This End User License Agreement (EULA) is a legal agreement between Team Avail (Licensor, us or we) and you (End-user or you). This EULA governs your use of any mobile application software or application, including all related documentation the (App) provided to you by or on behalf of Licensor. We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any App Store provider or operator from whose site the End-user downloaded the App (Appstore Rules). The App is licensed, not sold to you. We remain the owners of the App at all times.
IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSEE, WE WILL NOT LICENSE THE APP TO YOU AND YOU MUST STOP THE DOWNLOADING OR INSTALLING OR PROCESS NOW AND DELETE IT FROM YOUR MOBILE DEVICE.
Operating system requirements if using an iOS device, to use the app, internet access and iOS 10 or above is required.
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App (or any Service), unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source licence may override some of the terms of this EULA.
1.2 We may change these terms at any time without prior notice. The new terms will be available via your App.
1.3 From time to time, we may issue updates to the App. Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular feature or functionality. Based on your mobile Device setting, when your mobile Device is connected to the Internet either: the application will either automatically download and install all available Updates; or you may receive a notice or be prompted to download and install available Updates. Depending on the Update, you may not be able to use the Services until you have downloaded or installed the latest version of the App. You further agree that all Updates will be deemed part of the application and be subject to the terms and conditions of this Agreement.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld Devices that are controlled, but not owned, by you and described in this EULA (Devices), to download, or install the App onto the Devices. You and they may be charged by your and their service providers for Internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not you own it.
2) LICENSE GRANT
2.1 In consideration of you agreeing to abide by the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the App on the Devices, subject to this EULA and the App Store rules, incorporated into this EULA by reference. We reserve all other rights.
2.2 You may:
(a) Download, install a copy of the App onto your Devices for your personal purposes only; (b) download and use on your Device the Content and Services made available in or otherwise accessible through the App, strictly in accordance with this EULA.
3) LICENCE RESTRICTIONS
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App except where such copying is incidental to normal use of the App, or as expressly permitted by this license; (b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App; (c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs; (d) not to disassemble, decompile, reverse-engineer, decode, otherwise attempt to derive or gain access to the source code of the App or any part thereof, or create derivative works based on the whole or any part of the App or attempt to do any such thing; (e) not to remove, delete, alter or obscure any trademark or any copyright, patent or other intellectual property or proprietary rights notices from the App, including any copy thereof; (f) to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App; (g) to include our copyright notice on all entire and partial copies you make of the App on any medium; (h) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person; and (i) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology), together Licence Restrictions.
4) ACCEPTABLE USE RESTRICTIONS
(a) not use the App or Service or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, the Service or any operating system; (b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service or any Service; (c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service or any Service; (d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and (e) not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5) COLLECTION AND USE OF YOUR INFORMATION
By using the App or any of the services, you consent to us collecting and using information you provide, technical and other information about the Devices and related software, hardware and peripherals for services that are internet-based or wireless to improve our products and to provide any services to you. You also may be required to provide certain information about yourself, including for example, your Twitter account credentials, as a condition to downloading, installing or using the App or certain of its features or functionalities. Certain services, including but not limited to the App will make use of location data sent from the Devices. You can turn off this functionality at any time by turning off the location services settings for the App on the Device. If you use these services, or this function for the App, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may withdraw this consent at any time by turning off the location services settings on the Device. Some parts of the App may not work if the Device location are disabled.
6) THIRD PARTY CONTENT/THIRD PARTY SOFTWARE
6.1 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
7) INTELLECTUAL PROPERTY RIGHTS
7.1 You acknowledge that all intellectual property rights in the App, the Service and the Technology anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Service or the Technology other than the right to use each of them in accordance with the terms of this EULA.
7.2 You acknowledge that you have no right to have access to the App in source-code form.
8) LIMITATION OF LIABILITY
8.1 The use of the App is at your risk. The App is provided on an “AS IS.” And “AS AVAILABLE” basis. Except as required by law, Licensor, gives no warranty, express or implied as to the quality, content and availability or fitness for a specific purpose of the App. We do not warrant that defects in the App will be corrected.
8.2 You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App meet your requirements.
8.3 We only supply the App, and the Service for domestic and private use. You agree not to use the App, and the Service for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.4 Nothing in this EULA shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; and any other liability that cannot be excluded or limited by United States Law
9.1 This EULA is effective until terminated. Your rights under this EULA are terminable by Licensor at anytime without notice. Further, we will terminate this EULA immediately if you violate or breach any terms of this EULA.
9.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease; (b) you must immediately cease all activities authorised by this EULA, including your use of the Service; (c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App in your possession, custody or control and certify to us that you have done so; and (d) termination will not limit any of our rights or remedies at law of in equity.
10) COMMUNICATION BETWEEN US
10.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can email us.
We will confirm receipt of this by contacting you in writing, by e-mail. If we have to contact you or give you notice in writing, we will do so by e-mail.
11) EVENTS OUTSIDE OUR CONTROL
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control including failure of public or private telecommunications networks.
You agree to indemnify, defend and hold harmless Company and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including (reasonable) attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of this Agreement. Furthermore, you agree that Licensor assumes no responsibility for the content you submit or make available through this App. In no event shall Licensor, its affiliates, directors, employees or licensors be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption or computer failure) arising out of your use of or inability to use the App or any errors, viruses or bugs contained in the App, even if you have advised us of the possibility of such loss. Your only right or remedy with respect to any problems or dissatisfaction you have with the App is to uninstall it or stop using it. You may terminate this EULA at any time by uninstalling the App from your Device.
Other important terms
12.1 We may transfer our rights and obligations under this EULA to another organization, but this will not affect your rights or our obligations under this EULA.
12.2 You may only transfer your rights or obligations under this EULA to another person if we agree in writing.
12.3 If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
12.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
12.5 Please note that this EULA, its subject matter and its formation, are governed by United States law. You and we both agree that the courts of the United States will have exclusive jurisdiction.