Divine Red Roses

Terms of Service

Terms of Service for EtoL

Last updated: 6 August 2026

These Terms of Service (“Terms”) are entered into between you and Divine Red Roses LLC (“Divine Red Roses”, “we”, “us”, “our”) and govern your access to and use of the EtoL mobile application for Android and Apple iOS devices and related content, features, documentation, communications, and services we make available in connection with the mobile application (collectively, the “App”). By downloading, installing, accessing, using the App or clicking “I Agree”, you acknowledge that you have read, understood and agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not install or use the App.

1. The App

EtoL is a springboard-style mobile application that may include phone and contact utilities, camera and media capture, photo browsing and sharing, password management, location-sharing, battery-monitoring features, in-app purchases, feedback functionality, bug-report functionality, and other utilities. Features may vary by device, operating system, permissions, purchase status, region, or availability.

We may add, remove, modify, suspend, disable, restrict, or discontinue any part of the App at any time, with or without notice, and without liability to you except where non-waivable law provides otherwise.

2. Eligibility

You must be legally capable of forming a binding agreement to use the App. If you are under the age of majority in your jurisdiction, you may use the App only with the permission and supervision of a parent or legal guardian who agrees to be bound by these Terms.

2.1 Key Terms Summary

The following key terms apply to your use of the App and any purchases. Please review the full Terms for complete details.

  • No Warranties: The App is provided “as is” without any warranty.
  • Limited Liability: Our liability is capped at the amount you paid in the last 12 months or $50, whichever is greater.
  • Arbitration Required: Most disputes must be resolved through individual arbitration, not court or class action.
  • Changes and Discontinuation: We may modify or discontinue features, including paid features, at any time.
  • Refunds: Refunds are handled by Google Play or the Apple Store; see Section 8.

3. License

Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the App for your personal, non-commercial use on Android or Apple devices in accordance with these Terms and the Google Play or App Store terms and policies.

4. User Responsibilities

  • You are responsible for your device, Google account, credentials, backups, network access, and all activity conducted through your use of the App.
  • You are responsible for the legality, accuracy, ownership, permissions, and consequences of any photos, videos, passwords, contacts, location links, messages, emails, or other content you store, access, or share through the App.
  • You are responsible for complying with all laws applicable to calling, messaging, recording, photographing, sharing, password storage, and location sharing.
  • You are responsible for maintaining your own records and backups. The App is not a guaranteed archival or backup solution.

5. Prohibited Conduct

You may not:

  • Use the App in violation of any law, regulation, court order, or third-party right.
  • Use the App to harass, abuse, stalk, threaten, defame, impersonate, exploit, or harm any person.
  • Use the App in connection with unlawful surveillance, unlawful recording, spam, fraud, malware, or unauthorized access.
  • Interfere with, disable, overburden, probe, disrupt, reverse engineer, decompile, or attempt to extract source code or non-public aspects of the App except to the extent such restriction is prohibited by law.
  • Use the App in a way that could create liability for us or our service providers.

6. No Emergency, Safety-Critical, Medical, Legal, or Professional Reliance

The App is provided for general consumer convenience only. It is not an emergency service, a 911 replacement, a medical device, a legal service, a law-enforcement tool, a safety-critical system, or a guaranteed communications or location platform.

You must not rely on the App where delay, inaccuracy, unavailability, data loss, mistaken identity, failed delivery, failed calling, failed location sharing, or device malfunction could cause injury, death, property damage, regulatory exposure, or other serious harm.

7. Purchases, Billing, and Refunds

Some features may require one-time in-app purchases processed by Google or Apple through Google Play Billing or the App Store. Google or the App Store, not Divine Red Roses LLC, is the merchant of record for Google Play or App Store purchases unless applicable law states otherwise.

Payment. You authorize Google or Apple to charge the payment method associated with your Google or Apple account for purchases you initiate.

Pricing and availability. Prices, product identifiers, entitlements, and availability may change at any time.

Trial limits. If a paid entitlement is revoked or unavailable, limited trial use of certain features may apply before repurchase is required.

Refunds. Refunds, billing corrections, and purchase disputes are handled exclusively through Google Play or the App Store as described in Section 8. Except as required by applicable law or Platform policy, all sales are final. We do not offer refunds for in-app purchases after the expiration of the Platform refund window. If you believe you are entitled to a refund under applicable consumer-protection law, or if you experience a technical issue that prevents you from accessing a purchased feature, contact us at feedback@divineredroses.com within 30 days of purchase with your order number and a description of the issue. We will review your request and respond within 10 business days.

No promise of continued availability. Paid features may be modified, suspended, or discontinued at any time, subject only to non-waivable law.

8. Third-Party Services and Platforms

The App may depend on or interoperate with Google, Google Play, Google Play Billing, Apple, the App Store, StoreKit, Mail, Messages, Maps, email and messaging intents, share-sheet destinations, map tile providers, communications carriers, Sentry, device manufacturers, operating systems, and other third parties. We do not control and are not responsible for third-party services, content, policies, terms, uptime, billing, acts, omissions, or security.

Google Play and Apple App Store

This Application is made available through Google LLC’s Google Play store and Apple Inc.’s App Store (each, a “Platform” and collectively, the “Platforms”). Your download, access, and use of the Application may be subject to additional terms and conditions imposed by the applicable Platform, including but not limited to the Google Play Terms of Service and the Apple Media Services Terms and Conditions (collectively, “Platform Terms”).

We are not responsible for the Platforms’ acts, omissions, policies, billing practices, refund determinations, or changes to the Platform or Platform Terms. For issues related to your Platform account, or billing disputes, contact the Platform support. We make commercially reasonable efforts to comply with Platform policies, but we do not guarantee uninterrupted availability on a Platform and are not liable for removal, suspension, or changes to a Platforms distribution.

For your reference, the official terms, privacy policies, and refund policies of Google Play and the Apple App Store are available at the following URLs as of the Effective Date of these Terms of Use. We do not control these third-party websites and we are not responsible for any changes made by Google LLC or Apple Inc. to these policies or their URLs. You are encouraged to review the most current version of each policy directly on the applicable Platform.

Google Play:

Apple App Store:

The URLs and policies listed above are provided for convenience only and are subject to change by the respective Platform providers without notice to us or to you. It is your responsibility to review the current terms, privacy policies, and refund policies of any Platform through which you access the Application.

9. Intellectual Property

As between you and us, we and our licensors own the App and all related software, code, structure, interfaces, branding, text, graphics, and other content, except for your own content and third-party materials. All rights not expressly granted are reserved.

If you provide feedback, ideas, suggestions, bug reports, or enhancement requests, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable right to use, reproduce, modify, distribute, publish, display, perform, create derivative works from, and otherwise exploit that feedback for any lawful purpose without compensation, attribution, or restriction.

10. Privacy

Your use of the App is also governed by the EtoL Privacy Policy, and accessible within the App’s settings menu. This Privacy Policy is incorporated into these Terms by reference. By using the App, you consent to the collection, use, disclosure and retention of your information as described in the Privacy Policy.

If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, you have specific rights regarding your personal information, including the right to know what personal information we collect, the right to request deletion, the right to correct inaccuracies, and the right to opt out of the sale or sharing of your personal information. California residents also have the right to opt out of automated decision-making and to limit the use of sensitive personal information. To exercise these rights or for further details, please review our Privacy Policy or contact us at feedback@divineredroses.com. We will not discriminate against you for exercising your privacy rights.

11. Suspension and Termination

We may suspend, restrict, disable, or terminate your access to the App at any time, with or without notice, if we believe you have violated these Terms, created risk or potential liability, or if the App must be modified, discontinued, or protected.

Upon termination, your license ends immediately. Sections that by their nature should survive will survive, including ownership, disclaimers, limitations of liability, arbitration, class waiver, indemnity, and governing law.

12. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.

WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, SYSTEM INTEGRATION, DATA RETENTION, DATA SECURITY, AVAILABILITY, ERROR-FREE OPERATION, CONTINUOUS OPERATION, AND RESULTS OBTAINED FROM USE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME, THAT CALLS, MESSAGES, PURCHASES, PHOTO SAVES, PASSWORD OPERATIONS, LOCATION SHARES, OR NOTIFICATIONS WILL SUCCEED, THAT CONTENT WILL NOT BE LOST OR CORRUPTED, OR THAT ANY SECURITY FEATURE WILL PREVENT ALL UNAUTHORIZED ACCESS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER CONTRACTS. IF YOU ARE A CONSUMER IN SUCH A JURISDICTION, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF DATA, CONTENT, PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, DEVICES, OR SECURITY, ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS (US $50).

THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CONSUMER CONTRACTS. IF YOU ARE A CONSUMER IN SUCH A JURISDICTION, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Release

To the maximum extent permitted by law, you release us and our affiliates from claims, demands, and damages of every kind and nature, known and unknown, arising out of or connected with disputes between you and any third party relating to your use of the App, your content, your communications, your purchases, or your sharing activity.

15. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless us and our affiliates, licensors, service providers, officers, directors, members, managers, employees, contractors, agents, and representatives from and against all claims, actions, investigations, liabilities, damages, judgments, settlements, losses, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • your use or misuse of the App;
  • your content, communications, shares, calls, location transmissions, passwords, or stored data;
  • your violation of these Terms or applicable law; or
  • your violation of any third-party right, including privacy, publicity, intellectual-property, or contractual rights.

Indemnification Procedure. We will provide you with prompt written notice of any claim subject to indemnification, provided that failure to provide prompt notice will not relieve you of your indemnification obligations except to the extent you are materially prejudiced. You will have the right to control the defense and settlement of the claim using counsel reasonably acceptable to us, provided that you may not settle any claim without our prior written consent if the settlement imposes any obligation or liability on us, requires us to admit fault or wrongdoing, or does not include a full release of the Indemnified Parties. We reserve the right to participate in the defense at our own expense. If you fail to assume defense of a claim within 30 days of notice, we may defend the claim at your expense.

16. Dispute Resolution; Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THE APP OR THESE TERMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING.

Except for claims that may be brought in small-claims court, claims seeking only temporary or preliminary injunctive relief, or claims that cannot lawfully be arbitrated, disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its applicable consumer arbitration rules, or a comparable arbitral forum if AAA is unavailable.

You may opt out of this arbitration agreement by sending written notice to feedback@divineredroses.com within thirty (30) days of first accepting these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and we retain the right to bring claims in court, subject to Section 17 (Governing Law and Venue).

You and we waive any right to a jury trial and any right to participate in a class action or representative proceeding. If a court determines that this class-action waiver is unenforceable as to a particular claim, that claim must be severed and stayed pending the outcome of individual arbitration for the remaining claims.

Any claim must be brought within one (1) year after it arose, or the claim is permanently barred to the maximum extent permitted by law.

17. Governing Law; Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-law principles, except to the extent superseded by applicable federal law or non-waivable consumer-protection law.

Except for claims that may be brought in small-claims court or as otherwise prohibited by applicable law from being subject to the arbitration provision in Section 16, you and Divine Red Roses LLC agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the state courts located in Pinellas County, Florida, or the federal courts for the Middle District of Florida, Tampa Division, and each party irrevocably submits to the personal jurisdiction and venue of such courts.

18. Export and Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country or territory embargoed by the United States, and that you are not on any U.S. government restricted-party list to the extent applicable to the App.

19. General Terms

  • Entire agreement. These Terms and the Privacy Policy form the complete agreement between you and us regarding the App.
  • Severability. If any provision is found unenforceable, the remaining provisions remain in effect to the fullest extent possible.
  • No waiver. Any failure to enforce a provision is not a waiver of that provision or any other provision.
  • Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms freely, including in connection with a merger, sale, financing, reorganization, or transfer of assets.
  • Interpretation. Headings are for convenience only. “Including” means “including without limitation.”
  • Electronic communications. You agree to receive notices electronically where permitted by law.

20. Accessibility

Divine Red Roses LLC is committed to ensuring that the App is accessible to individuals with disabilities. We strive to design and maintain the App in accordance with the applicable Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. If you encounter an accessibility barrier or require assistance accessing any feature of the App, or if you need these Terms in an alternative format, please contact us at feedback@divineredroses.com or 727-735-5877. We will work with you to provide the information or functionality you seek through an alternative communication method or accessible format. Please allow 10 business days for us to respond to accessibility requests.

The accessibility commitments set forth in this Section are subject to the following exclusions and limitations:

  • Third-Party Content. We are not responsible for the accessibility of third-party content, plugins, extensions, integrations, or services that are incorporated into or accessed through the App.
  • User-Generated Content. We are not responsible for the accessibility of content created, uploaded, or published by users of the App. We may, but are not obligated to, provide tools or guidance to assist users in creating accessible content.
  • Technical Feasibility. Where conformance with a particular WCAG Success Criterion is not technically feasible due to App limitations or App functionality, we will document the limitation and, where practicable, provide an alternative accessible method for accomplishing the affected task.

21. Modifications to These Terms

We may modify these Terms from time to time. We will provide notice of material changes by: (a) posting the updated Terms within the App and on our website at divineredroses.com, with the “Last Updated” date revised; or (b) displaying an in-app notification or pop-up upon your download of a new version of the App. Material changes will take effect ten (10) days after notice is provided, except where a shorter period is permitted or required by law. Your continued use of the App after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the App. We encourage you to review these Terms periodically. Changes that are not material (e.g., corrections of typographical errors, clarifications, or updates to contact information) will take effect immediately upon posting.

22. Force Majeure and Service Interruptions

Divine Red Roses LLC will not be liable for any failure or delay in performing its obligations under these Terms (including providing access to the App or processing purchases) if such failure or delay is due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes or labor disputes, failure of third-party service providers (including hosting, telecommunications, payment processors, and app-distribution platforms), cyberattacks, denial-of-service attacks, power outages, or governmental actions or orders (each, a “Force Majeure Event”). In the event of a Force Majeure Event, our performance will be excused for the duration of the event, and we will use commercially reasonable efforts to resume performance as soon as practicable or discontinue the App.

23. Contact

Divine Red Roses LLC — for legal notices or questions about these Terms, contact: