- Permitted Users
The Service is available only to users who are at least 18 years old.
- Modifications of this Agreement
THE APPLICATION AND SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR ANY INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED OR REFERENCED IN OR BY THE SERVICE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO GUARANTEES ABOUT THE SAFETY OR SECURITY OF YOUR INFORMATION, NOR THAT IDENTITY VERIFICATION WILL BE ERROR FREE. NO COMMUNICATION, INFORMATION, OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS SHALL CREATE ANY WARRANTY. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
- Requirements for Use
In order to use the Service, you must have compatible computing and mobile devices, access to the Internet and mobile messaging and data services, and certain necessary software. Fees and charges may apply to your use of the Internet or mobile services, and you may be required to purchase hardware or software to enable your devices to access the Service. You agree that you are responsible for meeting these requirements and for your use of the internet, any associated fees, charges or expenses.
- Third-Party Websites and Materials
References or links within the Service to any third parties or their websites or information are provided only as a convenience to you and do not in any way mean that we endorse, sponsor or recommend any third-party material, product or service. Further, we supply the Service as part of the services you obtain from your Service Operator but we are not affiliated with and do not represent your Service Operator. We do not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of material on such third-party websites, content, data, information, applications or materials, including those of your Service Operator. We are not responsible for and do not assume any liability with respect to the content, privacy practices or otherwise of any third parties.
- Further Disclaimers and Technology Support
We do not warrant or guarantee that the Service will function with your mobile or computing device or be compatible with the hardware or software on any particular devices. Information will be transmitted over a medium that will be beyond our control and jurisdiction; multiple factors, including network availability, may affect alert or notification delivery, uploading and security of biometric information or otherwise interfere with the operation of the Service. We do not warrant or guarantee against, and therefore assume no liability for or relating to, any errors, omissions, delays, failures, interruptions, or corruption or loss of any data, alerts, notifications or other information transmitted in connection with your use of the Service, particularly relating to any failure of the system to function as expected.We have no obligation to provide technical support or maintenance for the Service. Check with your Service Operator if you detect any malfunctions. At any time and for any reason, without notice or liability, we may modify or discontinue the Service or any part of it or impose limits on your use of or access to the Service.
- User Content and User’s Responsibilities
The personal and biometric information, images, photographs, data and other materials that you submit (collectively “User Content”) to us through or related to the Service will be used by us and by third parties including your Service Operator to verify your identity and for related purposes. You represent and warrant that you have all necessary permission to submit or otherwise make available such User Content and that all such information is true and accurate and that you are not falsifying information or impersonating another person. You acknowledge that we are entitled to rely on the information you submit for authentication purposes. Company is not responsible for policing the Service or for monitoring any User Content. We have no obligation to destroy or return any User Content to you.
- Account and Password / Passcode / Biometric.
The Service will allow you to record and store information including biometrics. You agree to keep your information accurate, complete and current. You are responsible for the security and confidentiality of your Service account and password and any activity on your account. It is your sole responsibility to monitor and control access to and use of your account and password. At any time, you may delete your account via the App or Site.
You may not lend, rent, sell, redistribute, assign, sublicense or otherwise transfer the App or the right to download or use the App; use the App or the Service for any commercial purpose; copy, decompile, reverse engineer, disassemble, derive the source code of the App; modify or create derivative works of the App; remove any copyright or other proprietary notations from the App; or transfer the content or materials from the App or Site to anyone else or “mirror” the same on any server; or attempt to do any of the foregoing. If you violate any of these restrictions, you may no longer use the Service and you may be subject to prosecution and damages.You further agree that you will not reproduce, sell, or exploit the Service, its content, its software or any portion of any of the foregoing; you will not use the Service for any purpose in violation of local, state, national or international laws; and you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to interfere or attempt to interfere with the proper working of the Service or to disrupt the operations or violate the security of the Service or attempt to gain access to data stored in the Service other than your own data to which you are granted access through use of the App. Violations of system or network operation or security may result in civil or criminal liability. We will investigate possible occurrences of such violations, and we may involve and cooperate with law enforcement authorities in prosecuting anyone involved with such violations.
- Ownership and License
We own the Service. We do not transfer to you any title to or any proprietary or intellectual property rights in or to the Service, any updates or derivative works of the App, or its documentation, or any copyrights, patent rights, or trademarks embodied or used in connection with the Service.
- Copyright and Trademarks
- Limitations on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL WE, OUR AFFILIATES, OR ANY OF OUR OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER OR DEVICE FAILURE OR MALFUNCTION, EVEN IF A REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNTS PAID FOR THE APP OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS MORE.Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
- Termination of Service
- Choice of Law and Forum
This agreement shall be governed in all respects under the laws of the state of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this agreement or related to the Service, you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the state courts of the State of California sitting San Diego, California, or if any such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court sitting in San Diego, California You and we each waive any jurisdictional, venue or inconvenient forum objections to any of these courts that may have jurisdiction.
- Complete Agreement
- Severability and Waiver
- Contact information