GREETR TERMS OF USE
These Terms of Use (“Terms”) apply to all downloads, installations and use of the mobile application platform, and documentation provided or made available thereon (collectively, the “Services”) offered by Greetr, Inc., a Delaware corporation with offices located at 177 Huntington Ave. # 170 Boston, MA 02115-3134 ("Greetr" or “we”). The App is licensed to you, not sold, and only in accordance with the section entitled “License” below that you accepted when you downloaded and installed the App.
These Terms, together with our Privacy Policy (“Privacy Policy”), incorporated herein by reference, govern your use of the Services, our website located at [www.greetr.io](the “Website).
A user of our Services (“you”) must accept these Terms to create a Greetr account and use the Services and Website. If you do not have an account, you may accept these Terms by downloading the App, visiting the Website, or using any part of the Services.
BY DOWNLOADING AND INSTALLING THE APP, REGISTERING, AND CREATING AN ACCOUNT, ACCESSING OR USING OUR SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE MATERIALS HYPERLINKED AND REFERENCED HEREIN; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO ABIDE BY THESE AGREEMENT, AS WELL AS OUR PRIVACY POLICY AND EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SERVICES AND DELETE IT FROM YOUR MOBILE DEVICE WHERE APPLICABLE.
These Terms, together with our Privacy Policy (“Privacy Policy”), incorporated herein by reference, govern your use of the Services, our website located at [www.greetr.io](the “Website).
A user of our Services (“you”) must accept these Terms to create a Greetr account and use the Services and Website. If you do not have an account, you may accept these Terms by downloading the App, visiting the Website, or using any part of the Services.
BY DOWNLOADING AND INSTALLING THE APP, REGISTERING, AND CREATING AN ACCOUNT, ACCESSING OR USING OUR SERVICES YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND THE MATERIALS HYPERLINKED AND REFERENCED HEREIN; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT AND AGREE TO ABIDE BY THESE AGREEMENT, AS WELL AS OUR PRIVACY POLICY AND EULA. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SERVICES AND DELETE IT FROM YOUR MOBILE DEVICE WHERE APPLICABLE.
I. DOWNLOAD AND USE OF THE SERVICES
A.Downloads
Greetr may require you to download and install the Services on a device to create an account and use the Services. To download and install the Services and create an account, we will ask you for select information that is needed to provide you with access to the Services, including your name and contact information. We will store this information for the purposes stated in our Privacy Policy. Greetr reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terns grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Services.
B.Eligibility
The Services and Website are not for use by anyone under the age of 18. To use the Services and Website, you agree that: (1) you are at least of the Minimum Age (defined below) or older; (2) you will only have one Greetr account, which shall be in your real, legal name; and (3) you are not already restricted by Greetr from using the Services. “Minimum Age” means 18 years old; however, if the law requires that you must be older in order for Greetr to lawfully provide the Services to you without parental consent (including using of your Personal Information (as defined in our Privacy Policy)), then the Minimum Age is such older age. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
C.Pricing and Support
Greetr may from, time-to-time, add or change the functionality of the Services and may assess a license fee for downloads or use of the Services. Greetr may in the future assess a fee for commercial use of the Services. Greetr may discontinue support of the Services or remove Services from the Website at any time and for any reason, with or without notice to you. Should you have issues with the functionality of the Services, notify Greetr via the feedback option within the Services.
D.Communication
You agree that we may provide notices and messages to you in the following ways: (1) within the Services or on the Website, or (2) sent to the contact information that you have provided us in connection with your account.
E.Compatibility
You acknowledge that you have verified the compatibility of the Services with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Services). You are solely responsible for determining the compatibility of the Services with other equipment. Greetr is not responsible for ensuring that the Services will work with your devices, or that it will not harm your devices.
F.Necessary Equipment
Full use of the Services and Website are dependent upon your use of a compatible computer or mobile device with an adequate operating system to support and use the Services or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Services. It is your responsibility to ensure the equipment’s functionality.
G.Acceptance
All downloads and accounts are subject to acceptance by Greetr. After you download and install the Services and create a user account, you will receive an email from Greetr confirming that your account has been created. Greetr reserves the right not to allow you to use the Services or create and account for any reason or no reason.
H.Privacy Policy
You and Greetr agree that we may access, store, process and use any information and Personal Data that you provide in accordance with, the terms of our Privacy Policy. Any information that Greetr collects through your use of the Services are subject to our Privacy Policy, which are part of these Terms.
I.Unacceptable Use of the Services
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (a) use, display, mirror or frame the Services or any individual element within the Services, Greetr’s name, any Greetr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Greetr’s express written consent; (b) access or tamper with non-public areas of the Services, Greetr’s computer systems, or the technical delivery systems of Greetr’s providers; (c) test the vulnerability of any Greetr system or breach any security or authentication measures; (d) circumvent any technological measure implemented by Greetr or any of Greetr’s providers or any other third party (including another user) to protect the Services or the Website; (e) access the Services or the Website through the use of any mechanism other than through the use of your mobile device or equipment that you are authorized to use; (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any Services that Greetr provides to you or any other part of the Website; (g) use the Services or the Website in any way that causes, or may damage or impair the availability or accessibility of the Services and or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, or potentially fraudulent or harmful purpose or activity; or (h) use the Services or Website in any way that results in commercial use for a fee from a third party, including by way of rent, sale or sublicense, or otherwise use the Services or Website for purposes which do not align with these Terms, the EULA, Privacy Policy, and transactional paperwork which may have been entered into between the parties as applicable. You shall not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to the Services or Website without Greetr’s prior express written consent. You must not use the Services, the Website, the Content or the Services for any purposes related to marketing any product that is not sold through or by Greetr without Greetr’s express written consent.
J.Candor and Conduct
In connection with your use of the Services and Website, you agree that you shall (1) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and other regulatory requirements and Greetr’s policies and procedures, including any rules of conduct that govern your use of the Services, which are not meant to be exhaustive and can be modified at any time by Greetr, (2) provide us with accurate information, including your correct, legal name, and maintain such information so that it will always be accurate in our records, (3) you will use the Services and Website in a civil, professional manner, including having respect for others, and (4) any and all information, content, pictures, and communication shared with or in connection with the Services and Website will be civil, appropriate for all audiences, and “safe for work”. Additionally, you agree that, in connection with your use of the Services and Website, you will not: (1) misrepresent your identity, create an account for anyone other than yourself, or use or attempt to use another’s account, or use a false identity, (2) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services and Website or information from such locations, (3) override any security feature or bypass or circumvent any access controls or use limits , (4) violation applicable law, including intellectual property and privacy laws, (5) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services and Website or any related technology that is not open source, (6) use the Services and Website for any other purposes other than as expressly set forth herein, (7) monitor the Services’ availability, performance or functionality for any competitive purpose, and (8) violate any additional terms concerning a the Services and Website.
For example purposes, and without limiting Greetr’s rights to take action against you, you may not: (i) create, use, share and/or publish by any means in relation to the Services any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit Services); (ii) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any of the above; (iii) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Services, and/or organize, participate in or be involved in any way in an attack on Greetr’s servers and/or the Services and/or those of its service providers and partners; (iv) create, supply or use alternative methods of using the Services, for example server emulators; (v) spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature; (vi) transmitting or communicating any material or content which, in the sole and exclusive discretion of Greetr, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; (vii) harassing or threatening any other users the Services; (viii) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Greetr’s personnel; (ix) falsely claim to be an employee or representative of Greetr or its partners and/or agents; (x) discriminate against Members on the basis of age, color, creed, disability, gender identity, national origin, pregnancy, race religion, sex, sexual orientation or veteran’s status and (y) falsely claim an endorsement in connection with the Services or with Greetr. In all cases, you may only use the Services according to anticipated use of the Services.
Greetr may require you to download and install the Services on a device to create an account and use the Services. To download and install the Services and create an account, we will ask you for select information that is needed to provide you with access to the Services, including your name and contact information. We will store this information for the purposes stated in our Privacy Policy. Greetr reserves all rights not expressly granted to you in these Terms. Except for the limited rights and licenses expressly granted under these Terms, nothing in these Terns grants, by implication, waiver, estoppel, or otherwise, to you or any third party any intellectual property rights or other right, title, or interest in or to the Services.
B.Eligibility
The Services and Website are not for use by anyone under the age of 18. To use the Services and Website, you agree that: (1) you are at least of the Minimum Age (defined below) or older; (2) you will only have one Greetr account, which shall be in your real, legal name; and (3) you are not already restricted by Greetr from using the Services. “Minimum Age” means 18 years old; however, if the law requires that you must be older in order for Greetr to lawfully provide the Services to you without parental consent (including using of your Personal Information (as defined in our Privacy Policy)), then the Minimum Age is such older age. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
C.Pricing and Support
Greetr may from, time-to-time, add or change the functionality of the Services and may assess a license fee for downloads or use of the Services. Greetr may in the future assess a fee for commercial use of the Services. Greetr may discontinue support of the Services or remove Services from the Website at any time and for any reason, with or without notice to you. Should you have issues with the functionality of the Services, notify Greetr via the feedback option within the Services.
D.Communication
You agree that we may provide notices and messages to you in the following ways: (1) within the Services or on the Website, or (2) sent to the contact information that you have provided us in connection with your account.
E.Compatibility
You acknowledge that you have verified the compatibility of the Services with other required equipment (e.g., ensuring that your mobile device and/or operating system is compatible with the Services). You are solely responsible for determining the compatibility of the Services with other equipment. Greetr is not responsible for ensuring that the Services will work with your devices, or that it will not harm your devices.
F.Necessary Equipment
Full use of the Services and Website are dependent upon your use of a compatible computer or mobile device with an adequate operating system to support and use the Services or a supported mobile device and internet access. The maintenance and security of this equipment may influence the performance of the Services. It is your responsibility to ensure the equipment’s functionality.
G.Acceptance
All downloads and accounts are subject to acceptance by Greetr. After you download and install the Services and create a user account, you will receive an email from Greetr confirming that your account has been created. Greetr reserves the right not to allow you to use the Services or create and account for any reason or no reason.
H.Privacy Policy
You and Greetr agree that we may access, store, process and use any information and Personal Data that you provide in accordance with, the terms of our Privacy Policy. Any information that Greetr collects through your use of the Services are subject to our Privacy Policy, which are part of these Terms.
I.Unacceptable Use of the Services
Except to the extent permitted by law, you may not perform, attempt to perform, or encourage or assist others in performing any of the following while accessing or using the Services: (a) use, display, mirror or frame the Services or any individual element within the Services, Greetr’s name, any Greetr trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Greetr’s express written consent; (b) access or tamper with non-public areas of the Services, Greetr’s computer systems, or the technical delivery systems of Greetr’s providers; (c) test the vulnerability of any Greetr system or breach any security or authentication measures; (d) circumvent any technological measure implemented by Greetr or any of Greetr’s providers or any other third party (including another user) to protect the Services or the Website; (e) access the Services or the Website through the use of any mechanism other than through the use of your mobile device or equipment that you are authorized to use; (f) modify, decompile, disassemble, reverse engineer, tamper with or otherwise attempt to derive the source code of any Services that Greetr provides to you or any other part of the Website; (g) use the Services or the Website in any way that causes, or may damage or impair the availability or accessibility of the Services and or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, or potentially fraudulent or harmful purpose or activity; or (h) use the Services or Website in any way that results in commercial use for a fee from a third party, including by way of rent, sale or sublicense, or otherwise use the Services or Website for purposes which do not align with these Terms, the EULA, Privacy Policy, and transactional paperwork which may have been entered into between the parties as applicable. You shall not conduct any systematic or automated data collection activities, including without limitation framing, scraping, data mining, data extraction and data harvesting on or in relation to the Services or Website without Greetr’s prior express written consent. You must not use the Services, the Website, the Content or the Services for any purposes related to marketing any product that is not sold through or by Greetr without Greetr’s express written consent.
J.Candor and Conduct
In connection with your use of the Services and Website, you agree that you shall (1) comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, and other regulatory requirements and Greetr’s policies and procedures, including any rules of conduct that govern your use of the Services, which are not meant to be exhaustive and can be modified at any time by Greetr, (2) provide us with accurate information, including your correct, legal name, and maintain such information so that it will always be accurate in our records, (3) you will use the Services and Website in a civil, professional manner, including having respect for others, and (4) any and all information, content, pictures, and communication shared with or in connection with the Services and Website will be civil, appropriate for all audiences, and “safe for work”. Additionally, you agree that, in connection with your use of the Services and Website, you will not: (1) misrepresent your identity, create an account for anyone other than yourself, or use or attempt to use another’s account, or use a false identity, (2) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services and Website or information from such locations, (3) override any security feature or bypass or circumvent any access controls or use limits , (4) violation applicable law, including intellectual property and privacy laws, (5) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services and Website or any related technology that is not open source, (6) use the Services and Website for any other purposes other than as expressly set forth herein, (7) monitor the Services’ availability, performance or functionality for any competitive purpose, and (8) violate any additional terms concerning a the Services and Website.
For example purposes, and without limiting Greetr’s rights to take action against you, you may not: (i) create, use, share and/or publish by any means in relation to the Services any material (text, words, images, sounds, videos, etc.) which would breach of a duty of confidentiality, infringe any intellectual property right or an individual’s right to privacy or which would incite the committing of an unlawful act (in particular, piracy, cracking or circulation of counterfeit Services); (ii) modify, distort, block, abnormally burden, disrupt, slow down and/or hinder the normal functioning of all or part of the Services, or their accessibility to other users, or the functioning of the partner networks of the Services, or attempt to do any of the above; (iii) transmit or propagate any virus, trojan horse, worm, bomb, corrupted file and/or similar destructive device or corrupted data in relation to the Services, and/or organize, participate in or be involved in any way in an attack on Greetr’s servers and/or the Services and/or those of its service providers and partners; (iv) create, supply or use alternative methods of using the Services, for example server emulators; (v) spamming chat, whether for personal or commercial purposes, by disrupting the flow of conversation with repeated postings of a similar nature; (vi) transmitting or communicating any material or content which, in the sole and exclusive discretion of Greetr, is believed or deemed offensive, including, but not limited to, language that is harmful, threatening, unlawful, abusive, harassing, defamatory, disparaging, obscene, sexually explicit, or racially, ethnically, or otherwise objectionable; (vii) harassing or threatening any other users the Services; (viii) make inappropriate use of the help service or the claim buttons or send untruthful reports to members of Greetr’s personnel; (ix) falsely claim to be an employee or representative of Greetr or its partners and/or agents; (x) discriminate against Members on the basis of age, color, creed, disability, gender identity, national origin, pregnancy, race religion, sex, sexual orientation or veteran’s status and (y) falsely claim an endorsement in connection with the Services or with Greetr. In all cases, you may only use the Services according to anticipated use of the Services.
II.YOUR OBLIGATIONS
A.General
You agree to comply with all applicable laws, rules and regulations and Greetr’s policies and procedures, including any rules of conduct that govern you use of the Product, including, but not limited to this Agreement, as well as Greetr’s Privacy Policy, policies, procedures, and such other documentation which may be provided or made available by Greetr as may be amended by Greetr, in its sole discretion, from time to time. You are solely responsible for monitoring Greetr’s websites and the Services for updates and changes to such materials. You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of authorized users of your account and instance of the Services, and any act or omission by an authorized user of your account that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you. You shall take reasonable efforts to make all authorized users of your account and instance of the Services aware of these Terms as applicable to such authorize users of your account and instance of the Services and shall cause such individuals to comply with such provisions. You shall actively monitor activities performed through the Services, including through any automated features, and shall be responsible for all business decisions made or executed through the Services or based on its suggestions.
B.Account
You may be required to create an account to use the Services, including creating a user profile (“Profile”), [which you consent to be shown to other users of the Services and, unless you change your privacy settings, to be shown to the public] and account associated with their business or entity (“Account”). You agree to provide accurate and complete information in your Profile and on all registration and other forms that they access, complete, and submit while using the Services or otherwise provide to Greetr—and you agree to keep all such information current.
C.Account Security
Each person who uses the Services must register for their own Account with a unique username and password that satisfies Greetr’s login credential and password requirements. You are responsible for safeguarding and maintaining the confidentiality of their username and password, and agree not to share their username or password with anyone. You are responsible for safeguarding their username and password and for any use of the Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to their password. You further agree not to use the Account or log in with the username and password of another user of the Services.
D.Account Accuracy
You are solely responsible for the maintenance of your Profile. You agree to keep your contact and payment information up to date and to correct any inaccuracies as soon as you become aware of them. You agree not to provide false or misleading information about their identity or location, their business or organization, the beneficial owner(s) of their business, their skills, or the services that their business provides, and you agree to correct any information that is or becomes false or misleading without undue delay. Greetr reserves the right to suspend or terminate your Account, or access to the Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or account. If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts for and on behalf of yourself and the company.
You agree to comply with all applicable laws, rules and regulations and Greetr’s policies and procedures, including any rules of conduct that govern you use of the Product, including, but not limited to this Agreement, as well as Greetr’s Privacy Policy, policies, procedures, and such other documentation which may be provided or made available by Greetr as may be amended by Greetr, in its sole discretion, from time to time. You are solely responsible for monitoring Greetr’s websites and the Services for updates and changes to such materials. You are responsible and liable for all uses of the Services resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of these Terms. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of authorized users of your account and instance of the Services, and any act or omission by an authorized user of your account that would constitute a breach of these Terms if taken by you will be deemed a breach of these Terms by you. You shall take reasonable efforts to make all authorized users of your account and instance of the Services aware of these Terms as applicable to such authorize users of your account and instance of the Services and shall cause such individuals to comply with such provisions. You shall actively monitor activities performed through the Services, including through any automated features, and shall be responsible for all business decisions made or executed through the Services or based on its suggestions.
B.Account
You may be required to create an account to use the Services, including creating a user profile (“Profile”), [which you consent to be shown to other users of the Services and, unless you change your privacy settings, to be shown to the public] and account associated with their business or entity (“Account”). You agree to provide accurate and complete information in your Profile and on all registration and other forms that they access, complete, and submit while using the Services or otherwise provide to Greetr—and you agree to keep all such information current.
C.Account Security
Each person who uses the Services must register for their own Account with a unique username and password that satisfies Greetr’s login credential and password requirements. You are responsible for safeguarding and maintaining the confidentiality of their username and password, and agree not to share their username or password with anyone. You are responsible for safeguarding their username and password and for any use of the Services with your username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to their password. You further agree not to use the Account or log in with the username and password of another user of the Services.
D.Account Accuracy
You are solely responsible for the maintenance of your Profile. You agree to keep your contact and payment information up to date and to correct any inaccuracies as soon as you become aware of them. You agree not to provide false or misleading information about their identity or location, their business or organization, the beneficial owner(s) of their business, their skills, or the services that their business provides, and you agree to correct any information that is or becomes false or misleading without undue delay. Greetr reserves the right to suspend or terminate your Account, or access to the Services, of anyone who provides false, inaccurate, or incomplete information in creating, marketing, or maintaining a Profile or account. If you create an Account as an employee or agent on behalf of a company, you represent and warrant that you are authorized to enter into binding contracts for and on behalf of yourself and the company.
III.INTELLECTUAL PROPERTY; LICENSE
A.License to the Services and Website
Subject to and conditioned on your payment of any applicable license fees and compliance with all other terms and conditions of this Agreement, Greetr hereby grants you a non-exclusive, non-sublicensable, and non-transferable license during the Term to use the Services solely as set forth in these Terms, the EULA, and Order Form, as applicable, and pursuant to Greetr’s policies, procedures, and documentation. The Services: (x) remain Greetr's exclusive property; (y) are subject to the terms and conditions of the EULA; and (z) must include all copyright or other proprietary rights notices contained in the original. You grant Greetr a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services, Website, Content and Services, without any further consent, notice and/or compensation to you or others. You can end this license for specific content by deleting such content from the Services, Website, Content and Services, or generally by closing your account, except (1) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (2) for the reasonable time it takes to remove from backup and other systems.
B.Greetr Content “Greetr Content” includes any text, graphics, images, music, Services, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or the Website to you. Except for your Personal Information (defined in our Privacy Policy), the Services and the Website and any underlying code and technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. Greetr reserves all of its intellectual property rights in the Services, Website, Content and Services. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. All such rights are expressly reserved by Greetr. You may not use Greetr trademarks or in any manner including in any metatags or any other "hidden text" without Greetr’s express written permission. Reference by Greetr to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Greetr.
C.Your Data
As between you and Greetr, you are and will remain the sole and exclusive owner of all right, title, and interest in and to all Your Data (as defined later herein), including all intellectual property rights relating thereto, subject to the rights and permissions granted herein. you hereby irrevocably grant all such rights and permissions in or relating to Your Data as are necessary or useful to Greetr, its subcontractors, and the Greetr personnel to enforce these Terms and the terms and conditions of our EULA and Privacy Policy and exercise Greetr's, its subcontractors', and the Greetr personnel's rights and perform Greetr's, its subcontractors', and the Greetr personnel's obligations thereunder, including the provision of the Services and features thereunder. “You Data” means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you or an authorized user of your Account or instance of the Services by or through the Services or that incorporates or is derived from the processing of such information, data, or content by or through the Services. For the avoidance of doubt, Your Data does not include data and information related to your use of the Services that is used by Greetr in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services or any other information reflecting the access or use of the Services by or on behalf of you or any authorized user of your Account or instance of the Services (collectively, “Resultant Data”), which, for clarity, shall also be fully and expressly owned by Greetr. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Greetr an assignment of all right, title, and interest in and to the Resultant Data, including all intellectual property rights relating thereto.
D. Updates and Upgrades
Greetr may modify the Services for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Services. You agree that the Services may install or download the modifications automatically. You agree that Greetr may stop to support previous versions of the Services upon availability of an updated version. Feedback and Submissions Policy If you or any of your employees or contractors sends or transmits any communications or materials to Greetr by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Greetr is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Greetr on your behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Greetr is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Greetr is not required to use any Feedback.
Subject to and conditioned on your payment of any applicable license fees and compliance with all other terms and conditions of this Agreement, Greetr hereby grants you a non-exclusive, non-sublicensable, and non-transferable license during the Term to use the Services solely as set forth in these Terms, the EULA, and Order Form, as applicable, and pursuant to Greetr’s policies, procedures, and documentation. The Services: (x) remain Greetr's exclusive property; (y) are subject to the terms and conditions of the EULA; and (z) must include all copyright or other proprietary rights notices contained in the original. You grant Greetr a worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish and process, information and content that you provide through our Services, Website, Content and Services, without any further consent, notice and/or compensation to you or others. You can end this license for specific content by deleting such content from the Services, Website, Content and Services, or generally by closing your account, except (1) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (2) for the reasonable time it takes to remove from backup and other systems.
B.Greetr Content “Greetr Content” includes any text, graphics, images, music, Services, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services or the Website to you. Except for your Personal Information (defined in our Privacy Policy), the Services and the Website and any underlying code and technology are protected by copyright, trademark, patent, intellectual property, and other laws of the United States and foreign countries. Greetr reserves all of its intellectual property rights in the Services, Website, Content and Services. You agree not to remove, change or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. All such rights are expressly reserved by Greetr. You may not use Greetr trademarks or in any manner including in any metatags or any other "hidden text" without Greetr’s express written permission. Reference by Greetr to any other trademarks, products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by Greetr.
C.Your Data
As between you and Greetr, you are and will remain the sole and exclusive owner of all right, title, and interest in and to all Your Data (as defined later herein), including all intellectual property rights relating thereto, subject to the rights and permissions granted herein. you hereby irrevocably grant all such rights and permissions in or relating to Your Data as are necessary or useful to Greetr, its subcontractors, and the Greetr personnel to enforce these Terms and the terms and conditions of our EULA and Privacy Policy and exercise Greetr's, its subcontractors', and the Greetr personnel's rights and perform Greetr's, its subcontractors', and the Greetr personnel's obligations thereunder, including the provision of the Services and features thereunder. “You Data” means information, data, and other content, in any form or medium, that is collected, downloaded, or otherwise received, directly or indirectly, from you or an authorized user of your Account or instance of the Services by or through the Services or that incorporates or is derived from the processing of such information, data, or content by or through the Services. For the avoidance of doubt, Your Data does not include data and information related to your use of the Services that is used by Greetr in an aggregate and anonymized manner, including to compile statistical and performance information related to the provision and operation of the Services or any other information reflecting the access or use of the Services by or on behalf of you or any authorized user of your Account or instance of the Services (collectively, “Resultant Data”), which, for clarity, shall also be fully and expressly owned by Greetr. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Greetr an assignment of all right, title, and interest in and to the Resultant Data, including all intellectual property rights relating thereto.
D. Updates and Upgrades
Greetr may modify the Services for any reason or without any specific reason, at any time and at its entire discretion, in particular for technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Services. You agree that the Services may install or download the modifications automatically. You agree that Greetr may stop to support previous versions of the Services upon availability of an updated version. Feedback and Submissions Policy If you or any of your employees or contractors sends or transmits any communications or materials to Greetr by mail, email, telephone, or otherwise, suggesting or recommending changes to the Services, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like ("Feedback"), Greetr is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Greetr on your behalf, and on behalf of its employees, contractors and/or agents, all right, title, and interest in, and Greetr is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Greetr is not required to use any Feedback.
IV.ENFORCEMENT RIGHTS
Other than set forth herein, Greetr is not obligated to monitor access or use of the Services and the Website, or your information, but we have the right to do so to ensure compliance with these Terms and applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to remove or disable access to the Services and the Website, or your account or information at any time and without notice, and at our sole discretion, if we determine that your use of the Services are objectionable or in violation of these Terms or applicable law. We have the right to investigate violations of these Terms and any conduct that affects the performance or use of the Services and the Website or the community of Greetr users generally.
V.DISCLAIMER OF WARRANTIES; LIMTATION OF LIABILITY
A.Disclaimer of Warranties
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GREETR, 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 APPLICATION, 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, GREETR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, THE WEBSITE, THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE, RELIABLE, OR WORK WITH ANY OTHER SERVICES, APPLICABLE, 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 SERVICESLY TO YOU.
B.Limitation of Liability
IN NO EVENT WILL GREETR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, SERVICESION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GREETR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GREETR'S LIABILITY UNDER THIS SECTION V(B) EXCEED THE LICENSE FEES PAID OR PAYABLE BY YOU TO GREETR DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.
You acknowledge and agree that this limitation of liability is part of the basis of the bargain between you and Greetr and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Greetr or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
C.Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GREETR, 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 APPLICATION, 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, GREETR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, THE WEBSITE, THE CONTENT OR THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, BE ACCURATE, COMPLETE, RELIABLE, OR WORK WITH ANY OTHER SERVICES, APPLICABLE, 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 SERVICESLY TO YOU.
B.Limitation of Liability
IN NO EVENT WILL GREETR BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, FOR ANY: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, SERVICESION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER GREETR WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. IN NO EVENT WILL GREETR'S LIABILITY UNDER THIS SECTION V(B) EXCEED THE LICENSE FEES PAID OR PAYABLE BY YOU TO GREETR DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.
You acknowledge and agree that this limitation of liability is part of the basis of the bargain between you and Greetr and shall apply to all claims of liability (e.g., warranty, tort, negligence, contract and law) even if Greetr or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
C.Limitation on Claims
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.
VI.INDEMNIFICATION
A.Greetr Indemnification
Greetr shall indemnify, defend, and hold harmless you from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys' fees) ("Losses") incurred by you resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") that the Services, or any use of the Services in accordance with these Terms, infringes or misappropriates such third party's United States intellectual property rights/United States patents, copyrights, or trade secrets, provided that you promptly notify Greetr in writing of the claim, cooperates with Greetr, and allows Greetr sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, you agree to permit Greetr, at Greetr's sole discretion, to (A) modify or replace the Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for you to continue use the Services. If Greetr determines that none of these alternatives is reasonably available, Greetr may terminate these Terms, in its entirety or with respect to the affected component or part, effective immediately on written notice to you and without liability to you. This Section VI(A) will not apply to the extent that the alleged infringement arises from: (A) use of the Services in combination with data, services, hardware, equipment, or technology not provided by Greetr or authorized by Greetr in writing; or (B) modifications to the Services not made by Greetr.
B.Your Indemnification
You shall indemnify, hold harmless, and, at Greetr's option, defend Greetr from and against any Losses resulting from any Third-Party Claim based on you, or any authorized user of your Account or instance of the Services: (i) the negligence or willful misconduct of you or any authorized user of your Account or instance of the Services; or (ii) use of the Services in a manner not authorized or contemplated by this Agreement; (iii) use of the Services in combination with data, Services, hardware, equipment or technology not provided by Greetr or authorized by Greetr in writing; (iv) modifications to the Services not made by Greetr, and (v) Your Data, including any processing of Your Data by or on behalf of Greetr in accordance with these Terms; any other materials or information (including any documents, data, specifications, software, content, or technology) provided by or on your behalf, or on behalf of any authorized user of your Account or instance of the Services, including Greetr's compliance with any specifications or directions provided by or on your behalf, or on behalf of any authorized user of your Account or instance of the Services to the extent prepared without any contribution by Greetr; allegation of facts that, if true, would constitute your breach of any of its representations, warranties, covenants, or obligations under these Terms.
C.Indemnification Procedure
Each Party shall promptly notify the other Party in writing of any potential claim for which such party believes it is entitled to be indemnified hereunder. The Party seeking indemnification (the "Indemnitee") shall cooperate with the other Party (the "Indemnitor") at the Indemnitor's sole cost and expense. The Indemnitor shall promptly assume control of the defense and shall employ counsel reasonably acceptable to the Indemnitee to handle and defend the same, at the Indemnitor's sole cost and expense. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any such claim on any terms or in any manner that adversely affects the rights of any Indemnitee without the Indemnitee's prior written consent, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, you may not settle any third-party claim against Greetr unless such settlement completely and forever releases Greetr from all liability with respect to such third-party claim or unless Greetr consents to such settlement, and further provided that Greetr will have the right, at its option, to defend itself against any such third-party claim or to participate in the defense thereof by counsel of its own choice. If the Indemnitor fails or refuses to assume control of the defense of such Action, the Indemnitee shall have the right, but no obligation, to defend against such Action, including settling such Action after giving notice to the Indemnitor, in each case in such manner and on such terms as the Indemnitee may deem appropriate. The Indemnitee's failure to perform any obligations hereunder will not relieve the Indemnitor of its obligations, except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure.
D.Sole Remedy
THIS SECTION VI SETS FORTH YOUR SOLE REMEDIES AND GREETR'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES OR DOCUMENTATION INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
Greetr shall indemnify, defend, and hold harmless you from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys' fees) ("Losses") incurred by you resulting from any third-party claim, suit, action, or proceeding ("Third-Party Claim") that the Services, or any use of the Services in accordance with these Terms, infringes or misappropriates such third party's United States intellectual property rights/United States patents, copyrights, or trade secrets, provided that you promptly notify Greetr in writing of the claim, cooperates with Greetr, and allows Greetr sole authority to control the defense and settlement of such claim. If such a claim is made or appears possible, you agree to permit Greetr, at Greetr's sole discretion, to (A) modify or replace the Services, or component or part thereof, to make it non-infringing, or (B) obtain the right for you to continue use the Services. If Greetr determines that none of these alternatives is reasonably available, Greetr may terminate these Terms, in its entirety or with respect to the affected component or part, effective immediately on written notice to you and without liability to you. This Section VI(A) will not apply to the extent that the alleged infringement arises from: (A) use of the Services in combination with data, services, hardware, equipment, or technology not provided by Greetr or authorized by Greetr in writing; or (B) modifications to the Services not made by Greetr.
B.Your Indemnification
You shall indemnify, hold harmless, and, at Greetr's option, defend Greetr from and against any Losses resulting from any Third-Party Claim based on you, or any authorized user of your Account or instance of the Services: (i) the negligence or willful misconduct of you or any authorized user of your Account or instance of the Services; or (ii) use of the Services in a manner not authorized or contemplated by this Agreement; (iii) use of the Services in combination with data, Services, hardware, equipment or technology not provided by Greetr or authorized by Greetr in writing; (iv) modifications to the Services not made by Greetr, and (v) Your Data, including any processing of Your Data by or on behalf of Greetr in accordance with these Terms; any other materials or information (including any documents, data, specifications, software, content, or technology) provided by or on your behalf, or on behalf of any authorized user of your Account or instance of the Services, including Greetr's compliance with any specifications or directions provided by or on your behalf, or on behalf of any authorized user of your Account or instance of the Services to the extent prepared without any contribution by Greetr; allegation of facts that, if true, would constitute your breach of any of its representations, warranties, covenants, or obligations under these Terms.
C.Indemnification Procedure
Each Party shall promptly notify the other Party in writing of any potential claim for which such party believes it is entitled to be indemnified hereunder. The Party seeking indemnification (the "Indemnitee") shall cooperate with the other Party (the "Indemnitor") at the Indemnitor's sole cost and expense. The Indemnitor shall promptly assume control of the defense and shall employ counsel reasonably acceptable to the Indemnitee to handle and defend the same, at the Indemnitor's sole cost and expense. The Indemnitee may participate in and observe the proceedings at its own cost and expense with counsel of its own choosing. The Indemnitor shall not settle any such claim on any terms or in any manner that adversely affects the rights of any Indemnitee without the Indemnitee's prior written consent, which shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, you may not settle any third-party claim against Greetr unless such settlement completely and forever releases Greetr from all liability with respect to such third-party claim or unless Greetr consents to such settlement, and further provided that Greetr will have the right, at its option, to defend itself against any such third-party claim or to participate in the defense thereof by counsel of its own choice. If the Indemnitor fails or refuses to assume control of the defense of such Action, the Indemnitee shall have the right, but no obligation, to defend against such Action, including settling such Action after giving notice to the Indemnitor, in each case in such manner and on such terms as the Indemnitee may deem appropriate. The Indemnitee's failure to perform any obligations hereunder will not relieve the Indemnitor of its obligations, except to the extent that the Indemnitor can demonstrate that it has been materially prejudiced as a result of such failure.
D.Sole Remedy
THIS SECTION VI SETS FORTH YOUR SOLE REMEDIES AND GREETR'S SOLE LIABILITY AND OBLIGATION FOR ANY ACTUAL, THREATENED, OR ALLEGED CLAIMS THAT THE SERVICES OR DOCUMENTATION INFRINGES, MISAPPROPRIATES, OR OTHERWISE VIOLATES ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
VII.USE AT YOUR OWN RISK
Our goal is to provide helpful and accurate information on the Services and the Website, but we make no endorsement, representation or warranty of any kind about the Services or the Website. We are not responsible for the accuracy, reliability, effectiveness, or correct use of information you receive through the Services or the Website. If you rely on the Services or the Website, you do so solely at your own risk. In particular, users of the Services are responsible for their own actions and use of the Services, including entering information into, uploading materials into, and communicating within the Services.
VIII.VOID WHERE PROHIBITED
Although the Website and Services may be accessible worldwide, not all features discussed, referenced, provided or offered through or on the Website and Services may be available to all persons or in all geographic locations, or Services appropriate or available for use outside the United States. Greetr reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website and Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
IX.BREACH OF THESE TERMS
Without prejudice to Greetr's other rights under these Terms, if you breach these Terms or any of the policies and documents referenced herein, in any way or applicable law, Greetr may take such action as it deems appropriate to investigate and resolve the breach, including suspending or blocking your access to the Services and the Website, blocking computers or mobile devices using your IP address from accessing the Services and the Website, contacting your internet service provider to request that they block your access to the Services and/or bringing court proceedings against you, and terminating your account.
X.TERMINATION
Except as otherwise set forth on an Order Form, both you and Greetr may terminate these Terms at any time with notice to the other. On termination, you lose the right to access or use the Services and Website. The following shall survive termination: (a) our rights to use and disclose your feedback, (b) Sections I, II, III, X, XI, and XI, and (c) any amounts owed by either party prior to termination remain owed after termination.
MISCELLANOUS PROVISIONS
Emails and Communications
As part of your use of the Services, the Website, the Content or the Services, you may receive emails, text messages, in Services communications or other communications. By downloading and installing the Services and creating and account, you agree to the receipt of these communications. In the event that you wish to cease your receipt of these communications, please follow the process outlined in our Privacy Policy.
Third Party Links and Websites
The Services and the Website may contain links to third party websites, Service s, services and resources (collectively “Third Party Services”) that are not under Greetr’ s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Services.
Changes to the Services, Website and Our Policies
Greetr may change or discontinue, temporarily or permanently, any feature or component of the Services, the Website, the Content or the Services at any time without notice. Accordingly, we encourage you to periodically read these Terms as well as our Privacy Policy to determine the Terms to which you are bound. Greetr is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Services. We reserve the right to determine the timing and content of Services updates, which may be automatically downloaded and installed by Greetr products without prior notice to you. We may communicate with you about your account, the Services, the Website, the Content, the Services, and changes to these Terms and other policies via email (to the email address that you provide when you create your Account), in Services communications, Services notifications (provided that they are enabled), or text (to the mobile device number or address that you provide when you create your account). BY CONTINUING TO USE THE SERVICES, YOU AGREE THAT YOU WILL ACCEPT SUCH CHANGES IN THE METHOD SET FORTH HEREIN.
D.Entire Agreement
These Terms, together with the Order Form (as applicable) and any other documents incorporated herein by reference and all related exhibits and documentation attached to and referenced herein, constitutes the sole and entire agreement of the parties with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. Except as otherwise set forth on an Order Form, in the event of any inconsistency between the statements made in these Terms. Further, any purchase order provided by you is deemed to be accepted by Greetr solely for billing purposes, and any terms or conditions set forth on any such document shall not apply to these Terms or take precedence over these terms these Terms, regardless of whether such purchase order, order form, document or agreement states otherwise.
E.Headings and Interpretation
The headings in these Terms are for reference only and do not affect the interpretation of this Agreement. For purposes of these Terms: (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend these Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of these Terms to the same extent as if they were set forth verbatim herein.
F.Notices
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the parties at the addresses set forth herein (or to such other address that may be designated by the party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in these Terms, a Notice is effective only: (i) upon receipt by the receiving party, and (ii) if the party giving the Notice has complied with the requirements of this Section.
G.Acts of God
In no event shall Greetr be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Greetr's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
H.Amendment and Modification; Waiver
Except as otherwise set forth in these Terms or the documentation referenced herein, and any documentation referenced in or made available to you in connection with the Services, no amendment to or modification of or rescission, termination, or discharge of these Terms is effective unless it is in a writing that is mutually executed by the parties. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
I.Severability
If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
J.Governing Law; Submission to Jurisdiction
These Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts. Any legal suit, action, or proceeding arising out of this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the city of Boston and County of Suffolk, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
K.Assignment
You may not assign or transfer any of your rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Greetr. Any purported assignment, transfer, or delegation in violation of this Section is null and void. No assignment, transfer, or delegation will relieve the assigning or delegating party of any of its obligations hereunder. These Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
L.No Class Actions You may only resolve disputes with Greetr on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement
As part of your use of the Services, the Website, the Content or the Services, you may receive emails, text messages, in Services communications or other communications. By downloading and installing the Services and creating and account, you agree to the receipt of these communications. In the event that you wish to cease your receipt of these communications, please follow the process outlined in our Privacy Policy.
Third Party Links and Websites
The Services and the Website may contain links to third party websites, Service s, services and resources (collectively “Third Party Services”) that are not under Greetr’ s control. We provide these links only as a convenience and are not responsible for the content, products or services that are available from Third Party Services. You acknowledge sole responsibility and assume all risk arising from your use of any Third Party Services.
Changes to the Services, Website and Our Policies
Greetr may change or discontinue, temporarily or permanently, any feature or component of the Services, the Website, the Content or the Services at any time without notice. Accordingly, we encourage you to periodically read these Terms as well as our Privacy Policy to determine the Terms to which you are bound. Greetr is not liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Services. We reserve the right to determine the timing and content of Services updates, which may be automatically downloaded and installed by Greetr products without prior notice to you. We may communicate with you about your account, the Services, the Website, the Content, the Services, and changes to these Terms and other policies via email (to the email address that you provide when you create your Account), in Services communications, Services notifications (provided that they are enabled), or text (to the mobile device number or address that you provide when you create your account). BY CONTINUING TO USE THE SERVICES, YOU AGREE THAT YOU WILL ACCEPT SUCH CHANGES IN THE METHOD SET FORTH HEREIN.
D.Entire Agreement
These Terms, together with the Order Form (as applicable) and any other documents incorporated herein by reference and all related exhibits and documentation attached to and referenced herein, constitutes the sole and entire agreement of the parties with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, and representations and warranties, both written and oral, with respect to such subject matter. Except as otherwise set forth on an Order Form, in the event of any inconsistency between the statements made in these Terms. Further, any purchase order provided by you is deemed to be accepted by Greetr solely for billing purposes, and any terms or conditions set forth on any such document shall not apply to these Terms or take precedence over these terms these Terms, regardless of whether such purchase order, order form, document or agreement states otherwise.
E.Headings and Interpretation
The headings in these Terms are for reference only and do not affect the interpretation of this Agreement. For purposes of these Terms: (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation"; (b) the word "or" is not exclusive; (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole; (d) words denoting the singular have a comparable meaning when used in the plural, and vice-versa; and (e) words denoting any gender include all genders. Unless the context otherwise requires, references in these Terms: (x) to sections, exhibits, schedules, attachments, and appendices mean the sections of, and exhibits, schedules, attachments, and appendices attached to, these Terms; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. The parties intend these Terms to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, schedules, attachments, and appendices referred to herein are an integral part of these Terms to the same extent as if they were set forth verbatim herein.
F.Notices
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a "Notice") must be in writing and addressed to the parties at the addresses set forth herein (or to such other address that may be designated by the party giving Notice from time to time in accordance with this Section). All Notices must be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile, or email (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage pre-paid). Except as otherwise provided in these Terms, a Notice is effective only: (i) upon receipt by the receiving party, and (ii) if the party giving the Notice has complied with the requirements of this Section.
G.Acts of God
In no event shall Greetr be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations under these Terms, if and to the extent such failure or delay is caused by any circumstances beyond Greetr's reasonable control, including but not limited to acts of God, flood, fire, earthquake, explosion, war, terrorism, invasion, riot or other civil unrest, strikes, labor stoppages or slowdowns or other industrial disturbances, or passage of law or any action taken by a governmental or public authority, including imposing an embargo.
H.Amendment and Modification; Waiver
Except as otherwise set forth in these Terms or the documentation referenced herein, and any documentation referenced in or made available to you in connection with the Services, no amendment to or modification of or rescission, termination, or discharge of these Terms is effective unless it is in a writing that is mutually executed by the parties. No waiver by any party of any of the provisions hereof will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in these Terms, (i) no failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from these Terms will operate or be construed as a waiver thereof and (ii) no single or partial exercise of any right, remedy, power, or privilege hereunder will preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
I.Severability
If any provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify these Terms so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
J.Governing Law; Submission to Jurisdiction
These Terms are governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the Commonwealth of Massachusetts. Any legal suit, action, or proceeding arising out of this Agreement or the licenses granted hereunder will be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in the city of Boston and County of Suffolk, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
K.Assignment
You may not assign or transfer any of your rights or delegate any of its obligations hereunder, in each case whether voluntarily, involuntarily, by operation of law or otherwise, without the prior written consent of Greetr. Any purported assignment, transfer, or delegation in violation of this Section is null and void. No assignment, transfer, or delegation will relieve the assigning or delegating party of any of its obligations hereunder. These Terms are binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
L.No Class Actions You may only resolve disputes with Greetr on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed under our agreement
XII.CONTACT US
If you have additional questions about these Terms, please write to us using the feedback function in the Services or at:
Greetr, Inc.
177 Huntington Avenue,#170
Boston, MA 02115
Email Address: sales@greetr.io
Effective: March 1, 2023
177 Huntington Avenue,#170
Boston, MA 02115
Email Address: sales@greetr.io
Effective: March 1, 2023
What We Do
Greetr helps organizations radically change the game for applicants
