Mobile Application End User License Agreement
Last Updated Oct 31, 2021
Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the Geogram - Live Map (“Geogram”) mobile application (“Mobile App”), which allows You to access all Geogram functions which described in "Term of service" (https://geo-live.web.app/docs/basic-documents/terms-of-service) and Auto-renewable Subscriptions (“Subscription Service”) -from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and Geogram (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA.
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1. LicenseGeogram grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal in accordance with this EULA.
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2. Your AccountYour use of the Mobile App requires that You have an account with Geogram and agree to Terms of service.
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3. Changes to this EULAGeogram reserves the right to modify this EULA at any time and for any reason. Geogram will post the most current version of this EULA at (https://geo-live.web.app/docs/basic-documents/eula). Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Geogram’s website even if these updated terms appear online at Geogram’s website before being posted on the Mobile App. Your continued use of the Mobile App after Geogram publishes notice of changes to this EULA indicates Your consent to the updated terms.
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4. No Included Maintenance and SupportGeogram may deploy changes, updates, or enhancements to the Mobile App at any time. Geogram may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
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5. Acceptable UseYou agree that You will not use or encourage others to use the Mobile App as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App. Your use of the Mobile App is governed by the Acceptable Use Policy (a current version of which can be found at https://geo-live.web.app/docs/basic-documents/terms-of-service). You also agree not to violate the usage limits or controls set forth by the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product.
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6. PrivacyIn order to operate and provide the Mobile App, Geogram may collect certain information about You, including technical data related to your use of the Mobile App. We use third party service providers to help us collect and analyze this data, including Google Analytics. Geogram uses and protects that information in accordance with the Geogram Privacy (a current version of which can be found at https://geo-live.web.app/docs/basic-documents/privacy-policy).
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7. No WarrantyGEOGRAM PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. GEOGRAM DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. GEOGRAM TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
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8. iOS ApplicationIn the event of Geogram's failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
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9. Suspension and Termination of the Mobile App.Geogram reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account according our terms of service.
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10. Legal ComplianceYou represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
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11. Purchases.Generally. Geogram may offer products and services for purchase ("in app purchases") through Apple iTunes.
Auto-Renewal:
Subscriptions are automatically renewed until you terminate or cancel the subscription. When you purchase a subscription, your Payment Method will continue to be billed monthly in advance within 24 hours of the date of the initial purchase at the price you agreed to when initially subscribing.
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12. Contact InformationIf You have any questions regarding this EULA, please contact Geogram by email at geogramlive@gmail.com
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13. Third Party BeneficiariesThis EULA is executed between You and Geogram and not between you and any other party, including Apple for iOS users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple, as applicable, to enforce this EULA against You as a third party beneficiary thereof. Geogram is not responsible for any applicable third-party agreement between You and any third-party, including your wireless provider.