Revibe Online Platform Terms of Service
and Mobile Application End User License Agreement
Last modified: February 8, 2019
IN THE UNLIKELY EVENT THAT ANY DISPUTE BETWEEN US IS NOT RESOLVED BY OUR DEDICATED SUPPORT SERVICES TEAM OR CONSULTATIONS BETWEEN US, THIS AGREEMENT REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. PLEASE SEE SECTION 16 TO LEARN MORE.
SUBSCRIPTIONS TO USE OUR PLATFORM RENEW AUTOMATICALLY UNLESS YOU CANCEL THE SUBSCRIPTION IN ACCORDANCE WITH THIS AGREEMENT. PLEASE SEE SECTION 9(g) TO LEARN MORE.
This Revibe Online Platform Terms of Service and Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Revibe Technologies, Inc., a Delaware corporation (“Revibe” or “we”). This Agreement governs your use of the Revibe application on iOS, Android, Chromebook or other mobile device platforms (including all related documentation, the “Application”) as well as the Revibe PLUS online service which may be accessed through your Internet web browser (including all related documentation, the “Service” and, together with the Application, the “Platform”). The Platform is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON AND PROCEEDING TO USE THE PLATFORM, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OTHERWISE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT IN YOUR JURISDICTION OF RESIDENCE; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK THE “AGREE” BUTTON, DO NOT USE THE PLATFORM AND IMMEDIATELY DELETE THE APPLICATION FROM YOUR MOBILE DEVICE.
If you are a business, school or other organization that will be utilizing our mobile application or online service in connection with your customers, students, employees or other constituents or end users, as opposed to an individual or family member who will be utilizing our Platform for your personal use, then you must refer to our Revibe For Organizations Online Subscription Agreement http://info.revibetech.com/organization-agreement for the terms and conditions that apply to you.
Application License Grant. Subject to the terms of this Agreement, Revibe grants you a limited, revocable, non-exclusive and non-transferable license to:
(b) access and interact with, on such Mobile Device, the content, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “App Content”) solely as (and in the form) made available to you through the Application, and strictly in accordance with this Agreement.
2. Service Authorization. Subject to the terms of this Agreement, you are hereby authorized to remotely access (via the Internet) and use the Service, as well as its content, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively, the “Service Content” and, together with the Application Content, the “Content”) solely as (and in the form) made available to you via the Service, for your personal, non-commercial use strictly in accordance with this Agreement and any documentation provided with the Service. This authorization is limited, revocable, non-exclusive and non-transferable.
Limitations and Restrictions. You must not:
(a) copy any portion of the Platform, except as expressly permitted by this license;
(b) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Platform;
(c) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
(d) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Platform or any features or functionality of the Platform, to any third party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at any time;
(f) bypass or breach any security device or protection used by the Platform or access or use the Platform other than through the use of your then valid access credentials;
(g) input, upload, transmit or otherwise provide to or through the Platform, any information or materials that are unlawful or injurious, or contain, transmit or activate any software, hardware or other technology, device or means, including any virus, worm, malware or other malicious computer code, the purpose or effect of which is to: (i) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (x) computer, software, firmware, hardware, system or network or (y) any application or function of any of the foregoing or the security, integrity, confidentiality or use of any data processed thereby; or (ii) prevent any other user from accessing or using the Platform as intended by this Agreement;
(h) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner the Platform or our provision of products or services to any third party, in whole or in part;
(i) access or use the Platform in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any third party, or that violates any applicable international, federal, state or local laws, rules or regulations (including any export or release that violates any export laws);
(j) use any manual or automatic process (such as robots, spiders or other automatic devices) to monitor or copy any of the material on the Platform or for any other unauthorized purpose without the prior written consent of Revibe;
Uses of the Platform.
(c) Disclaimers: No Use for Medical Diagnosis, Treatment or Prevention. Neither the Platform nor the Revibe devices themselves are medical devices and they are not intended to diagnose, treat, cure or prevent any disease or condition, nor are they a substitute for any professional medical or therapeutic advice, diagnosis or treatment. Accordingly, we do not provide any warranty or representation with respect to the merchantability, fitness or suitability of the Platform or any Revibe devices for treating any medical condition. Because the Platform and the Revibe devices are not medical devices, they have not been developed or manufactured in accordance with quality standards that may be necessary for materials intended for use in medical device applications and we have not sought or received any rulings from the U.S. Food and Drug Administration as to the safety or effectiveness of the Platform or Revibe devices for medical purposes. Purchasers of the Revibe devices and/or users of the Platform proposing to evaluate or use our products or services for a medical or therapeutic purpose should rely upon qualified, licensed medical or therapy providers before doing so. The information presented on the Platform is made available solely for general information purposes and does not constitute, and is not intended to be, a comprehensive review of any condition or body system. The information presented on the Platform should not be used as a substitute for, or a replacement of, clinical or therapeutic decision making by a licensed provider. We do not warrant the accuracy, completeness or usefulness of this information and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Platform, or by anyone who may be informed of any of its contents. We do not offer, and the Platform does not constitute, medical, therapeutic or healthcare services or advice. Use of the Platform does not create a physician-patient or therapist-patient relationship. If you experience any medical emergency while using the Platform or any Revibe device, immediately stop using the Platform and/or Revibe device and consult a medical professional. Use of the Platform and the Revibe devices is voluntary and at your own risk. We may update the Content on the Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
(d) Content Provided by Third Parties. The Platform may include content provided by third-parties. All statements or opinions expressed in these materials, other than the content provided by Revibe, are solely the opinions and the responsibility of the third-party providing those materials. These materials do not necessarily reflect the opinion of Revibe. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Application Updates. Revibe may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the Internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You must promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Links to Other Sites. If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the linked third party websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Subscription Fees and Payment Terms.
i. If we have terminated this Agreement, we will not be liable to you in any manner as a result of our termination of the Agreement, although we may, in our sole discretion, choose to provide you with a refund of any prepaid subscription fees (provided, however, that if this Agreement is terminated as a result of your violation of any of the terms and conditions of this Agreement, then you will not be eligible for any such refund);
ii. all rights and licenses granted to you under this Agreement will also terminate;
iii. we may disable your access to the Platform; and
iv. you must cease all use of the Platform and delete all copies of the Application from your Mobile Device.
Disclaimer of Warranties. THE PLATFORM IS PROVIDED TO YOU “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, REVIBE, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, REVIBE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL REVIBE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (A) $50.00 OR (B) THE TOTAL AMOUNT OF SUBSCRIPTION FEES YOU HAVE PAID TO REVIBE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR CONTENT, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR REVIBE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. ACCORDINGLY, REVIBE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE OR OTHER COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR ON ANY WEBSITE LINKED TO IT. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU SOLELY TO THE EXTENT PROHIBITED BY LAW.
Indemnification. You agree to indemnify, defend and hold harmless Revibe 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 attorneys’ fees, arising from or relating to your use or misuse of the Platform or your breach of this Agreement.
Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver. No failure to exercise and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Changes to this Agreement. Revibe may revise and update this Agreement from time to time in our sole discretion. Changes are effective immediately when Revibe posts them, but are not retroactive. Your continued use of the Platform following the posting of a revised Agreement means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Platform if you do not want to agree to the revised Agreement.