Terms of Service

Last Updated: February 18, 2026

IMPORTANT LEGAL NOTICE: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING SCRIPTURE POWER. THESE TERMS CONTAIN A MANDATORY BINDING ARBITRATION CLAUSE, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. BY USING THE APP, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION IN UTAH, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION LAWSUIT. SEE SECTION 16 FOR FULL DETAILS.

1. Acceptance of Terms

By downloading, installing, accessing, or using the Scripture Power mobile application (the "App") — including all features, game modes, content, and subscription services — or by visiting our website at https://scripturepower.app (the "Website"), you ("User," "you," or "your") agree to be legally bound by these Terms of Service ("Terms").

These Terms constitute a legally binding agreement between you and MMC Media LLC, a Utah limited liability company ("Company," "we," "us," or "our"), the sole operator of Scripture Power. If you do not agree to all of these Terms, you must immediately stop using the App and Website.

If you are accepting these Terms on behalf of a minor child in your care, you represent and warrant that you are the parent or legal guardian of that child, and you agree to be bound by these Terms on their behalf.

Our Privacy Policy (available at scripturepower.app/privacy.html) is incorporated into and forms part of these Terms by reference. By accepting these Terms, you also accept our Privacy Policy.

2. Description of Service

Scripture Power is a scripture memorization application that provides game-based learning tools, daily challenges, progress tracking, and family-friendly educational content centered on scripture study. The App is available through the Apple App Store and offers both free and premium subscription tiers.

We reserve the right at any time, and without notice, to: (a) modify, suspend, or discontinue the App or any features thereof; (b) impose limits on certain features; or (c) restrict access to parts or all of the App. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

3. No Affiliation with The Church of Jesus Christ of Latter-day Saints

⚠ Scripture Power is an independent product created by MMC Media LLC. It is NOT affiliated with, endorsed by, sponsored by, or in any way officially connected to The Church of Jesus Christ of Latter-day Saints or any of its affiliated organizations, subsidiaries, or entities. The name "Scripture Power" and any related branding are the sole property of MMC Media LLC.

All scripture texts incorporated into the App are either in the public domain, licensed under open-access terms, or included under fair use or other applicable doctrines. Use of scripture texts does not imply any affiliation with or endorsement by any religious organization.

4. Eligibility and Age Requirements

To create an account and use account-based features of the App, you must be at least 13 years of age. Users between the ages of 13 and 17 ("Minors") must have the consent of a parent or legal guardian, who agrees to be bound by these Terms on their behalf.

Scripture Power requires an account to use the App. Users must confirm they are 13 years of age or older during registration. Children under 13 should not create their own accounts. If a parent or legal guardian wishes to allow a child under 13 to use Scripture Power, the parent or guardian must:

By creating an account and accepting these Terms, you represent and warrant that: (a) you are 13 years of age or older; or (b) you are the parent or legal guardian of a child under 13 and you are creating the account with appropriate parental authority and consent.

We reserve the right to require proof of age or parental consent and to terminate accounts where we suspect misrepresentation of age.

5. Account Registration

Certain features of the App require you to create an account. By creating an account, you agree to:

You may not create more than one account per person for the purpose of circumventing App restrictions or subscription requirements. We reserve the right to terminate duplicate or fraudulent accounts without notice.

You may not transfer or sell your account to any other party. Your account is personal to you and non-transferable.

6. Subscriptions and Payments

6.1 Free Tier

Scripture Power offers a free tier with access to core game modes and a limited number of daily hearts. No payment information is required for the free tier. Free tier features may be modified or limited at our sole discretion without notice.

6.2 Premium Subscriptions

Premium subscription plans unlock additional features including unlimited hearts, all game modes, all scripture sets, and unlimited family profiles. Premium plans are available at the pricing displayed in the App at the time of purchase. Current pricing includes monthly, annual, and lifetime options. All prices are in U.S. dollars and are subject to change with reasonable notice.

6.3 Billing and Auto-Renewal

6.4 Price Changes

We reserve the right to change subscription prices. Price changes will apply to the next billing period after notice. Apple will notify you of price changes before they take effect. Your continued subscription after a price change constitutes acceptance of the new price.

6.5 Refunds

All purchases made through the Apple App Store are subject exclusively to Apple's refund policy. MMC Media LLC does not directly process refunds. To request a refund:

By making an in-app purchase, you expressly acknowledge that Apple — not MMC Media LLC — is the merchant of record and handles all billing disputes and refunds.

6.6 No Chargebacks

You agree not to initiate unauthorized chargebacks. If you have a billing concern, you agree to first contact us at support@scripturepower.app or Apple Support to resolve the issue before initiating a chargeback. Unauthorized chargebacks may result in account termination.

7. Acceptable Use

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:

Violation of this Acceptable Use policy may result in immediate account termination without refund, and we reserve the right to pursue all available legal remedies.

8. Intellectual Property

8.1 Ownership

All right, title, and interest in and to the App — including but not limited to the Scripture Power name and brand, logos, icons, mascot characters (including the Nephi character), graphics, user interface designs, game mechanics, game modes, scoring systems, progress tracking systems, software code, and all other creative content — are the exclusive property of MMC Media LLC or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

8.2 License Grant

Subject to your compliance with these Terms, MMC Media LLC grants you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the App solely on your personal iOS device(s) for your personal, non-commercial use. This license does not include the right to: (a) sell, resell, or commercially exploit the App; (b) distribute copies of the App; (c) publicly display or perform any portion of the App; or (d) sublicense any rights in the App to third parties.

8.3 Scripture Texts

Scripture texts used within the App are drawn from public domain sources and/or openly licensed religious texts. Inclusion of scripture texts in the App does not constitute a claim of ownership over those texts by MMC Media LLC. The selection, arrangement, presentation, gamification, and associated instructional content around those texts are proprietary to MMC Media LLC.

8.4 Feedback

If you submit feedback, suggestions, or ideas to us regarding the App ("Feedback"), you grant MMC Media LLC a worldwide, perpetual, irrevocable, royalty-free license to use, incorporate, and commercially exploit that Feedback in any manner without restriction or compensation to you.

8.5 DMCA / Copyright Takedown Procedure

We respect the intellectual property rights of others and comply with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. If you believe that content in the App infringes your copyright, please send a written notice containing the following information to our Designated DMCA Agent:

  1. A physical or electronic signature of the copyright owner or an authorized agent;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the infringing material and information sufficient to locate it;
  4. Your contact information (name, address, telephone, email);
  5. A statement that you have a good faith belief that the use is not authorized by the copyright owner;
  6. A statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

DMCA Agent Contact: support@scripturepower.app — Subject: "DMCA Takedown Notice"

We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing material. Counter-notifications may be submitted per 17 U.S.C. § 512(g).

9. Privacy

Your privacy is important to us. Please review our full Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains what data we collect, how we use it, what we do not collect, and your rights. Key points:

10. Disclaimer of Warranties

THE APP AND ALL CONTENT, FEATURES, AND SERVICES PROVIDED THROUGH THE APP ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MMC MEDIA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR FREE FROM OTHER HARMFUL COMPONENTS; (D) WARRANTIES THAT DEFECTS WILL BE CORRECTED; AND (E) WARRANTIES AS TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE APP.

You assume full responsibility for your use of the App. No oral or written information or advice given by MMC Media LLC or its employees, agents, or representatives shall create any warranty. Some jurisdictions do not allow the exclusion of implied warranties; in such jurisdictions, the foregoing exclusions apply to the fullest extent permitted by applicable law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MMC MEDIA LLC, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLE DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE APP; (B) ANY CONTENT OBTAINED FROM OR THROUGH THE APP; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE APP; OR (E) ANY OTHER MATTER RELATING TO THE APP — REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

AGGREGATE MAXIMUM LIABILITY: Notwithstanding anything to the contrary in these Terms, MMC Media LLC's total aggregate liability to you for all claims of any kind arising out of or relating to these Terms, your use of the App, or any content or services provided through the App shall not exceed the greater of: (a) the total amounts actually paid by you to MMC Media LLC for the App in the twelve (12) month period immediately preceding the event giving rise to the claim; or (b) Twenty-Five Dollars (U.S. $25.00).

The foregoing limitation of liability reflects a reasonable allocation of risk. MMC Media LLC would not be able to provide the App at the prices charged without these limitations. You acknowledge that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Some jurisdictions do not allow the limitation of certain types of liability. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless MMC Media LLC and its officers, directors, members, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to:

We reserve the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate with us in asserting any available defenses. You agree not to settle any matter subject to indemnification without our prior written consent.

13. Termination

13.1 Termination by Us

We may, in our sole discretion, with or without cause, with or without prior notice, immediately suspend or permanently terminate your access to all or any part of the App if we determine that you have violated these Terms, applicable law, or for any other business reason. Termination for violation of these Terms is effective immediately. We shall not be liable to you or any third party for any termination of your account or access to the App.

13.2 Termination by You

You may terminate your account at any time by:

Deleting the App from your device does not automatically cancel your subscription; you must cancel through Apple's subscription management settings.

13.3 Effect of Termination

Upon termination of your account:

13.4 Survival

The following sections shall survive any termination of these Terms and continue in full force and effect: Section 3 (No Affiliation), Section 8 (Intellectual Property), Section 10 (Disclaimer of Warranties), Section 11 (Limitation of Liability), Section 12 (Indemnification), Section 16 (Mandatory Arbitration and Class Action Waiver), Section 17 (Governing Law and Venue), Section 20 (General Provisions), and any other provisions that by their nature should survive termination.

14. Modification of Terms

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

Your continued use of the App following the posting of revised Terms constitutes your acceptance of and agreement to be bound by the revised Terms. If you do not agree to the revised Terms, you must stop using the App and may terminate your account.

If a modification materially and adversely affects your legal rights (other than as permitted by applicable law), we will provide at least 30 days' advance notice before the modification becomes effective, and you may terminate your account during that period without penalty.

15. DMCA and Copyright

MMC Media LLC respects intellectual property rights. Our full DMCA takedown procedure is set forth in Section 8.5 of these Terms. If you believe that content available through the App infringes your copyright, please submit a written notice to support@scripturepower.app with the subject line "DMCA Takedown Notice" including all information required by 17 U.S.C. § 512(c)(3).

Repeat infringers: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating accounts of users who are deemed to be repeat infringers.

16. Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH MMC MEDIA LLC ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

16.1 Agreement to Arbitrate

You and MMC Media LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the App, the Website, or your use of any services provided by MMC Media LLC — including but not limited to any privacy claims, data claims, claims arising under any state or federal statute (including but not limited to the California Invasion of Privacy Act (CIPA), the Electronic Communications Privacy Act, the Stored Communications Act, the California Consumer Privacy Act, or any other state or federal privacy law), tort claims, contract claims, or any other legal or equitable theory of recovery — shall be resolved exclusively by final and binding individual arbitration, and not in a court of law, except as provided in Section 16.7 below.

16.2 Arbitration Rules and Procedure

Arbitration shall be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitration shall be conducted in the English language. Unless you and MMC Media LLC agree otherwise, arbitration shall take place in Salt Lake County, Utah, United States, or, at your election, by telephonic, video, or written submission if the amount in controversy is less than $25,000 and no hearing is requested by either party.

The arbitrator shall be empowered to award any relief that would be available in a court of law, except that the arbitrator shall not have authority to award relief on a class, collective, or representative basis. The arbitrator's decision shall be in writing and shall be final and binding on the parties, subject only to those grounds for review set forth in the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).

16.3 Governing Law for Arbitration

The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section 16 and preempts all state laws to the contrary. If the Federal Arbitration Act is found inapplicable, the arbitration laws of the State of Utah shall govern.

16.4 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees shall be governed by the AAA's Consumer Arbitration Rules. If the amount in controversy is less than $75,000 and you are not seeking injunctive relief, MMC Media LLC will pay all AAA filing and administration fees. Each party shall pay its own attorneys' fees and costs, except that the arbitrator may award attorneys' fees to the prevailing party where permitted by applicable law or where the other party's claim or defense was frivolous.

16.5 CLASS ACTION WAIVER

WAIVER OF CLASS ACTION AND REPRESENTATIVE PROCEEDINGS: YOU AND MMC MEDIA LLC EXPRESSLY WAIVE THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING IN ANY FORUM. ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE SHALL BE DETERMINED SOLELY BY A COURT OF COMPETENT JURISDICTION SITTING IN SALT LAKE COUNTY, UTAH, AND NOT BY THE ARBITRATOR.

16.6 Jury Trial Waiver

TO THE EXTENT THAT ANY DISPUTE IS NOT SUBJECT TO ARBITRATION UNDER THIS SECTION, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.

16.7 Small Claims Court; Injunctive Relief

Notwithstanding the agreement to arbitrate, either party may bring an individual action in small claims court in Salt Lake County, Utah, provided the dispute qualifies and remains in small claims court. Additionally, either party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction in Salt Lake County, Utah, to prevent irreparable harm or preserve the status quo pending arbitration, without waiving the right to arbitrate.

16.8 Pre-Arbitration Dispute Resolution

Before initiating arbitration, you agree to first contact MMC Media LLC at support@scripturepower.app with a written description of your dispute, the amount involved, and the relief you seek. MMC Media LLC will attempt to resolve your dispute within 30 days. If the parties are unable to resolve the dispute within 30 days after your notice, either party may proceed with arbitration.

16.9 Severability of Arbitration Provision

If any portion of this Section 16 is found to be unenforceable or unlawful for any reason — including but not limited to findings that it is unconscionable or that it prevents the vindication of a statutory right — that portion shall be severed from these Terms and the remainder of this Section 16 shall continue in full force and effect. If the class action waiver in Section 16.5 is found unenforceable, the entirety of Section 16 shall be null and void, and any dispute shall be litigated in the courts specified in Section 17.

16.10 Opt-Out Right

You have the right to opt out of this arbitration agreement and class action waiver by sending written notice to support@scripturepower.app with the subject line "Arbitration Opt-Out" within 30 days of first accepting these Terms. Your notice must include your name, email address associated with your account, and a clear statement that you are opting out of arbitration. If you opt out, any disputes shall be resolved as provided in Section 17 (Governing Law and Venue), and the class action waiver in Section 16.5 shall remain in effect to the maximum extent permitted by law.

17. Governing Law and Venue

These Terms and all disputes arising out of or relating to these Terms, the App, or your relationship with MMC Media LLC shall be governed by and construed in accordance with the laws of the State of Utah, United States, without regard to Utah's conflict-of-law principles that would cause the application of the laws of any other jurisdiction.

For any disputes not subject to arbitration under Section 16, or where the arbitration provision is found unenforceable, you irrevocably consent to the exclusive personal jurisdiction and venue of the state and federal courts located in Salt Lake County, Utah. You waive any objection to venue or personal jurisdiction in such courts, including any objection based on inconvenient forum.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Notice to Users in States with Mandatory Forum Laws: To the extent any state law requires disputes to be resolved in a particular venue that cannot be waived by contract, we do not waive any rights we may have under those laws. However, to the fullest extent permitted by applicable law, disputes shall be resolved as provided in Section 16 and this Section 17.

18. Third-Party Services and Links

The App may contain links to or integrations with third-party websites, applications, or services (including Apple App Store, RevenueCat, and Supabase). These third-party services are governed by their own terms of service and privacy policies, and MMC Media LLC assumes no responsibility or liability for the practices of those third parties.

Your use of third-party services is at your own risk and subject to the third parties' own terms. You acknowledge and agree that MMC Media LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused by your use of any third-party services.

19. Export Controls and Compliance

You agree to comply with all applicable export control laws and regulations. You may not use or download the App if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department's list of Specially Designated Nationals. By using the App, you represent and warrant that you are not located in any such country and are not on any such list.

20. General Provisions

20.1 Entire Agreement

These Terms (together with the Privacy Policy and any additional terms applicable to specific features of the App) constitute the entire agreement between you and MMC Media LLC with respect to the App and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral, regarding the App. No prior drafts of these Terms shall be used in the interpretation or construction of these Terms.

20.2 Severability

If any provision of these Terms is held by a court of competent jurisdiction or an arbitrator to be invalid, illegal, or unenforceable for any reason, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall continue in full force and effect as if these Terms had been executed without the invalid provision. The invalidity or unenforceability of one provision shall not affect any other provision of these Terms.

20.3 Waiver

No failure or delay by MMC Media LLC in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default. Any waiver must be in writing and signed by an authorized representative of MMC Media LLC to be effective.

20.4 Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of MMC Media LLC. We may assign, transfer, or delegate our rights and obligations under these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets. Any attempted assignment by you in violation of this Section shall be null and void.

20.5 Notices

Any notices or other communications required under these Terms shall be in writing and sent by email to: support@scripturepower.app (for notices to MMC Media LLC) or to the email address associated with your account (for notices to you). Notices are effective upon confirmed receipt.

20.6 Force Majeure

MMC Media LLC shall not be liable for any delay or failure in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, government actions, pandemics, internet or server outages, third-party service failures, or other events outside our control.

20.7 Relationship of the Parties

Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or franchise relationship between you and MMC Media LLC. You are an independent user of the App.

20.8 No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any third party. These Terms are solely for the benefit of MMC Media LLC and you.

20.9 Headings

Section headings in these Terms are for convenience only and shall not affect the interpretation of any provision.

20.10 Electronic Acceptance

You agree that your electronic acceptance of these Terms (by clicking "I Agree," creating an account, or using the App) constitutes your signature and has the same legal effect as a handwritten signature on a physical document.

21. Contact Us

For questions, concerns, or requests regarding these Terms of Service, please contact:

For legal notices and formal legal correspondence, please send to support@scripturepower.app with the subject line: "Legal Notice — MMC Media LLC."

These Terms of Service were last updated on February 18, 2026. MMC Media LLC reserves the right to update these Terms at any time consistent with the terms described herein.