Terms of Service

Last Updated: November 22, 2025

Welcome to Fortuna App. These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Fortuna App ("we," "us," or "our") governing your access to and use of the Fortuna App mobile application ("App").

By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

1. License Grant and Restrictions

1.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App on your personal mobile device solely for your personal, non-commercial use in tracking basketball game statistics.

1.2 License Restrictions

You agree not to:

2. User Accounts and Responsibilities

2.1 User Obligations

When using the App, you agree to:

2.2 Data Accuracy

You acknowledge that you are solely responsible for the accuracy of statistics and data entered into the App. We are not responsible for any errors, omissions, or inaccuracies in user-entered data.

3. Acceptable Use

3.1 Permitted Uses

The App is designed for legitimate basketball statistics tracking purposes, including:

3.2 Prohibited Uses

You may not use the App to:

4. Intellectual Property Rights

4.1 Our Intellectual Property

The App and all its contents, features, and functionality (including but not limited to software, code, text, graphics, logos, icons, images, audio clips, and data compilations) are owned by Fortuna App and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Your Content

You retain all rights to the game statistics, player data, and other content you create and store using the App ("User Content"). Since all User Content is stored locally on your device and not transmitted to our servers, we do not claim any ownership rights over your User Content.

4.3 Trademarks

The Fortuna App name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fortuna App. You may not use such marks without our prior written permission.

5. Third-Party Services and Links

5.1 Third-Party Services

The App may utilize third-party services for analytics, mapping, or other functionality. Your use of these services is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.

5.2 External Links

The App may contain links to third-party websites or resources. We provide these links for your convenience but do not endorse or assume responsibility for the content, products, or services provided by third parties.

6. Disclaimers and Warranties

6.1 "AS IS" Basis

THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

6.2 No Warranty of Accuracy

We do not warrant that:

6.3 Data Loss

While we strive to provide reliable data storage, you acknowledge that:

7. Limitation of Liability

7.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FORTUNA APP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM OR RELATED TO YOUR USE OF THE APP.

7.2 Limitation of Liability Cap

IF WE ARE FOUND LIABLE FOR ANY CLAIM RELATED TO THE APP, OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP (IF ANY) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

7.3 Essential Purpose

The limitations of liability set forth in this Section 7 shall apply even if any limited remedy fails of its essential purpose.

8. Indemnification

You agree to indemnify, defend, and hold harmless Fortuna App, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

9. Updates and Modifications

9.1 App Updates

We may periodically release updates, upgrades, or new versions of the App to add features, fix bugs, or improve performance. You may need to update the App to continue using it. Some updates may be automatic, while others may require your action.

9.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

Your continued use of the App after changes are posted constitutes your acceptance of the modified Terms.

10. Termination

10.1 Termination by You

You may stop using the App at any time by uninstalling it from your device. Uninstalling the App will permanently delete all locally stored data.

10.2 Termination by Us

We reserve the right to:

10.3 Effect of Termination

Upon termination:

11. Geographic Restrictions

The App is controlled and operated from our facilities. We make no representations that the App is appropriate or available for use in all locations. If you access the App from outside your jurisdiction, you do so at your own risk and are responsible for compliance with local laws.

12. Dispute Resolution

12.1 Informal Resolution

If you have any dispute with us regarding the App or these Terms, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.

12.2 Binding Arbitration

If we cannot resolve a dispute informally within sixty (60) days, you agree that any dispute arising from or relating to these Terms or the App shall be resolved through binding arbitration in accordance with the applicable arbitration rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

12.3 Class Action Waiver

YOU AND FORTUNA APP AGREE THAT EACH 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 OR REPRESENTATIVE PROCEEDING.

13. Governing Law

These Terms and your use of the App shall be governed by and construed in accordance with the laws of the jurisdiction in which we operate, without regard to its conflict of law provisions.

14. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fortuna App regarding the App and supersede all prior agreements and understandings, whether written or oral.

17. Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms or any rights under them without restriction. Any attempted assignment in violation of this section is void.

18. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19. Export Control

The App may be subject to export control laws. You agree to comply with all applicable export and re-export control laws and regulations, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

20. Contact Information

If you have questions about these Terms, please contact us:

21. Acknowledgment

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE APP.


Fortuna App

Thank you for using Fortuna App. We are committed to providing a reliable and useful tool for basketball statistics tracking.

These Terms of Service are effective as of the date indicated above and apply to all users of the App.