Rejection Therapy Inc.
End User License Agreement
Revised November 2018
By installing and using this software, you are agreeing to be bound by the terms of this End User License Agreement (the “License”). This License is a legally binding agreement between you and Rejection Therapy Inc., a Delaware corporation (“RTh”) governing your use of the DareMe software (the “Software”) and documentation (if any) accompanying this License. You acknowledge that Apple is not a party to this agreement and is not responsible for any of RTh’s obligations hereunder. You agree that your use of the Software signifies that you have read this License, understand it, and that you agree to be bound by its terms and conditions. If you are the parent or legal guardian of an intended user of the Software, you are individually responsible for the obligations hereunder and for taking reasonable actions to ensure that the child complies with the terms of this License.
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS LICENSE. IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THE TERMS OF THIS LICENSE, PLEASE CONTACT RTH AT [ firstname.lastname@example.org ]. IF, PRIOR TO DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE OR SERVICES, YOU DECIDE YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR THE SOFTWARE.
1. Services. “Service” means any RTh service provided to you including any service for which you subscribe, and any new RTh service or modification to an existing RTh service that RTh provides, or otherwise makes available to You from time-to-time. The definition of the Service includes any service we may provide, however same is made available to you including through handheld devices, the RTh website, and any form of messaging including e-mail, instant messaging, SMS, phone, video, IP telephony, and any other means of telecommunication now known or later developed. RTh may change the Services or add or delete features at any time for any reason.
2. Grant of Limited License. As used herein, “Software” means any RTh software or application provided to you under this License, in whatever form, medium or manner provided or subsequently installed or used including updates, new releases and versions. RTh hereby grants you a non-exclusive, personal and limited license to install and use the Software in the 50 United States (excluding its territories and possessions) on a single device, together with all information, text, images and other data contained within the Software (the “Content”). You acknowledge that the Software is licensed, and not sold, to you. You may not use the Software or any Content for any commercial purpose. This License does not allow the Software or any Content to exist on more than one device at a time. You may not decompile, reverse engineer, or disassemble the Software or any Content. You may not modify, rent, lease, loan, sublicense, distribute, transmit, share (over a network or otherwise) or create derivative works based upon, the Software or any Content. You may only use the Software and the Content in the 50 United States (excluding its territories and possessions). This license does not authorize you to use the Software or Content in any manner other than that set forth herein.
3. Acceptable Use. You agree to use the Challenges and all other features of the Software only for information purposes. By using the Software, you acknowledge that you assume sole responsibility for safe use of the Software and the information and service it facilitates. You are authorized to use the Software only for the purposes described in the documentation. You may not use the Software in a manner which would violate any law or which facilitate or encourage anyone else to violate any law or to violate the intellectual property rights or any other rights of others. You are the author of your own information, and you assume sole responsibility for the content of such information. You are advised to consider carefully the content of your information. If you undertake any DareMe challenge (a “Challenge”) through your use of the Software, you are solely responsible for your actions in connection with doing so. The Challenges are provided for information and entertainment purposes, and if you choose to complete a Challenge, you assume sole liability for the consequences of your actions. You agree to defend, indemnify and hold RTh harmless against any third party claims or damages which may result from your actions.
4. Usage Restrictions. You agree not to engage in unacceptable use of the Software, including but not limited to the following activities: (i) creating a false identity or otherwise attempting to mislead any person as to your identity or the origin of any data or communication transmitted through the Software; (ii) intentionally entering false information using the Software; (iii) disseminating or transmitting any data that does not pertain to the intended use of the Software or that contain anything that is obscene, defamatory, harassing, offensive, or malicious; (iv) disseminating or transmitting files, graphics, software, or other material that actually or potentially infringes the intellectual property right of any person or entity; (v) exporting, re‐exporting, or otherwise transmitting data, information, or software in violation of any applicable export or import law, regulation, or restriction; (vi) interfering with, disrupting, or attempting to gain unauthorized access to information or other accounts making use of the Software; (vii) attempting to copy, modify, or reverse engineer the Software; (viii) using the Software without first agreeing to this License, as it may be amended from time to time; (ix) using the Software in a manner that exploits or violates the personal privacy of another individual; (x) violating any law or committing any unethical acts in Your performance of any Challenge; and (xi) engaging in any other activity deemed by RTh to be in conflict with the spirit or intent of this License or the intended use of the Software. Additionally, you shall not: (i) take any action that imposes or may impose (as determined by RTh in its sole discretion) an unreasonable or disproportionately large load on RTh's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or (iii) bypass any measures RTh may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services).
5. Feature Limitations. Your access to and use of the Software and the features available to you will depend on the capabilities of your mobile device, arrangements (if any) between RTh and any applicable business partner(s), the services provided by your mobile services provider, and your specific subscription for the Services. Information provided in any advertisement, marketing material, or RTh’s website (“Service Description”) may describe features or benefits that may be available only to a limited audience and are not available to you because of the limitations imposed by your mobile services provider, particular mobile device, or subscription. It is solely your responsibility to determine the features of the Software that are available to you through your own investigation or by contacting the RTh’s customer service department.
6. User Responsibilities. You hereby agree and understand that it is solely your responsibility to: (i) participate in any Challenges you undertake only in a safe, legal and responsible manner; (ii) properly download and install the Software from an authorized site; (iii) use a compatible mobile device that is in good working order, including, without limitation, having sufficient battery life and file storage space necessary for the proper operation of the Software; (iv) obtain the necessary services for the proper operation of the Software from an approved mobile carrier; (v) maintain an account in good standing with an approved mobile carrier, including, without limitation, paying for any charges related to the use of your mobile device (including, without limitation, charges related to cellular transmissions, SMS or other text messaging, and other data transmissions) even if those charges arise as a result of using the Software; (vi) pay for all charges arising from the use of the Software and the Services; (vii) properly download and install any updates to or new versions of the Software that are applicable to your mobile device; (viii) properly download and install the mobile device’s operating system that is required for the proper operation of the Software; and (ix) be solely responsible for any and all external costs associated with your use of the Software.
7. Eligibility. You represent, and by using the Software, you warrant that if you are an individual, you are of legal age 18 to form a binding contract, and that all registration and other information you submit or provide to RTh is accurate and truthful. RTh may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions. Notwithstanding the foregoing restriction, if you are the parent or legal guardian of a child to whom you nonetheless make available the Software, you assume sole and complete responsibility for the obligations hereunder and for ensuring full compliance with the terms of this License.
8. Payment Terms. Payment for the Services shall be governed by the specific terms agreed upon during registration; as such“” terms may change at the end of each payment cycle at the discretion of RTh. All charges for the Services shall be due and payable in advance of services provided in the increments agreed upon during registration (e.g., monthly, quarterly, or annually) until the service is cancelled or otherwise terminated. PAYMENT FOR THE SERVICES WILL AUTOMATICALLY RECUR ON THE RENEWAL DATE UNLESS YOU CANCEL THE SERVICE IN ADVANCE OF SUCH RENEWAL DATE. You agree to pay all federal, state and local taxes, and other fees and service charges that RTh is required by law to collect and remit to the government for the services provided to you. RTh will provide thirty (30) days advance notice of the effective date of any changes to the pricing of the Services or material reduction in the Services features or functions. Unless you cancel your subscription to the Services during that thirty (30) day period, you agree to the revised pricing provided in the notification to apply from the effective date and going forward. You will not be entitled to a refund if you cancel your subscription to the Services; however, RTh will continue to provide the Services through the paid‐for subscription period.
9. Ownership. RTh retains all right, title and interest in and to the Software and the Content, including, but not limited to all intellectual property rights, and excluding any personal data or content created by you. The Software and Content are protected by the copyright laws of the United States and international copyright treaties. You agree to use your best efforts to prevent and protect the Software and Content from unauthorized disclosure or use. This License does not grant to you any intellectual property right in or relating to the Software or Services, other than as expressly set forth herein. RTh and/or its licensors and suppliers reserve all rights not expressly granted to you.
10. User Generated Content. By transmitting any message, communication, information or data including photos, text, Challenge status information (“User Generated Content”), you grant RTh and its affiliates an irrevocable license to collect, use, store, handle, reproduce, display, perform, and transmit such User Generated Content, solely for the purpose of providing the Services. You represent and warrant, and can demonstrate to RTh's full satisfaction upon request that you (a) own or otherwise control all rights to all User Generated Content, or that the User Generated Content is in the public domain, (b) you have the permission to use the name and likeness of each identifiable individual person in such User Generated Content and to use such individual's identifying or personal information as contemplated by this License, and (c) you are authorized to grant all of the aforementioned rights to the User Generated Content to RTh. RTh welcomes any ideas for Challenges, suggestions, or feedback, related to its Software or Services or for upgrades, updates, improvements, new features or functions thereto (“Ideas”). If you provide RTh with any Ideas, whether orally, in writing, or in any other way, you grant RTh a non-exclusive, worldwide, royalty-free, sub-licensable and non-revocable license to develop, make, have made, reproduce, have reproduced, import, modify, make derivative works of, sell, and offer to sell Ideas as part of RTh's technology, products or services. You shall not knowingly provide RTh with any Ideas that are subject to third party intellectual property rights or that include or reveal any confidential information of any person.
11. Updates. The Software may include functionality to automatically check for updates or upgrades to the Software. You hereby agree that RTh has the right, but not the obligation, to make such updates or upgrades available to you from time-to-time. Such updates or upgrades shall be subject to the terms and conditions of this License unless the Software or Service is expressly provided to you under other, or additional terms and conditions, in which case, those other, or additional terms and conditions (which may include the payment of additional fees), shall apply. Non-current versions of the Software are not supported, and use of any non-current version of the Software is at your own risk.
12. DISCLAIMER OF WARRANTY. YOU ASSUME SOLE RESPONSIBILITY FOR THE SAFE USE OF THE SOFTWARE AND FOR THE SAFETY OF YOURSELF AND ANYONE WHO MAY ACCESS DATA YOU MAINTAIN USING THE SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE AND PARTICIPATION IN CHALLENGES IS AT YOUR SOLE RISK. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RTH FURTHER DISCLAIMS ALL WARRANTIES; INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND CHALLENGES REMAINS WITH YOU. RTh DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO INFORMATION OR ADVICE (WHETHER ORAL, WRITTEN, VISUAL OR OTHERWISE) GIVEN BY RTh OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTY.
15. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL RTH BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF RTh HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. RTh has no responsibility for providing you with connectivity to the Internet, wireless access, or any other telecommunications services necessary for you to receive or interact with the Software or services. You assume sole responsibility for enabling and keeping active the location tracking features (e.g. GPS, etc.) of your mobile device when you are using the Software, and in no event shall RTh be responsible for any damages resulting from your failure to do so. You assume sole liability for any damages arising from your modifications or attempts to modify the software. In no event shall RTh’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT CONSTITUTE AN ESSENTIAL ELEMENT OF THE AGREEMENT BETWEEN THE PARTIES AND THAT IN THE ABSENCE OF SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS, THE FEES AND OTHER TERMS IN THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT. IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET OUT ABOVE, NO DIRECTOR, EMPLOYEE, AGENT, OR AFFILIATE OF RTh SHALL HAVE ANY LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE SOFTWARE, THE SERVICES, OR YOUR PARTICIPATION IN ANY CHALLENGE.
17. LIMITATION OF REMEDY. ANY CLAIM ARISING FROM OR RELATED TO THIS LICENSE, THE SOFTWARE OR THE SERVICES MUST BE BROUGHT WITHIN ONE YEAR FROM THE DATE WHEN THE CLAIM FIRST COULD BE FILED OR SUCH CLAIM IS PERMANENTLY BARRED.
18. Indemnification. You agree to hold harmless, indemnify and defend RTh and its owners, officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys' fees and costs) arising out of or relating to any claims resulting from your use of the Software, participation in Challenges, or that you have violated any term or condition of this License or have breached any representation made by you in connection with the grant of this License.
19. Termination. Your rights under this License shall terminate automatically if you fail to comply with any of the terms and conditions of this License. No notice shall be required from RTh to effectuate such termination. In addition, RTh may terminate this License and/or immediately cease to provide the Services without any liability whatsoever by providing you with notice of at least thirty (30) days. RTh shall not have any liability to you arising from or related to the termination of this License in accordance with the terms hereof. Upon termination for any reason, you must cease to use and must destroy all copies of the Software.
20. Confidentiality. You agree that the Software was developed at considerable time and expense by RTh and is confidential to and contains valuable trade secrets of RTh. Except to the extent that RTh is expressly precluded by law from prohibiting these activities, you shall not, directly or indirectly: (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms from any part of the Software or Service, or (ii) modify, translate, or otherwise create derivative works of any part of the Software or Services.
22. Third Party Content and Services. The Services or Software may permit you to link to other websites, services or resources on the Internet. When you access third party websites, services or resources, you do so at your own risk. They are not under RTh's control, and you acknowledge that RTh is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites, services, or resources. The inclusion of any such link does not imply endorsement by RTh or any association with its operators. You further acknowledge and agree that RTh shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
23. Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this License, and upon your acceptance of the terms and conditions hereof, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary thereof.
24. Assignment. RTh may assign this License without notice to you. You shall not assign this License without the prior written consent of RTh and any assignment without RTh's prior written consent shall be of no effect. RTh may perform all obligations to be performed under this License directly or may have some or all obligations performed by its contractor or subcontractors or its affiliates.
25. Amendment. Except to the extent that RTh is expressly precluded by applicable law, RTh further reserves the right to make changes to this License either to reflect changes in business practices, or to reflect changes in or required by law, by providing you with reasonable notice of the change either electronically (as contemplated by the Notice provision set forth herein) or by posting notice of the change on [ www.dareme.com/terms/ ]. If you continue to use the Software and/or the Service more than sixty (60) days after notice of the change has been given or you do not contact [email@example.com ], sixty (60) days after notice of the change has been given to inquire as to your options, you shall be deemed to have accepted this change.
26. Notice. Except as otherwise provided in this License, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person, by courier or deposited in the mail, postage prepaid, registered mail, return receipt requested, and addressed (i) to you at the billing address supplied to RTh; and (ii) to Rejection Therapy Inc. at 777 W Middlefield Rd, Mountain View, California 94043 U.S.A. In addition to the foregoing, RTh may, at its option, give you any notice under this License electronically. Electronic notice to you shall be deemed to have been duly given when transmitted to an address furnished by you to RTh. If you do not provide and maintain current contact information (via our website) for purposes of such notices, you acknowledge that RTh will be unable to provide notice to you hereunder.
27. Force Majeure. Notwithstanding any other provision of this License, neither party shall be in default or breach of this License for failure to fulfill its obligations when due to or contributed by causes beyond its reasonable control. An act of Force Majeure shall be deemed to include: an act of god such as without limitation a fire, flood, earthquake, epidemic, volcanic eruption, adverse weather conditions, storm, hurricane or other natural disaster, a strike, lock-out, labor dispute; war, invasion, act of foreign enemy hostilities (whether war has been declared or not), civil war rebellion revolution insurrection or military or usurped power, terrorism, act of sabotage, civil disturbance, blockade, riot, civil commotion, malicious damage, interruption or failure of electricity, power supply, interruption or failure of the internet or other telecommunication facility, network or means of telecommunication, computer virus, or bug, third party computer infiltration, attack by a hacker, governmental restriction, or any other act or circumstance that materially increases or affects the risk or danger to the health or safety of members of the public.
28. Additional Terms applicable to Software for Apple Handheld Devices.
(a) Acknowledgement: The Parties acknowledge that this License is concluded between us only, and not with Apple and that Apple has no responsibility for the Software. Further, nothing herein abrogates or reduces Apple's Usage Rules for the Software or is intended to conflict with, the App Store Terms of Service as of the Effective Date.
(b) Scope of License: The license granted to you for the Software for use on Apple products is limited to a non-transferable license to use the Software on any iPhone or iPod touch that you own or control and as permitted by Apple's Usage Rules set forth in the App Store Terms of Service.
(c) Maintenance and Support: The parties acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Software.
(d) Warranty: In the event of any failure of the Software to conform to the warranty in this License, you may notify Apple, and Apple will refund the purchase price for the Software to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, or for any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty in this License.
(e) Product Claims: The Parties acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection or similar legislation.
(f) Intellectual Property Rights: The Parties acknowledge that, in the event of any third party claim that the Software or your possession and use of that Software infringes that third party's intellectual property rights, that Apple will not be responsible for the investigation, defense, settlement or discharge of any such intellectual property infringement claim.
(g) Third Party Beneficiary: The Parties acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this License, and that, upon your acceptance of the terms and conditions of the License, Apple will have the right (and will be deemed to have accepted the right) to enforce the License against you as a third party beneficiary thereof, as it relates to the rights and benefits conferred upon Apple hereunder.
29. Injunctive Relief. You acknowledge that a violation of this License may cause irreparable harm to RTh, and you agree that, in addition to any other remedies provided by law, RTh shall be entitled to injunctive relief against any such violation without having to post a bond.
30. Enforceability. 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, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof.
31. Governing Law. This License Agreement shall be governed by the laws of the State of California, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts in California.
32. Entire Agreement. This License constitutes the entire agreement of the parties with respect to the subject matter hereof and there are no provisions, understandings, communications, representations, warranties, undertakings, collateral agreements or agreements between the parties relating to the Software or Services other than as set out in this License. This License supersedes any prior or contemporaneous provisions, understandings, communications, representations, warranties, undertakings, collateral agreements and agreements between the parties, whether oral or written, with respect to the subject matter hereof, and you acknowledge that you have not relied on any of the foregoing in agreeing to enter into this License. This License may be amended at any time by RTh.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
BY INDICATING YOUR ACCEPTANCE BY CLICKING ON THE APPROPRIATE BUTTON BELOW, OR BY DOWNLOADING, INSTALLING, ACTIVATING OR USING THE SOFTWARE OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS LICENSE. IF YOU ARE UNWILLING TO AGREE TO THE TERMS OF THIS AGREEMENT, THEN YOU ARE NOT AUTHORIZED TO USE THE SERVICES OR THE SOFTWARE.
© 2018 Rejection Therapy Inc., 777 W Middlefield Rd, Mountain View, California 94043 U.S.A. Rejection Therapy , the RTh logo, “DareMe”, and the “DareMe” logo are trademarks of Rejection Therapy Inc. All rights reserved.