PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS. PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE INFORMATION ABOUT FUTURE CHANGES TO THESE TERMS, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND AN AGREEMENT TO RESOLVE DISPUTES BY ARBITRATION INSTEAD OF BY A COURT PROCEEDING. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Effective Date: December 1, 2019
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APP (DEFINED BELOW) TO YOUR DEVICE, “YOU” (MEANING YOU PERSONALLY OR THE COMPANY YOU REPRESENT AND ON WHOSE BEHALF YOU ARE FULLY AUTHORIZED TO ENTER THIS AGREEMENT) ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT (“AGREEMENT”). IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT DOWNLOAD, INSTALL, ACCESS, OR USE THE APP. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
- GRANT. Subject to the terms of this Agreement, Recentralized Corporation (“Company”) hereby grants you (and only you) a limited, personal, non-sublicensable, non-transferable, royalty-free, nonexclusive license to use internally the application that you are about to download (“App”) only in accordance with the Company documentation that accompanies it.
- RESTRICTIONS. You may not (and agree not to, and not authorize or enable others to), directly or indirectly: (a) copy, distribute, rent, lease, timeshare, operate a service bureau, or otherwise use for the benefit of a third party, the App; (b) disassemble, decompile, attempt to discover the source code or structure, sequence and organization of, or otherwise reverse engineer, the App (except to the extent applicable law prohibits restrictions on reverse engineering); or © remove any proprietary notices from the App. You understand that Company may modify or discontinue offering the App at any time.
- SUPPORT AND UPGRADES. This Agreement does not entitle you to any support, upgrades, patches, enhancements, or fixes for the App (collectively, “Updates”). Any such Updates for the App that may be made available by Company shall become part of the App and subject to this Agreement.
- APP STORE PURCHASES
- App Store. You acknowledge and agree that the availability of the App is dependent on the third party stores from which you download the App, e.g., the App Store from Apple or the Android app market from Google (each an “App Store”). Each App Store may have its own terms and conditions to which you must agree before downloading mobile applications from such store, including the specific terms relating to Apple App Store set forth below. You agree to comply with, and your license to use the App is conditioned upon your compliance with, such App Store terms and conditions. To the extent such other terms and conditions from such App Store are less restrictive than, or otherwise conflict with, the terms and conditions of this Agreement, the more restrictive or conflicting terms and conditions in this Agreement apply.
- In-App Purchases. Through the App, you may purchase (“In-App Purchase”) certain goods or features designed to enhance the performance of the App. When you make an In-App Purchase, you are doing so through either the Apple iTunes service or the Google Play service and you are agreeing to their respective Terms and Conditions, available at http://www.apple.com/legal/internet-services/itunes/us/terms.html and http://play.google.com/intl/en_us/about/play-terms.html). Company is not a party to any In-App Purchase. Any refunds relating to the App or inquiries regarding refunds relating to the App shall be handled solely by the applicable App Store in accordance with such App Store’s terms and conditions.
- APPLE APP STORE TERMS. The following additional terms also apply to the App available via the Apple, Inc. (“Apple”) App Store:
- Both you and Company acknowledge that the Terms are concluded between you and Company only, and not with Apple, and that Apple is not responsible for the App;
- The App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the App;
- You will only use the App in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any Updates or other maintenance and support services with respect to the App;
- In the event of any failure of the App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the App;
- You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the App;
- You acknowledge and agree that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Company acknowledge and agree that, in your use of the App, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; and
- Both you and Company acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third-party beneficiary hereof.
- THIRD PARTY SERVICES. The App may contain links or API connections to third party websites or services that are not owned or controlled by or affiliated with Company. When you access third party websites or use third party services, you accept that there are risks in doing so, and that Company is not responsible for such risks. Company has no control over, and assumes no responsibility for, the content, accuracy, availability, privacy policies, or operation of any third party websites or services that you interact with through the App. In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party website or service. Any exchange of data or other interaction between you and a third party provider is solely between you and such third party provider and is governed by such third party’s terms and conditions. By using the App, you release and hold us harmless from any and all liability arising from your use of any third party website or service.
- DATA ANALYTICS. Company does not (and does not allow any third party service to) collect any personally identifiable information from you, whether through the App or otherwise. You acknowledge and agree that Company may freely collect and use and non-personally identifiable information or data collected by or generated by Company in connection with your use of the App (but only in aggregate, anonymized form which can in no way be linked specifically to you or any individual) for Company’s business purposes, including to improve the App. Company may use third party analytics services, such as Amplitude, Google Firebase, and RevenueCat, to improve and develop the App, monitor and analyze use of the App, aid Company’s technical administration, and to increase the functionality and user-friendliness of the App.
- CHANGES TO THE APP AND THIS AGREEMENT. Company may suspend or discontinue any part of the App, or Company may introduce new features or impose limits on certain features or restrict access to parts or all of the Company. Company will attempt to give you notice when a material change is made to the App that would adversely affect you, but this is not always practical. Company reserves the right to modify this Agreement at any time; if Company makes any modification to this Agreement that Company determines is material, Company will place a notice on its site located at www.seriesapp.io or make a notice available by some other means. If you use the App in any way after a change to this Agreement is effective, then you hereby agree to all of such changes in this Agreement. Except for changes by Company as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and Company.
- WARRANTY DISCLAIMER. COMPANY PROVIDES The APP “AS IS” and without warranty of any kind, AND COMPANY hereby disclaims all express or implied warranties, including without limitation warranties of merchantability, fitness for a particular purpose, PERFORMANCE, ACCURACY, RELIABILITY, and non-infringement. This disclaimer of warranty constitutes an essential part of this Agreement.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL COMPANY OR ITS LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM YOUR USE OF THE APP OR (B) ANY AMOUNT IN EXCESS OF $100.
- TERMINATION. You may terminate this Agreement and the license granted herein at any time by destroying or removing from all computers, networks, and storage media all copies of the App. Company may terminate this Agreement and the license granted herein immediately if you breach any provision of this Agreement. Upon receiving notice of termination from Company you will destroy or remove from all computers, networks, and storage media all copies of the App. Sections 2 through 12 shall survive termination of this Agreement.
- MISCELLANEOUS. You shall comply with all applicable export laws, restrictions and regulations in connection with your use of the App, and will not export or re-export the App in violation thereof. This Agreement is personal to you and you shall not assign or transfer the Agreement or the App to any third party under any circumstances; Company may assign or otherwise transfer this Agreement without consent. This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by and construed under California without regard to any conflicts of law provisions thereof. If you have any questions, comments, or concerns regarding this Agreement or the App, please contact Company at firstname.lastname@example.org