1. Accepting these terms

These Terms of Service (“Terms”) are an agreement between you and Middleout concerning the Scratch app, website, and related services (“Scratch” or the “Service”). By accessing or using the Service, you agree to these Terms and our Privacy Policy. If you do not agree, do not use Scratch.

You must be at least 13 years old and legally able to enter this agreement. If you use Scratch on behalf of an organization, you represent that you have authority to bind it.

2. Private beta

Scratch is prerelease software. It may be incomplete, contain errors, lose data, change significantly, or become unavailable. Access is limited, may require a TestFlight invitation, and can be paused or withdrawn at any time. Do not rely on the beta for emergencies, permanent storage, or sensitive communications.

3. Your account

You are responsible for your account, your device, and activity under your credentials. Provide accurate information, protect access to your Apple account and device, and tell us promptly if you believe your Scratch account has been compromised.

Handles are provided on a first-available basis. We may reclaim or change a handle that impersonates someone, infringes rights, creates confusion, or violates these Terms.

4. A limited license

Subject to these Terms, we grant you a personal, limited, revocable, nonexclusive, nontransferable license to install and use the beta for testing and personal, noncommercial purposes. You may not copy, sell, sublicense, reverse engineer, interfere with, or attempt to bypass security or access controls, except where applicable law expressly permits it.

5. Your content

You retain ownership of photos, captions, feedback, and other content you submit (“Your Content”). You grant us a limited, worldwide license to host, copy, transmit, resize, re-encode, display, and otherwise process Your Content only as needed to provide, secure, moderate, and improve the Service.

You represent that you have the rights and permissions needed to share Your Content and that sharing it does not violate another person’s privacy, publicity, intellectual property, or other rights. Get consent before sharing private or sensitive images of another person.

6. Acceptable use

You may not use Scratch to:

• Harass, threaten, stalk, exploit, or impersonate anyone.
• Share intimate imagery without consent or any sexual content involving a minor.
• Distribute illegal, fraudulent, hateful, or rights-infringing content.
• Collect information about others without authorization.
• Send spam, malware, or content designed to damage a device or service.
• Probe, scrape, overload, automate, or circumvent rate limits or security controls.
• Use Scratch in a way that violates law or encourages another person to do so.

We may remove content, restrict features, suspend accounts, or report conduct when we reasonably believe it is necessary to protect people or the Service.

7. Reveals, screenshots, and confidentiality

A reveal receipt indicates that Scratch recorded a completed reveal event. It is not proof that a particular person viewed, understood, or kept the photo confidential. Recipients may be able to take screenshots, photograph a screen, or otherwise retain content. Do not send anything you cannot trust the recipient to keep.

Scratch is not currently end-to-end encrypted. See our Privacy Policy for details about storage, access, and retention.

8. Feedback

If you provide ideas, bug reports, or suggestions, you grant us permission to use them without restriction or compensation. Please do not send information you consider confidential as feedback.

9. Third-party services

Scratch depends on services provided by Apple, Google Firebase, and other infrastructure providers. Their terms may also apply to your use of their products. Apple is not a party to these Terms and does not sponsor or operate Scratch.

10. Suspension and termination

You may stop using Scratch or request account deletion at any time. We may suspend or terminate access if you violate these Terms, create risk or legal exposure, abuse the beta, or if we discontinue the Service. Sections that by their nature should survive termination—including ownership, disclaimers, and limitations—will survive.

11. Disclaimers

To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim warranties of merchantability, fitness for a particular purpose, noninfringement, availability, accuracy, and data preservation. We do not promise that Scratch will be uninterrupted, secure, or error-free.

12. Limitation of liability

To the maximum extent permitted by law, Middleout and its contributors will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost data, profits, goodwill, or opportunities arising from the Service. Our aggregate liability relating to the Service will not exceed the greater of the amount you paid us for Scratch in the previous 12 months or US $100. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Changes

We may update the Service or these Terms as the beta evolves. We will post revised Terms here and update the effective date. Continuing to use Scratch after revised Terms take effect means you accept them. If you do not agree, stop using the Service.

14. General terms

These Terms and the Privacy Policy are the entire agreement concerning Scratch. If a provision is unenforceable, the rest remains effective. Our failure to enforce a provision is not a waiver. You may not transfer these Terms without our consent; we may transfer them as part of a reorganization or business transaction. Applicable law governs these Terms without regard to conflict-of-law principles.

15. Contact

Questions about these Terms can be sent to jackson.tomlinson@gmail.com.