End User License Agreement (“EULA”) for CustomerRater App

 

This End User License Agreement (the “EULA” or “Agreement”) governs Your use of the “CustomerRater” software (“Software”) provided by RD Consulting Services, LLC (the “Company”) designed to operate on your iPhone, iTouch or iPad device. This EULA governs only that Software which may operate on an iPhone, iTouch or iPad device, or other computing device marketed or manufactured by Apple, Inc. (your “Apple Computing Device”). 

                  

Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by the Company. The most recent version of this Agreement shall always be available on the Internet at http://www.solid-soft.com/REST2/customerRaterEULA.html and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company policies related to use of the Software at any time and at its sole discretion by posting revisions on the Internet at http://www.solid-soft.com/REST2/customerRaterEULA.html. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

 

1. Acknowledgement.

 

Company and You, the end user of the Software, acknowledge that the Agreement is entered into by and between Company and You and with Apple, Inc. withstanding the foregoing, You acknowledge that Apple, Inc. and its subsidiaries are third party beneficiaries of this Agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. The Company is solely responsible for the Software and any content contained therein. You acknowledge that Apple, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

 

2. Incorporation of Apple, Inc.’s Licensed Application End User License Agreement.

 

This Agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of this Agreement, the “Software” is considered the “Licensed Application” as defined in the LAEULA and “Company” is considered the “Application Provider” as defined in the LAEULA. If any terms of this Agreement conflict with the terms of the LAEULA, the terms of this Agreement shall control. 

 

3. Allowable Uses of the Software.

 

Any use of the Software in any manner not allowed under this Agreement or the LAEULA, including, without limitation, resale, transfer, modification or distribution of the Software or copying or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays and other content provided by the Software is prohibited. This Agreement does not entitle You to receive and does not obligate Company to provide hard copy documentation, support, telephone assistance, or enhancements or updates to the Software. 

 

4. Limitation of Liability.

 

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SOFTWARE; AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA OR FAILURE OR MALFUNCTION OF YOUR APPLE COMPUTING DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.

 

The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

5. Your Information.

 

The Software may require transmission of information provided by You including usernames/passwords, your name, address, email addresses (collectively “Your Information”) in order send updates to you and establish secure access. You consent to the transmission of Your Information to Company and its agents. You acknowledge that Your Information will be stored by the Software in your Apple Computing Device in an encrypted format. Company makes no warranty that a third party can decrypt Your Information should a third party come into possession of Your Apple Computing Device. Company suggests and requests that You use all security features of Your Apple Computing Device, including the “Passcode Lock” function, to protect Your Apple Computing Device and the confidentiality of Your Information. Should You lose Your Apple Computing Device, or reasonably conclude that another person may access or have accessed Your Information on Your Apple Computing Device, You should immediately contact the credit card association or bank, which issued the credit card whose information is stored on Your Apple Computing Device. For further information on how the Company protects Your Information, read the Privacy Statement, which is incorporated into this Agreement by reference. The newest version of the Privacy Statement is available on the Company’s website at http://www.solid-soft.com.  

 

6. Acceptable Use.

 

Use of the Software and any of Your Information transmitted in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that

(a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;

(b) is unlawful, fraudulent or deceptive;

(c) uses technology or other means to access Company’s proprietary information that is  authorized by Company;

(d) uses or launches any automated system to access Company’s website or computer systems;

(e) attempts to introduce viruses or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment;

(f) attempts to gain unauthorized access to Company’s computer network or user accounts;

(g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability;

(h) violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that You remove the Software from Your Apple Computing Device for any reason, including but limited to Company’s reasonable conclusion that You have violated this Agreement.

 

7. Indemnification.

 

You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, and directors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney's fees) that arise from Your use or misuse of the Software, violation of this Agreement or violation of any rights of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate in asserting any available defenses. 

 

8. Intellectual Property Rights.

 

You and Company acknowledge that, in the event of any third party claim that the Software or Your use of the Software infringes any third party’s intellectual property rights, Company, Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, Your sole remedy shall be either to cease using the Software or to use a non infringing version of the Software should Company choose to provide you with such a non infringing version.

 

9. Product Claims.

 

You acknowledge that Company, Apple, Inc., is responsible for addressing any claims of the end user or any third party relating to the Software or Your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. 

 

10. Contact Information.

 

Should You wish to contact the Company with any questions, complaints or claims with respect to the Software, you should visit the Company’s website at www.solid-soft.com or email  support@solid-soft.com.

 

11. Proprietary Nature of Software and Marks. The Company owns the Software and any and all trademarks, service marks and other content included in the Software. The Software may use trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owner. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to You through the Software. The word mark “CUSTOMERRATER” and the “CustomerRater” logo are copyrighted, respectively.

 

12. “Opt In” For Push Messaging.

 

The Company may send You “push messages” or “push notifications” (collectively “Push Communications”) if Your Apple Computing Device supports Push Communications. By installing the Software, You agree to accept Push Communications and “opt in” to receive them. Should You wish to cease receiving Push Communications from the Company, You may turn off Push Communications for the Software by opening the “Settings” on your Apple Computing Device, selecting the “notifications” tab and selecting the “CustomerRater” button. 

 

13. Governing Law.

 

The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and Your use of the Software. Any action arising under this Agreement or use of the Software shall be judged in the courts of Suffolk County, New York. 

 

 

Privacy Statement

 

This Privacy Statement is part of the End User License Agreement (the “Agreement”) governing the use of the “CustomerRater” software (the “Software”) which may operate on any type of computing device and applies to Your use of the Software and the www.solid-soft.com website (the “Website”). You must be of legal age (over eighteen years of age in the United States) to use the Software. RD Consulting Services, LLC (the “Company”) recognizes that privacy is important and our goal is to protect Your private information.

 

1. Information the Company Collects and How We Use It.

 

a. The Software requires You to enter Your name, address and password as Your Personally Identifiable Information is stored by the Software in an encrypted format on Your mobile communications device.

 

b. You will be required to submit an email address so that You can use all of the features of the Software, including receiving a receipt of updated information about the software Software. The Company considers Your email address to be part of Your private information and will protect it accordingly.

 

c. Should You email the Company with questions, complaints or comments, the Company may retain such email communications. The Company will protect such email communications as Your private information and will not disclose any contents of the email communications unless as described in this Privacy Statement or upon Your written permission. 

 

d. We may present advertising links or links to Third Party Websites on the Website or in the Software. This Privacy Statement only applies to the Program’s Website. It does not govern the use of any Third party Website. If You believe You have an issue or complaint with an operator of a Third Party Website then You should contact such operator directly.

 

e. When You access the Website, the Website might record information sent by Your browser, including IP addresses of the computer You use, the kind of browser You use, and cookie information. The Company may use this information to improve users’ experience with the Website or to identify persons who may violate this Privacy Statement or the Agreement. 

 

f. The Company only processes information submitted to the Company, through the Software or to the Website for the purposes described in this Privacy Statement or in the Agreement. These purposes include: to improve the Company’s advertising efforts; research and analysis to improve the Software and Website and the services offered through the Software and Website; ensuring the proper functioning of the Software and the Website; developing new services or content for the Software and Website; and protecting Your rights and the rights of other users of the Software and Website. 

 

g. The Company may be required to disclose Your private information, Your Transaction Data or Your Personally Identifiable Information with law enforcement authorities pursuant to a court order or other legal process or if Company has knowledge or a reasonable belief that a violation of applicable law has occurred through use of the Software or the Website.

 

2. Information Sharing. 

 

a. Unless the Company has Your express consent or as stated in this Privacy Statement, the Company does not share any of Your private information or Personally Identifiable Information with any third parties.  

 

b. Should You come into possession of the private information, Your Transaction Data or Personally Identifiable Information of other users of the Software or Website, You are expressly forbidden from sharing such information with third parties unless You have express written consent from the user whose information is to be shared. Any sharing of such other users’ information without their consent is an express violation of this Privacy Statement and this Agreement. 

 

3. Information Security.

 

Although the Company takes appropriate security measures to protect Your private information stored by the Software, or other private information submitted through Website, our security efforts may be dependent upon the security procedures of certain third parties with whom the Company contracts for the provision of certain services. The Company can warrant or ensure that the security measures of such third party providers will protect such information. 

 

4. Enforcement.

 

The Company will enforce this Privacy Statement, and if You violate any of its terms, the Company may prevent You from using the Software or the Website. If You believe that a person has violated this Privacy Statement then contact the Company using the email addresses on the Website. If the Company believes that You or another person may have used the Software or Website to obtain the Personally Identifiable Information of another user of the Software or Website or for illegal or unlawful purposes then the Company reserves the right to submit any and all information the Company has related to the alleged incident to law enforcement entities.

 

5. Changes to this Privacy Statement.

 

This Privacy Statement may change from time to time. The most current version of the Privacy Statement will always appear on the Website and the most recent version shall supersede any and all other versions of this Privacy Statement. Company reserves the right to change or modify this Privacy Statement at any time and at its sole discretion by posting revisions on the Website. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

 

Copyright (C) 2015, RD Consulting Services, LLC. All rights reserved.