Mobile Application End User License Agreement
Last modified: 08.03.21
This Mobile Application End User License Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and MeetNative, Inc (“Company” or “we”). This Agreement governs your use of the MeetNative application, including all related content and documentation (the “Application”). The Application is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
The Company provides a technology platform which enables users to receive exclusive perks with independent third party providers of such services (“Service Providers”), who have no affiliation with the Company. The Service Providers will provide the services on their own distinct terms and conditions.
YOU ACKNOWLEDGE THAT THE COMPANY IS SOLELY A TECHNOLOGY PLATFORM AND DOES NOT PROVIDE OTHER SERVICES.
License Grant. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, non-transferable license to:
License Restrictions. Licensee shall not:
Reservation of Rights. You acknowledge and agree that the Application is provided under a license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions and restrictions under this Agreement. Company reserves and shall retain all right, title and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
Accessing the Application and Account Security. Company reserves the right to withdraw or amend the Application, and any service or content provided in the Application, in its sole discretion without notice. Company will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Application, or the entire Application. You are responsible for: (a) making all arrangements necessary for you to have access to the Application; and (b) ensuring that all persons who access the Application through your internet connection/wifi service are aware of this Agreement and comply with it.
If you choose or are provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Application or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.
Purchases and Other Terms and Conditions. As a user of the Application, you agree that any amounts charged as a result of a Service Provider providing services to you (“Charges”) are required and must be paid immediately upon completion of a Service Provider’s provision of such services. Charges are set forth in further detail in the Application from time to time, as determined by Company in its sole discretion.
You are permitted to, but are not required to tip your Service Provider.
Company reserves the right to modify the Charges at any time in its sole discretion.
You, as a user of the Application, shall be responsible for all Charges incurred on your account, regardless of whether you personally incurred or are aware of such Charges. All Charges are processed through a payment processing service that is not affiliated with the Company and the Company may change the selected payment processing service at any time without notice. All payments for services provided by a Service Provider in connection with the use of the Application must be paid through the MeetNative, Inc Application/payment platform. The Charges are non-refundable, regardless of any disruption to the Application or any platform used by you in connection with the Application, or any other reason. We reserve the right to offer incentives/promotions to any user or no user at all and are not required to offer the same incentives/promotions to all users at the same time. We may seek authorization from your payment method provider in order to verify your payment method and confirm that you are permitted to pay for the services provided in connection with your use of the Application; however, this authorization is not a charge, despite the possibility that it may reduce your overall available credit and may subject you to overdraft or insufficient funds charges. We are not responsible for your overdraft or insufficient funds charges, irrespective of how the charges were incurred.
Intellectual Property Rights. The Application and its contents, features and functionality (including, but not limited to, all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Company and are protected by US and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Company name, logo and all related names, logos, product and service names, designs and slogans are intellectual property of Company or its affiliates. You may not use such intellectual property without the prior written permission of Company. All other names, logos, product and service names, designs and slogans in the Application are the intellectual property of their respective owners.
You must not:
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Content and Services in breach of this Agreement, your right to use the Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You may use the Application only for lawful purposes and in accordance with this Agreement. You agree not to use the Application, Content and Services:
Additionally, you agree not to:
User Contributions. The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, interactive mapping functions and other interactive features (collectively, “Interactive Services”) that allow users and Service Providers to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials, to include their physical location (collectively, “User Contributions”), on or through the Application. All User Contributions must comply with the Content Standards set forth herein. Any User Contribution you post to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and Service Providers, and each of their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings. You represent and warrant that: (a) you own or control all rights in and to the User Contributions you post and have the right to grant the license granted above to us and our affiliates and Service Providers, and each of their respective licensees, successors and assigns; and (b) all of your User Contributions do and will comply with this Agreement. You understand and acknowledge that you are responsible for any User Contributions you post, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible or liable to any person or entity for the content or accuracy of any User Contributions posted by you or any other user of the Application (including Service Providers).
If you believe that any User Contribution violates your copyright, please see our contact information in this Agreement and send us a notice of copyright infringement. It is the policy of the Company not to condone intellectual property infringement.
Content Standards. These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Monitoring and Enforcement.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity or other information of anyone posting any materials on or through the Application. YOU HEREBY WAIVE AND HOLD THE COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review material before it is posted on the Application. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user, Service Provider or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
Prohibited Acts. We reserve the right to deactivate your account in the event you fail to abide by the restrictions set forth in this Agreement. As a user of the Application, you shall not and are prohibited from: violating any law, statute, ordinance or regulation; acting in a deceiving or fraudulent manner; threatening any person; harassing any person; defaming any person’ interfering with the services intended to be provided in connection with the Application; using the Application to infringe on any party’s legal rights, to include intellectual property rights; infringing on our intellectual property rights or acting to copy or mimic the Application in any way; modifying the Application in any way, whether for your own use or the use of another, to include reverse engineering of the Application; using any application to alter the presentation of the Application; creating any liability for the Company; or causing any other party to engage in any of the aforementioned activities.
Reliance on Information Posted. The information presented on or through the Application or Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Application or Website, or by anyone who may be informed of any of its contents. The Application may include content provided by third parties, including materials provided by other users, bloggers and third party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing the materials.
Communications, Linking to the Application and Social Media Features. You hereby consent to accept and receive communications from us, and from Service Providers, including via electronic mail (e-mail), text message, phone call, push notification, and any other form of messaging to your e-mail or phone number, as provided by you. You further consent to acceptance of messages delivered via automatic dialing systems. YOU MAY OPT OUT OF PROMOTIONAL MESSAGES BY SENDING AN UNSUBSCRIBE NOTICE TO: email@example.com. You acknowledge that opting out of receiving promotional messages may impact your use of the Application.
You may link to our Application, provided you do so in a manner that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part
The Application may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
Third Party Materials. The Application may display, include, or make available third party content (including data, information, applications, and other products, services and/or materials) or provide links to third party websites or services, including through third party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
Complaints. Any complaints relating to the services performed by a Service Provider shall be submitted to the Company to firstname.lastname@example.org. The Company will attempt to facilitate any claims or disputes between you and the Service Provider; provided, however, that you acknowledge and agree that the Service Provider is solely responsible for its acts or omissions and that you will seek remedial action solely from the Service Provider or its insurer.
Term and Termination.
Disclaimer of Warranties. WE ARE PROVIDING THE APPLICATION AND THE CONTENT AND SERVICES IN CONNECTION THEREWITH (SPECIFICALLY EXCLUDING THOSE SERVICES BY SERVICE PROVIDERS) WITHOUT ANY WARRANTY AND, AS SUCH, WE DO NOT WARRANT THAT THE APPLICATION WILL BE ACCURATE, FUNCTIONAL AT ALL TIMES, FREE OF ERROR, RESPONSIVE, OR OTHERWISE FREE OF ANY DEFECTS, WHETHER PERCEIVED OR ACTUAL. WE FURTHER DO NOT WARRANT THAT ANY OF THE FOREGOING ISSUES WILL BE FIXED OR THAT THE APPLICATION IS FREE OF MALWARE, VIRUSES OR OTHER HARMFUL PROGRAMS.
WE DO NOT CONTROL THE SERVICE PROVIDERS OR THE QUALITY OF SERVICES THAT THEY PROVIDE TO YOU, NOR DO WE REPRESENT OR WARRANT THE TIMELINESS OF THE SERVICE PROVIDERS OR THE COMPLETENESS OF THEIR WORK, AS EACH IS AN INDEPENDENT CONTRACTOR. THE SERVICE PROVIDERS ARE RESPONSIBLE FOR ALL SERVICES AND THE COMPANY IN NO WAY PROVIDES ANY REPRESENTATION OR WARRANTY AS TO THE WORKMANSHIP OR QUALITY OF THE EXPERIENCES. WE ENCOURAGE USERS AND SERVICE PROVIDERS TO COMMUNICATE DIRECTLY IN ORDER TO CONFIRM THAT THE DESIRED SERVICES WILL BE PERFORMED AND TO FURTHER CONFIRM THAT THE AGREEMENT IS BEING COMPLIED WITH BY EACH PARTY.
WE DO NOT CARRY INSURANCE FOR SERVICE PROVIDERS, NOR DO WE ASSIST THEM IN OBTAINING ANY INSURANCE COVERAGE WHICH THEY ARE REQUIRED TO OBTAIN AS A SERVICE PROVIDER. SERVICE PROVIDERS ARE SOLELY RESPONSIBLE FOR ALL INSURANCE COVERAGE RELATING TO THEIR EXPERIENCES/SERVICES. WE DO NOT CARRY INSURANCE THAT PROTECTS THE USERS OR THEIR PROPERTY. YOU ACCEPT ALL RISKS ASSOCIATED WITH USING THE APPLICATION AND ANY OF THE SERVICES PERFORMED INCIDENT THERETO AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF USERS OR SERVICE PROVIDERS, AS APPLICABLE IN EACH INSTANCE.
WE ARE NOT RESPONSIBLE FOR THE SAFEKEEPING OF ANY PERSONAL INFORMATION DISCLOSED IN CONNECTION WITH YOUR USE OF THE APPLICATION AND WE DISCLAIM ALL LIABILITY FOR THE ACTS OR OMISSIONS OF ANY OTHER PERSONS OR ENTITIES WHO OBTAIN SUCH INFORMATION, WHETHER RIGHTFULLY OR WRONGFULLY OBTAINED.
THE APPLICATION MAY PROVIDE LOCATION DATA TO USERS, SERVICE PROVIDERS AND OTHER THIRD PARTIES. AS SUCH, LOCATION DATA IS NOT PRIVATE AND, BY USING THE APPLICATION, YOU MAY BE SHARING LOCATION DATA OR RELYING UPON LOCATION DATA THAT MAY LEAD TO UNKNOWN RISKS, AS THE ACCURACY OF SUCH LOCATION DATA IS NOT GUARANTEED BY US AND OTHERS MAY HAVE ACCESS TO LOCATION DATA THAT YOU DID NOT INTEND TO SHARE WITH THEM.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET, ANY MOBILE APPLICATION SOURCE, OR THE APPLICATION WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APPLICATION FOR ANY RECONSTRUCTION OF ANY LOST DATA.
WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR MOBILE DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY CONTENT OR SERVICES OBTAINED THROUGH THE APPLICATION.
THE APPLICATION IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, 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, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
IN ADDITION, COMPANY IS NOT RESPONSIBLE FOR DAMAGE TO, THEFT, OR LOSS OF USERS’ PROPERTY, OR THE ACTS OF OTHER USERS, SERVICES PROVIDERS OR THIRD PARTIES. THIS INCLUDES ANY LIABILITY FOR DAMAGE OR THEFT TO PROPERTY BY SERVICE PROVIDERS OR THIRD PARTIES PROVIDING EXPERIENCES/SERVICES. USERS AGREE THAT THEY USE THE APPLICATION AND THE RELATED CONTENT AND SERVICES AT THEIR OWN RISK.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless Company and its insurers, officers, managers, members, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application. Additionally, you agree to hold harmless Company from and against any and all losses, damages, liabilities, claims, actions, judgments, costs or expenses of whatever kind arising from or relating to damage or liability resulting from (i) services provided by Service Providers or Third, or (ii) your failure to comply with this Agreement.
Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
US Government Rights. The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
Limitation on Time to File Claims. TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States or any of its territories or possessions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
Severability. If any provision of this Agreement is invalid, illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Governing Law. This Agreement is governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule.
Arbitration; Class Action Waiver.
Non-Disparagement. You agree and covenant that you will not at any time make, publish, or communicate to any person or entity or in any public forum, social media, or other medium, any defamatory or disparaging remarks, comments, or statements concerning the Company or its business, or any of its employees, officers, contractors, customers, owners, and other associated third parties. This provision does not, in any way, restrict or impede you from exercising protected rights to the extent that such rights cannot be waived by agreement under applicable law.
Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Modifications to Agreement. Company may revise and update this Agreement from time to time in its sole discretion. All modifications are effective immediately when posted, and apply to all access to and use of the Application thereafter. However, any changes will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Application. Your continued use of the Application following the posting of a revised Agreement means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Your Comments and Concerns. The Application and Website are operated by MeetNative, Inc.
All other feedback, comments, requests for technical support and other communications relating to the Application should be directed to: Contact@meetnative.com
Thank you for visiting the Application.