content, calculation, deadline, or form is current, complete, or accurate for any particular matter. The App is provided for informational and drafting-support purposes only.

The App is available on compatible Apple devices, including iPhone and iPad running iOS 26 or later, and Mac computers running macOS 26 Tahoe or later. A separate Windows application, with its own platform-specific terms and billing, is in development. Functionality may vary across devices and platforms.

§ 3 Eligibility

The App is intended for professional use only. To use the App, you must be at least eighteen (18) years of age and meet one of the following criteria:

• A licensed attorney in good standing in the Commonwealth of Virginia; or
• A paralegal, legal assistant, or other support staff member directly supervised by a licensed Virginia attorney.

By using the App, you represent and warrant that you meet these eligibility requirements. Use of the App by the general public or for any non-professional purpose is strictly prohibited and constitutes a violation of these Terms. If you are a supervising attorney, you are responsible for ensuring that any staff under your supervision using the App comply with these Terms.

§ 4 Subscription and Payment

4.1 Subscription Tiers

The App offers paid subscription tiers purchased through the Apple App Store or available during an active introductory trial. GAL Toolkit covers court-appointed Guardian Ad Litem matters, GAL resources, related legal references, app settings, security, support, and Dropbox sync for GAL work. VFL Toolkit Complete covers the full Virginia family law toolkit, including non-GAL matters, calculators, worksheets, trial drills, document-template tools, and broader resources. Available Subscription plans and pricing are displayed within the App and on its App Store product page at the time of purchase.

4.2 Introductory Trial

We may offer a 7-day StoreKit introductory trial for certain Subscription plans. A StoreKit introductory trial starts a Subscription and unlocks the selected subscription tier during the trial period. If you do not cancel the Subscription before the trial period ends, it will automatically convert to a paid Subscription, and your Apple ID account will be charged the applicable fee. Eligibility for introductory trials is determined by the Developer and Apple at their discretion.

4.3 Billing and Automatic Renewal

Payment is charged to your Apple ID account upon confirmation of purchase or at the conclusion of an introductory trial. Subscriptions automatically renew unless you turn off auto-renewal at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the then-current subscription rate.

4.4 Subscription Management and Cancellation

You can manage, cancel, upgrade, or downgrade your Subscription at any time through your device's "Settings" or via the App Store. If you cancel, your Subscription will remain active until the end of the current billing period, after which your access to paid features will cease. Existing non-GAL matters may remain visible as locked, read-only summaries unless and until Complete access is restored. No refunds or credits are provided for partial subscription periods. All refund requests are subject to Apple's Media Services Terms and Conditions and are processed solely by Apple.

4.5 Price Changes

The Developer reserves the right to modify Subscription prices. We will provide you with reasonable advance notice of any price changes, which may be communicated through App Store update notes or an in-app notification. Price changes will take effect at the start of the next subscription period following the date of the change. Your continued use of the App after the price change becomes effective constitutes your agreement to pay the new price.

§ 5 Acceptable Use

5.1 Permitted Use

Subject to your compliance with these Terms, you are granted a limited right to use the App for your internal professional purposes related to the practice of law. Such use must be in strict accordance with all applicable laws, court rules, and the Virginia Rules of Professional Conduct.

5.2 Prohibited Conduct

You agree that you will not, directly or indirectly:

• Use the App for any unlawful, fraudulent, or malicious purpose;
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, trade secrets, or underlying structure of the App;
• Modify, adapt, translate, or create derivative works based on the App;
• Sell, resell, rent, lease, sublicense, distribute, or otherwise transfer your rights to use the App to any third party;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the App;
• Use the App to transmit any viruses, malware, or other malicious code;
• Interfere with or disrupt the integrity or performance of the App or its underlying infrastructure;
• Attempt to gain unauthorized access to the App or its related systems; or
• Use the App in any manner that would cause you or your firm to violate applicable professional or ethical obligations, including duties of confidentiality, competence, and avoidance of conflicts of interest.

Violation of this section may result in the immediate suspension or termination of your license and access to the App, in addition to any other remedies available to the Developer at law or in equity.

§ 6 Intellectual Property

6.1 Developer's Ownership

The App — including all of its software, source and object code, features, functionality, visual interfaces, graphics, design, compilation, information, data, documentation, and all other content (excluding User Content) — is the exclusive property of the Developer and its licensors. The App is protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. All rights not expressly granted to you in these Terms are reserved by the Developer.

6.2 Limited License to Use the App

Subject to your compliance with these Terms and the feature-access tier available to you, the Developer grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use the App solely for your internal professional purposes on compatible Apple devices that you own or control. GAL Toolkit and Complete features require an active Subscription or active introductory trial, subject to these Terms.

6.3 User Content

You retain all ownership rights in and to the data, documents, information, and other content you create, input, upload, export, edit, or re-upload while using the App ("User Content"), including firm template documents, assisted template drafts, custom templates, and letter templates. The Developer does not claim any ownership rights in your User Content. As further described in our Privacy Policy, your User Content is stored locally on your device or in your private cloud storage account and is not accessible by the Developer. The App may allow you to export User Content and safe restorable settings as a local .vfltbackup bundle; you are responsible for storing, transmitting, and safeguarding any exported backup. You are solely responsible for the accuracy, legality, confidentiality, formatting, and appropriateness of your User Content.

6.4 Feedback

If you provide the Developer with any suggestions, ideas, comments, or other feedback regarding the App ("Feedback"), you hereby grant the Developer a perpetual, irrevocable, worldwide, royalty-free, fully paid-up license to use, incorporate, modify, and commercialize such Feedback in any manner without restriction and without any obligation of compensation or attribution to you. You agree that any Feedback you provide is non-confidential and that the Developer is free to use it for any purpose.

§ 7 Third-Party Services and Integrations

7.1 General

The App may offer integrations with or provide links to third-party software, applications, and services ("Third-Party Services") for your convenience. These Third-Party Services are not owned, operated, or controlled by the Developer. Your use of any Third-Party Service is optional and is governed solely by the terms of service, privacy policies, and other agreements of the applicable third-party provider.

7.2 Specific Integrations

By enabling any integration with a Third-Party Service, you expressly authorize the App to access and exchange your data with that service as necessary to provide the integrated functionality. You are solely responsible for understanding and complying with the terms and practices of any Third-Party Service you choose to use. Examples of such integrations include:

• Cloud Storage, Sync, and Firm Sharing (e.g., Dropbox): You may connect the App to your own Dropbox account to synchronize matter documents and manifests two-way across your devices and, if you turn on firm sharing, share selected matters with teammates you invite by their Dropbox email. This authorizes the App to upload, download, and synchronize the files and matters you select. Your files remain in your own Dropbox; the Developer does not host a copy of your matter data and never receives your Dropbox password. A separate, active Dropbox account is required.
• Electronic Signature (e.g., Dropbox Sign): You may send documents for legally binding e-signature from within the App. This authorizes the App to transmit the document and the signer name(s) and email address(es) you specify to the e-signature provider, and to retrieve the executed copy and signing status. You are responsible for ensuring electronic signature is legally appropriate for the document and signatories involved. A qualifying provider account may be required.
• LawPay Payment Processing: You may authorize the App through LawPay's website, map a LawPay trust (IOLTA) account and operating account, create hosted invoices, read payment status, request refunds, and reconcile completed payments into your on-device ledger. This authorizes the App and the VFL Toolkit integration broker to exchange the requested amount, currency, selected account identifier and classification, test-mode status, client name and reference, recipient email, bill or matter reference, and provider request or transaction identifiers with LawPay. Clients enter payment credentials only on LawPay's hosted page; the App and integration broker do not collect or store card or bank account numbers. A separate active LawPay account is required.
• LawPay Pay Later: If activated for your firm and offered to an eligible client on the hosted page, Pay Later is a third-party financing product powered by Affirm. Neither the Developer, VFL Toolkit, nor your law firm is the lender by virtue of using this integration. LawPay and Affirm control availability, eligibility, disclosures, rates, approval, funding, repayment, and servicing. The client must review and complete the application on the client's own device. You must not use the App to collect credit-application data, promise approval or terms, complete an application for a client, or describe financed proceeds as earned merely because the firm received them.
• Your Payment Responsibilities: You are solely responsible for the accuracy of the settlement-account mapping; distinguishing earned fees from client funds; complying with trust-accounting, IOLTA, authorization, recurring-payment, refund, surcharge, consumer-credit, record-retention, and professional-conduct requirements; confirming provider and bank settlement; completing monthly reconciliation; and recording fees, refunds, reversals, and chargebacks in the proper account. The App's status check and ledger entry do not replace LawPay reports, bank records, or the review required by Virginia Rule of Professional Conduct 1.15.
• Payment Disputes and Availability: The Developer does not guarantee that a payment will be authorized, settle, remain final, qualify for Pay Later, avoid fraud, or withstand a chargeback. Suggested authorization or fee-agreement language in the App Guide is a drafting aid for attorney review; it does not eliminate lawful dispute rights or guarantee a result. You remain responsible for responding to provider notices and for restoring any trust-account shortage as required by applicable law and ethics rules.
• Firm Team Seats (Apple App Store): A managing attorney may add additional attorney and paralegal/legal-assistant seats so teammates can work under the firm subscription. Seats are purchased and billed to the managing attorney's Apple ID through the App Store; members invited to a seat are not billed. Seats are managed in the App, and billing changes (including cancellation, which takes effect at the end of the current billing period) are handled through Apple.
• Apple Calendar (EventKit): If you grant calendar access, the App may create deadlines and events through Apple's EventKit framework. Those events surface in whatever calendar account you have configured on your Device, which may include iCloud or any other calendar account you have added to the operating system. The App does not maintain a direct, authenticated integration with non-Apple calendar providers; any such routing is a function of the calendar accounts you choose to add to your Device. The App can also export a universal .ics file you may import into any calendar system.
• Legal Research and Reference Links (e.g., Paxton AI, vLex / Fastcase): The App may provide links that direct you to third-party legal research platforms. The Developer does not transmit any of your data to these platforms. Use of these platforms requires a separate account and is subject to their specific terms of service.
• Hosted Intake Service (optional). The App offers an optional hosted intake service that lets you send clients a secure link instead of an encrypted file. If you create a hosted intake account, you agree to: (a) provide accurate signup information; (b) maintain the confidentiality of your password — the service is zero-knowledge by design, and the Developer cannot recover or reset your encryption password, so losing it permanently forfeits access to submissions encrypted under it; (c) use the service only to collect information from clients or prospective clients of your practice; and (d) refrain from using the service to collect information unlawfully. The Developer may suspend or terminate hosted intake accounts that violate these Terms. You may delete your hosted intake account at any time from Settings → Hosted Intake Service. The hosted intake service is provided on the same as-is basis as the rest of the App, and continuous availability is not guaranteed.

The Developer does not directly integrate with practice-management platforms, Google Drive, Gmail, Outlook, OneDrive, or other non-integrated cloud services. Apart from the integrations expressly described above, matter data does not leave your Device unless you affirmatively export, share, or transmit it.

7.3 Disclaimer for Third-Party Services

The Developer provides access to Third-Party Services "AS IS" and "AS AVAILABLE" without warranty of any kind. The Developer does not endorse, and is not responsible or liable for, the content, products, or services of any third-party provider. You acknowledge and agree that the Developer shall not be responsible for:

• The performance, availability, security, or accuracy of any Third-Party Service;
• Any data loss, security breach, or other damage or loss caused by or in connection with your use of or reliance on any Third-Party Service; or
• Any disputes between you and a provider of a Third-Party Service.

You irrevocably waive any claim against the Developer with respect to such Third-Party Services. Your use of any Third-Party Service is entirely at your own risk.

§ 8 Disclaimers

The App is a professional productivity tool and is not a substitute for your independent professional judgment. Your use of the App is entirely at your own risk.

8.1 No Legal Advice or Attorney-Client Relationship

The App does not provide legal, tax, accounting, or other professional advice. All calculations, deadlines, document templates, and other outputs ("App Content") are provided for informational and drafting-support purposes only and may be incomplete, inaccurate, or out of date. Use of the App does not create an attorney-client, fiduciary, or other confidential or professional relationship between you and the Developer.

You, as a legal professional, are solely and exclusively responsible for: (a) independently reviewing, researching, and verifying the accuracy, sufficiency, and applicability of all App Content; (b) all legal advice, work product, and decisions you provide to your clients; and (c) ensuring compliance with all applicable laws, court rules, and professional ethics obligations.

8.2 Disclaimers Regarding Accuracy and Content

While the Developer endeavors to provide useful and timely tools, the Developer makes no representations or warranties regarding the accuracy, completeness, or timeliness of any App Content. You acknowledge and agree that:

• Calculations: Calculators for child support, spousal support, and other matters are based on statutory formulas (e.g., Va. Code Ann. §§ 20-108.2, 20-107.1). However, courts may deviate from these guidelines, statutes may change, and the unique facts of your case may require different inputs or analysis. You are responsible for independently verifying all calculations.
• Deadlines: Pretrial order deadline calculations are based on templates derived from certain Virginia courts' practices, which are subject to change without notice. You must always confirm all deadlines with the official, operative scheduling order and local rules for your specific case and court.
• Document Generation: Documents generated by the App are templates intended to assist with drafting. You are responsible for reviewing, editing, and ensuring any generated document is accurate, complete, and complies with all applicable court rules and substantive law before filing, signing, or sending it.

Billing, time-tracking, and trust-accounting features are practice-support tools only. They do not constitute accounting, tax, or compliance advice, and they do not relieve you of your independent obligations under the rules of professional conduct governing trust accounts and client funds, including Rule 1.15 of the Virginia Rules of Professional Conduct. You are solely responsible for verifying balances, reconciliations, bills, and statements before relying on them.

8.3 No Warranty

The App is provided "as is" and "as available," with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, the Developer, on its own behalf and on behalf of its affiliates and licensors, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the App.

This disclaimer includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement, as well as any warranties that may arise out of course of dealing, course of performance, usage, or trade practice.

Without limiting the foregoing, the Developer provides no warranty and makes no representation of any kind that the App will meet your requirements, achieve any intended results, be compatible with any other software or systems, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected. The Developer does not warrant that the App is secure or free of viruses or other harmful components.

§ 9 Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Developer, its officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to, damages for loss of profits, revenue, data, goodwill, or business opportunity, or for costs of substitute goods or services, arising out of or in connection with these Terms or your use of, or inability to use, the App.

This limitation applies regardless of the theory of liability (whether contract, tort, negligence, strict liability, or otherwise), even if the Developer has been advised of the possibility of such damages. Specifically, and without limiting the foregoing, the Developer shall not be liable for any damages, losses, or liabilities resulting from:

• Any errors, omissions, or inaccuracies in the App's content, calculations, or generated documents;
• Your reliance on any outputs from the App, including any missed deadlines, filing errors, or adverse legal outcomes;
• Any interruption or cessation of the App's availability;
• Any viruses, malware, or other harmful code that may be transmitted through the App; or
• Unauthorized access to, or use or alteration of, your data.

In no event shall the Developer's aggregate, cumulative liability to you for all claims arising out of or relating to these Terms or the App exceed the greater of (a) the total amount of Subscription fees you paid to the Developer in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00).

This limitation of liability is a fundamental element of the bargain between you and the Developer. The pricing for the App reflects this allocation of risk. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you to the extent prohibited by law. In such cases, the Developer's liability will be limited to the greatest extent permitted by applicable law.

§ 10 Indemnification

You agree to indemnify, defend, and hold harmless the Developer and its officers, directors, employees, and agents (the "Indemnified Parties") from and against any and all third-party claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) (collectively, "Claims") arising out of or in any way connected with:

• Your access to, use of, or alleged misuse of the App;
• Your violation of any provision of these Terms;
• Your violation of any applicable law, rule, or regulation, including but not limited to the Virginia Rules of Professional Conduct;
• Any claim from your client or any other third party arising from your reliance on the App or its outputs;
• Your violation of any third party's rights, including any intellectual property rights or right to privacy; or
• Any dispute between you and any third party, including your clients or providers of Third-Party Services.

The Developer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these Claims. You agree not to settle any matter without the prior written consent of the Developer. The Developer will use reasonable efforts to notify you of any such Claim upon becoming aware of it. This indemnification obligation will survive the termination of these Terms and your use of the App.

§ 11 Data and Privacy

11.1 Privacy Policy

Your use of the App is subject to our Privacy Policy, which is incorporated by reference into these Terms. The Privacy Policy describes how the Developer handles information in connection with the App, including local-first storage, optional Dropbox sync and firm sharing, full backup export, and the fact that User Content is stored locally on your device or in your own Dropbox account and is not accessible to the Developer.

11.2 Data Security

You are solely responsible for the security of the devices on which you use the App. This includes, but is not limited to, enabling strong passcodes, utilizing available biometric authentication features (e.g., Face ID, Touch ID, Optic ID), keeping your device's operating system updated, and maintaining the security of your Apple ID, cloud storage, and any connected Third-Party Service accounts. The Developer is not liable for any loss or unauthorized access to your User Content resulting from your failure to secure your devices or accounts.

11.3 Professional and Confidentiality Obligations

You acknowledge that as a legal professional, you bear the sole and exclusive responsibility for complying with all applicable rules of professional conduct, including your duties of confidentiality and competence owed to your clients. The App is a tool, and your use of it does not diminish or transfer any of your professional obligations to the Developer. The Developer shall not be responsible for any breach of attorney-client privilege or your duty of confidentiality arising from your use of the App, your device security practices, or your use of any Third-Party Services.

§ 12 Modifications to the App and Terms

12.1 Modifications to the App

The Developer reserves the right, in its sole discretion, to modify, update, suspend, or discontinue the App, or any feature or component thereof, at any time without liability to you. You may be required to install updates to continue using the App. The Developer has no obligation to provide any specific features or to maintain backward compatibility with prior versions of the App. While the Developer endeavors to update the App to reflect changes in Virginia law, the Developer does not guarantee the timing or accuracy of such updates.

12.2 Modifications to These Terms

The Developer reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the revised Terms within the App, through App Store update notes, or by other reasonable means. The "Effective Date" at the end of the Terms will indicate when the changes become operative.

Your continued use of the App after the Effective Date of any changes constitutes your binding acceptance of the revised Terms. If you do not agree to the revised Terms, your sole and exclusive remedy is to stop using the App and, if applicable, cancel your Subscription in accordance with § 4.4.

Any changes to the dispute resolution provisions in § 15 (Binding Arbitration and Class Action Waiver) will apply only to Disputes arising after the Effective Date of such changes.

§ 13 Termination

13.1 Termination by You

You may terminate these Terms at any time and for any reason by canceling your Subscription, if any, in accordance with § 4.4 and discontinuing all use of the App.

13.2 Termination by Developer

The Developer may, in its sole discretion, suspend or terminate your access to the App and these Terms, with or without notice, for any material breach of these Terms, including but not limited to any use of the App in a manner prohibited by § 5.2.

13.3 Effect of Termination

Upon termination of these Terms for any reason: (a) the license granted to you in § 6.2 will immediately and automatically be revoked; (b) you must cease all use of the App and delete all copies from your devices; and (c) you will not be entitled to a refund of any Subscription fees paid, except as may be required by applicable law or Apple's policies. Cancellation or expiration of a Subscription, by itself, does not terminate these Terms if you continue using limited non-subscription areas such as support, subscription management, privacy, or terms.

13.4 Survival

The following sections will survive any termination or expiration of these Terms: 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11 (Data and Privacy), 13.4 (Survival), 15 (Binding Arbitration and Class Action Waiver), and 16 (Governing Law, Jurisdiction, and General Provisions).

§ 14 Apple-Specific Terms

This App is available for download through the Apple App Store. You acknowledge and agree that these Terms are between you and the Developer only, not with Apple Inc. ("Apple"), and that Apple is not responsible for the App or its content.

• Scope of License: The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
• Maintenance and Support: The Developer, not Apple, is solely responsible for providing any maintenance and support services with respect to the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services for the App.
• Warranty: In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.
• Product Claims: The Developer, not Apple, is responsible for addressing any claims from you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
• Intellectual Property Rights: In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
• Third-Party Beneficiary: You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

§ 15 Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. It affects your legal rights, including your right to file a lawsuit in court. It requires most disputes to be resolved through binding individual arbitration and waives your right to participate in a class action.

15.1 Agreement to Arbitrate

You and the Developer agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms, the App, or the relationship between you and the Developer, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (each, a "Dispute"), will be resolved exclusively by final and binding arbitration, rather than in court, except as provided in § 15.6 below. This agreement to arbitrate is intended to be broadly interpreted and is governed by the Federal Arbitration Act.

15.2 Mandatory Informal Dispute Resolution

Before initiating arbitration, you and the Developer agree to first attempt to resolve any Dispute informally. The party seeking to raise a Dispute must send a written notice to the other party that describes the nature of the claim and the relief sought ("Notice of Dispute"). The Notice of Dispute to the Developer must be sent to the contact information provided in § 16.7. The parties shall then make good faith efforts to resolve the Dispute for a period of at least thirty (30) days following the date the Notice of Dispute is received. This informal resolution period is a prerequisite to arbitration; no arbitration may be commenced until it is completed.

15.3 Arbitration Rules and Procedures

If a Dispute is not resolved through the informal process described above, either party may commence binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA") and will be governed by the AAA's Consumer Arbitration Rules (or, if you are a business entity or using the App for commercial purposes, the Commercial Arbitration Rules) in effect at the time the arbitration is initiated. The AAA Rules are available at www.adr.org.

The arbitration will be conducted by a single, neutral arbitrator. The arbitration will be held in the City of Virginia Beach, Virginia. At your election, the arbitration may be conducted by telephone, videoconference, or based solely on written submissions, provided that the arbitrator may require an in-person hearing if they determine it is necessary. The arbitrator's decision will be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

15.4 Class Action and Representative Action Waiver

You and the Developer agree that each party may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, mass, or representative proceeding.

Further, unless both you and the Developer agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or consolidated proceeding.

If this specific class action waiver provision is found to be unenforceable, then the entirety of this § 15 (Binding Arbitration and Class Action Waiver) shall be null and void, and any Dispute shall be resolved in a court of competent jurisdiction as set forth in § 16.

15.5 Fees and Costs

The payment of all filing, administration, and arbitrator fees will be governed by the applicable AAA Rules. Each party will be responsible for its own attorneys' fees and costs in connection with the arbitration, unless the arbitrator awards fees and costs to the prevailing party as permitted under applicable law.

15.6 Exceptions to Arbitration

Notwithstanding the foregoing, you and the Developer agree that the following types of Disputes are not subject to arbitration and may be brought in a court of competent jurisdiction:

• Disputes that qualify for resolution in a small claims court and are brought on an individual basis in an appropriate small claims court;
• Any action seeking to enforce or protect, or concerning the validity of, either party's intellectual property rights (including copyrights, trademarks, trade secrets, and patents); and
• Any action for temporary or preliminary injunctive relief to prevent imminent and irreparable harm pending the final resolution of a Dispute.

15.7 30-Day Right to Opt Out

You have the right to opt out of arbitration. You may opt out of the provisions of this § 15 by sending written notice of your decision to opt out to the email address in § 16.7 within thirty (30) days after first downloading, installing, or using the App. Your notice must include your name and a clear statement that you wish to opt out of the arbitration provisions in these Terms. If you opt out, all other parts of these Terms will continue to apply. Opting out has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

15.8 Severability

Except as provided in § 15.4, if any provision of this § 15 is found to be illegal or unenforceable, that provision will be severed, and the remainder of this § 15 will be given full force and effect.

§ 16 Governing Law, Jurisdiction, and General Provisions

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. The interpretation and enforcement of § 15 (Binding Arbitration and Class Action Waiver) of these Terms shall be governed by the Federal Arbitration Act.

16.2 Jurisdiction and Venue

Subject to the provisions of § 15, in the event that any lawsuit or court proceeding is permitted under these Terms, you and the Developer agree to submit to the exclusive personal and subject matter jurisdiction of the state and federal courts located in the City of Virginia Beach, Virginia. Each party irrevocably waives any objection to the laying of venue in such courts and any claim that such courts are an inconvenient forum. Virginia courts have upheld the validity of such forum-selection provisions. See, e.g., Paul Bus. Sys., Inc. v. Canon U.S.A., Inc., 240 Va. 337 (1990).

16.3 Entire Agreement

These Terms, together with the Privacy Policy which is incorporated herein by reference, constitute the entire and exclusive understanding and agreement between you and the Developer regarding your use of the App. These Terms supersede and replace all prior or contemporaneous oral or written understandings or agreements between you and the Developer regarding the App.

16.4 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.

16.5 Waiver

The failure of the Developer to enforce any right or provision of these Terms will not be considered a waiver of that or any other right or provision. A waiver of any right or provision will be effective only if it is in writing and signed by a duly authorized representative of the Developer. The exercise of any remedy under these Terms will not be exclusive of any other remedies under these Terms or at law.

16.6 Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, by operation of law or otherwise, without the Developer's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. The Developer may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

16.7 Notices

Any notices or other communications provided by the Developer under these Terms may be given: (i) via in-app notification; (ii) by posting to the App's page on the App Store; or (iii) by email to the address associated with your Apple ID account. Any notices to the Developer must be sent to the contact information provided below in writing.

For questions or concerns regarding these Terms or for legal notices, please contact us at:

Burroughs Law Office, P.C.
Attn: VFL Toolkit Legal
4445 Corporation Ln, STE 225
Virginia Beach, VA 23462
Email: support@vfltoolkit.com
Phone: (757) 363-0077

By using the VFL Toolkit application, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, including the Disclaimers (§ 8), Limitation of Liability (§ 9), and the Binding Arbitration and Class Action Waiver (§ 15).

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