The following End User License Agreement (“Agreement”) governs your use of the Gravie, Inc. application (“App”) made available through the Apple App Store. Throughout this Agreement, we will refer to Gravie, Inc. as “Gravie,” “we,” “us” or “our.” We may refer to you as “you” or “your.”
Please read this Agreement carefully. By downloading, using or registering any aspect of the App, you agree to comply with the terms and conditions contained herein. If you cannot agree with these rules, please do not download, register for or use the App. Please note that the use of the App is subject to your separate registration with Gravie for Gravie’s services as described below. The App will be not function properly without this registration.
- Limited License Grant.
- Scope of License. This license granted to you for the App by Gravie is limited to a terminable, non-sublicensable, nontransferable, non-exclusive license to use the App on any Apple-branded products running iOS (including but not limited to iPad, iPhone, and iPod touch) (“iOS Devices”) or Mac OS X (“Mac Computers”), as applicable (collectively, “Apple Device(s)”) that you own or control and as permitted by the usage rules set forth in the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the App on any Apple Device that you do not own or control, and except as provided in the Usage Rules, you may not distribute or make the App available over a network where it could be used by multiple devices at the same time.
- Terms of Services. To use the App you must separately register for Gravie’s services (“Gravie Services”) on Gravie’s website (http://www.gravie.com/health-insurance-account-signup/). In doing so, you must accept Gravie’s Terms of Services (http://www.gravie.com/terms-of-service/), which are also incorporated into and made a part of this Agreement.
- Limitations of Use. You may not rent, lease, lend, sell, transfer redistribute, or sublicense the App and, if you sell your Mac Computer or iOS Device to a third party, you must remove the App from the Mac Computer or iOS Device before doing so. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of the rights of Gravie and its licensors.You further represent that you shall not (i) use the App or any of the Gravie Services for any illegal or unauthorized purpose, (ii) use the App or any of the Gravie Services in any manner which could damage, disable, overburden or impair any of the Gravie Services, (iii) transmit worms, viruses or any code of a destructive nature, (iv) attempt to hack, destabilize or adapt Gravie’s website, the App (or its source code) or any of the Gravie Services, or alter another website so as to falsely imply that it is affiliated with Gravie, or (vi) use or access any of the Gravie Services by any means other than through the interface provided by Gravie.
- Upgrades. The terms of this license will govern any upgrades provided by Gravie that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
- Apple’s Relationship. You acknowledge and agree that this Agreement is between Gravie and you only, and that Apple, Inc. (“Apple”) is not a party to this Agreement. By accessing this App through an Apple Device, you further acknowledge and agree that: (i) Gravie, not Apple, is solely responsible for the App and its content; (ii) Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary hereof; (iii) the license granted to you under this Agreement is limited to a non-transferable right to use the App on the Apple Device(s) authorized by Apple that you own or control and as permitted by the Usage Rules; (iv) Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App; (v) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the amount you paid for the App, if any (to the maximum amount permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App); (vi) Apple is not responsible for addressing any claims by you or a third party relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (vii) 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, Apple is not responsible for the investigation, defense, settlement and/or discharge of such infringement claim; and (viii) you represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Information and Data.
- Consent to Use Technical Information. You agree that Gravie may collect and use technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the App. Gravie may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you, including the Gravie Services.
- Responsibility for Your Data. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the App any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, sexually graphic, violent or illegal. You agree to refrain from communicating ethnic slurs, religious intolerance, homophobia, and/or personal attacks on or through the App. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the App does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.
- Termination. This Agreement and the license contained herein is effective until terminated by you or Gravie. Your rights under this Agreement will terminate automatically without notice from Gravie if you fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, you shall cease all use of the App and destroy all copies, full or partial, of the App.
- Maintenance and Support. You acknowledge that neither Gravie nor Apple will have any obligation to provide any maintenance or support to the App.
- External Services and Third Party Materials. The App may enable access to Gravie’s and/or third-party services and websites (collectively and individually, “External Services”). Use of the External Services may require Internet access and may require you to accept additional terms.You understand that by using any of the External Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Services at your sole risk and that neither Gravie nor its agents shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.Certain External Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the External Services, you acknowledge and agree that neither Gravie nor its agents is responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Neither Gravie nor its agents warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that the External Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the External Services or in any manner that is inconsistent with the terms of this Agreement or that infringes any intellectual property rights of a third party or Apple. No portion of the External Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the External Services, in any manner, and you shall not exploit the External Services in any unauthorized way whatsoever, including but not limited to, using the External Services to transmit any computer viruses, worms, trojan horses or other malware, or by trespass or burdening network capacity. You further agree not to use the External Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that neither Gravie nor its agents is in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using any of the External Services.
In addition, External Services and Third Party Materials that may be accessed from, displayed on or linked to from the Apple Devices are not available in all languages or in all countries or regions. Gravie makes no representation that such External Services and Materials are appropriate or available for use in any particular location. To the extent you choose to use or access such External Services and Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Gravie reserves the right to change, suspend, remove, or disable access to any External Services at any time without notice. In no event will Gravie be liable for the removal of or disabling of access to any such External Services. Gravie may also impose limits on the use of or access to certain External Services, in any case and without notice or liability.
- Proprietary Rights. All ownership rights in the App and the Gravie Services, including any related documentation and any modifications, and enhancements thereto belong solely to Gravie and its licensors, if any, including all intellectual property rights therein. The App is licensed, not sold. Title does not pass to you. There is no implied license, right or interest granted in any copyright, patent, trade secret, trademark, invention or other intellectual property right. Gravie hereby expressly reserves all rights in the App and Gravie Services which are not expressly granted to you in this Agreement. You may not remove or alter any trademark, logo, copyright or other proprietary notice in or on the App. This license does not grant you any right to use the trademarks, service marks or logos of Gravie or its licensors.
- Indemnification. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, GRAVIE, ITS LICENSORS, AND ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND SUPPLIERS (INCLUDING GRAVIE, COLLECTIVELY THE “GRAVIE PARTIES”), FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LIABILITY, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF (A) YOUR VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) YOUR USE OR MISUSE OF THE APP AND/OR ANY OF THE SERVICES (INCLUDING THE GRAVIE SERVICES), OR (D) YOUR CONTENT OR OTHER COMMUNICATION DISPLAYED OR TRANSMITTED BY MEANS OF THE APP AND/OR ANY OF THE SERVICES (INCLUDING THE GRAVIE SERVICES). If you downloaded the App from the Apple App Store, you acknowledge that, in the event of any third party claim that the Software or Services or your possession and use of the Software or Services infringes any third party’s intellectual property rights, Gravie will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Gravie reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Gravie, and you agree to cooperate with Gravie’s defense of these claims. You agree not to settle any matter without the prior written consent of Gravie.
- NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES (INCLUDING GRAVIE SERVICES) PERFORMED OR PROVIDED BY THE APP ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GRAVIE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES (INCLUDING GRAVIE SERVICES), EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. GRAVIE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN OR SERVICES (INCLUDING GRAVIE SERVICES) PERFORMED OR PROVIDED BY THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES (INCLUDING GRAVIE SERVICES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APP OR SERVICES (INCLUDING GRAVIE SERVICES) WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY GRAVIE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES (INCLUDING GRAVIE SERVICES) PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
USE OF THE APP AND GRAVIE SERVICES MAY INVOLVE THE ELECTRONIC TRANSMISSION OF PERSONAL DATA ACROSS THE NETWORKS OF WIRELESS SERVICE PROVIDERS. BECAUSE WE DO NOT OPERATE OR CONTROL THE WIRELESS NETWORKS USED TO ACCESS GRAVIE SERVICES, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF WIRELESS DATA TRANSMISSIONS.
- Limitation of Liability. IN NO EVENT SHALL GRAVIE BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, FOR ANY LOSSES, LIABILITIES, CLAIMS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, OR ANY OTHER DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE APP AND/OR ANY OF THE SERVICES (INCLUDING GRAVIE SERVICES), THIS AGREEMENT OR THE PERFORMANCE, SUSPENSION, TERMINATION OR BREACH HEREOF, EVEN IF GRAVIE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. GRAVIE SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM THIS AGREEMENT OR USE OF THE APP OR ANY OF THE SERVICES (INCLUDING GRAVIE SERVICES). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. As some jurisdictions do not allow some of the exclusions or limitations set forth above, some of these exclusions or limitations may not apply to you. In such event the liability of Gravie will be limited to the maximum extent possible under applicable law. THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED BY THIRD PARTIES OTHER THAN GRAVIE AND RECEIVED THROUGH OR ADVERTISED ON THE APP OR THROUGH THE SERVICES (INCLUDING GRAVIE SERVICES).
- Lawful Use. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
- Commercial Status. The App and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.
- Governing Law; Jurisdiction; Venue. The laws of the State of Minnesota will govern this Agreement, without reference to its conflicts of law principles, except that the federal law of the United States shall apply to questions regarding the validity, infringement or enforceability of U.S. federal patent, copyright and trademark rights relating in any way to this Agreement, or the Gravie Service. English is the only language applicable to this Agreement. You agree to submit to the exclusive jurisdiction of, and waive any venue objections and defenses of lack of personal jurisdiction against, the State and Federal courts located in Hennepin County, Minnesota.
- Entire Agreement; Severability. This Agreement represents the complete agreement concerning the matters covered and, except as set forth under Amendments above, may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be modified only to the extent necessary to make it enforceable and shall not affect the enforceability or validity of the remaining provisions, which shall remain in full force and effect.
- Developer Name and Address. If you have any questions, complaints, or claims regarding this Agreement or the App, you may contact us at:
10 S 5th St #650
Minneapolis, MN 55402
Last Revised September 2, 2014