Terms of Service

Last updated: September 26, 2026

From everyone at Not Quite There Studio, thank you for using our products! Because we don’t know every one of our customers personally, we have to put in place some Terms of Service to help keep the ship afloat.

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Not Quite There Studio, Inc..

When we say “Services”, we mean our websites, including notquitethere.studio, and any product created and maintained by Not Quite There Studio, Inc.. That includes Tank Runner, Breakaway, and Shopping Mania, whether delivered within a web browser, desktop application, mobile application, or another format.

Definitions

• “User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service. A User must be at least 13 years of age.

We may update these Terms of Service ("Terms") in the future. Whenever we make a significant change to our policies, we will refresh the date at the top of this page.

When you use our Services, now or in the future, you are agreeing to the latest Terms. There may be times where we do not exercise or enforce a right or provision of the Terms; however, that does not mean we are waiving that right or provision. These Terms do contain a limitation of our liability.

Account Requirements

• You must be age 13 or older. Not Quite There Studio does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.

Additional Terms

In some situations, third parties' terms may apply to your use of Not Quite There Studio. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.

Modifications to the Service and Prices

• Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

Uptime, Security, and Privacy

• Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services but do take uptime of our applications seriously.
• We enforce encryption for data transmission from the public Internet.
• When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Not Quite There Studio may process your data as described in our Privacy Policy and for no other purpose.

Copyright and Content Ownership

• The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
• You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

Features and Bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

Liability

We mention liability throughout these Terms but to put it all in one section:

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to these Terms or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

In other words: choosing to use our Services does mean you are making a bet on us. If the bet does not work out, that’s on you, not us. We do our darnedest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general giving a damn. If you choose to use our Services, thank you for betting on us.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Not Quite There Studio to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Not Quite There Studio and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and Not Quite There Studio agree to submit to the exclusive jurisdiction and venue of the courts located in Santa Clara County, California.

If you have a question about any of these Terms, please contact our Support team.

Adapted from the Basecamp open-source policies / CC BY 4.0 and the GitHub Site Policy / CC0 1.0.