EULA
JANUARY 1, 2019
————
OLN TECH INC. (DBA AS OHANAME) END-USER LICENSE AGREEMENT
between
END-USER
and
OLN TECH INC. (DBA AS OHANAME)
CONTENTS
CLAUSE
1. Acknowledgements
2. Grant and scope of licence
3. License restrictions
4. Acceptable use restrictions
5. Intellectual property rights
6. No warranty or support
7. Limitation of liability
8. Termination
9. Communication between us
10. Events outside our control
11. Other important terms
PLEASE READ CAREFULLY BEFORE USING THE APP.
THIS AGREEMENT is dated January 1, 2019
This end-user license agreement (EULA) is a legal agreement between you (End-user) and OLN Tech Inc. (Licensor) for:
- OhanaMe mobile application software (App); and
- online or electronic documents (Documents).
We license the use of the App and Documents to you on the basis of this EULA and subject to any rules or policies applied by the Apple App Store (App Store). Licensor does not sell the App or Documents to you. Licensor and/or the owners of the App and Documents always remain the owners of the App and Documents.
Operating system requirements: This App requires an Apple device with the following requirements:
- Hardware – iPhone model 6S, 7 or later
- Most recent release of iOS 14 from Apple
- Mobile plan for data, voice, & text
Important Notice:
- By downloading the App from this website or clicking on the “Accept” button below you agree to the terms of the license which will bind you. The terms of the license include limitations on liability in condition 7.
- If you do not agree to the terms of this license, Licensor will not license the App and Documents to you, and you must stop the downloading process (as applicable) now by uninstalling the app.
- You are responsible for all data, voice, and text charges incurred related to the use of the App and Services.
- You expressly acknowledge and agree that the use of the licensed application is not intended to support or carry emergency calls or SMS messages to any emergency services.
- You should print a copy of this EULA for future reference.
AGREED TERMS
1.1 The terms of this EULA apply to the App or any of the services accessible through the App (Services), including any updates or supplements to the App or any Services, unless they come with separate terms, in which case those terms apply. If any open-source software is included in the App or any Service, the terms of an open-source license may override some of the terms of this EULA.
1.2 Licensor may change these terms at any time. The new terms will be reflected in the EULA and you may be required to read and accept them to continue your use of the Services. You accept the terms of any changes to the EULA with your continued use of the App and Services. The EULA is available on the OhanaMe Website.
1.3 From time to time updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the Services until you have downloaded the latest version of the App and accepted any new terms.
1.4 You will be assumed to have obtained permission from the owners of the mobile telephone or handheld devices that are controlled, but not owned, by you and described in condition 2.2(a) (Devices) and to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for data, text and voice access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App or any Service on or in relation to any Device, whether or not, it is owned by you.
1.5 By using the App or any of the Services, you consent to us collecting and using technical information about the Devices and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide any Services to you.
1.6 All information that you provide to the Licensor is true and accurate, including without limitation, the ages and states of residency of any user of the App.
1.7 By using the App or any of the Services, you consent to us collecting data, text and voice recordings to improve our products and to provide any Services to you.
1.8 By using the App or any of the Services, you consent to us sharing your contact information with your Ohana and if the Ohana contact information changes, it is your responsibility to update your Ohana contact information in the App.
1.9 By using the App or any of the Services, you acknowledge and consent to the extent any of the users of the App are minors,
(a) The App will be used only to aid in protecting and supporting the welfare of the minor for whom you are the legal guardian;
(b) You consent to the App granting you and any Ohana access to the location, data, text and voice messages of the minor that will be using the App;
(c) The App will only be used to monitor children for whom you are the legal guardians;
(d) You will not allow any other person other than you and the Ohana to access the information that the App collects.
1.10 The App or any Service may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under Licensor’s control, and Licensor is not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the content, purchase and use of any products or services accessible through them.
1.11 Any words following the terms including, include, or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
2.1 In consideration of you agreeing to abide by the terms of this EULA, Licensor grants you a non-transferable, non-exclusive license to use the App on the Devices, subject to these terms, the Privacy Policy and the App Store Rules, incorporated into this EULA by reference. Licensor reserves all other rights.
2.2 You may:
(a) download a copy of the App onto an Apple device and to view, use and display the App on the Devices for your personal purposes only.
(b) use the Documents for your personal purposes only.
Except as expressly set out in this EULA or as permitted by any local law, you agree:
(a) not to copy the App or Documents except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
(b) not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or Documents;
(c) not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
(d) not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
(i) is used only for the purpose of achieving inter-operability of the App with another software program;
(ii) is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
(iii) is not used to create any software that is substantially similar to the App;
(e) to include our copyright notice on all entire and partial copies you make of the App on any medium;
(f) not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and
(g) to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App or any Service (Technology),
together License Restrictions.
You must:
(a) not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Service or any operating system;
(b) not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service (to the extent that such use is not licensed by this EULA);
(c) not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
(d) not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
(e) not collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Service.
(f) not use or otherwise export or re-export the App except as authorized by the United States law and the laws of the jurisdiction in which the App was obtained such as (a) into any US-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
5.1 You acknowledge that all intellectual property rights in the App, the Documents and the Technology anywhere in the world belong to Licensor or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App, the Documents or the Technology other than the right to use each of them in accordance with the terms of this EULA.
5.2 You acknowledge that you have no right to have access to the App in source-code form.
6.1 You expressly acknowledge and agree that use of the App and any Documents and Services provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
6.2 To the maximum extent permitted by applicable law, the App and Documents and Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the App, Documents and Services, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. Licensor does not warrant against interference with your enjoyment of the App or Documents, that the functions contained in the App or Services will meet your requirements, that the operation of the App or Services will be uninterrupted or error-free, or that defects in the App or Services will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the App or Services prove defective, you assume the entire cost of any damages, consequences and all necessary servicing, repair or correction.
- LIMITATION OF LIABILITY
7.1 You expressly acknowledge and agree that use of the licensed application is at your sole risk and you acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as described in the Documents meet your requirements.
7.2 You expressly acknowledge and agree that the use of the licensed application is not intended to support or carry emergency calls or SMS messages to any emergency services. Neither the Licensor nor its representatives will be liable under any legal or equitable theory for any claim, damage, or loss (and you will hold Licensor harmless against any and all such claims) arising from or relating to the inability to use the App to contact emergency services.
7.3 Licensor only supplies the App and Documents for domestic and private use. You agree not to use the App and Documents for any commercial, business or resale purposes.
7.4 To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of business, business interruption, loss of business opportunity or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. In no event shall the Licensor’s total maximum aggregate liability under or in connection with this EULA (including your use of any Services) whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to fifty dollars ($50.00).
8.1 Licensor may terminate this EULA immediately:
(a) if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so;
(b) if you breach any of the License Restrictions or the Acceptable Use Restrictions; and
(c) on thirty days’ notice.
8.2 On termination for any reason:
(a) all rights granted to you under this EULA shall cease;
(b) you must immediately cease all activities authorized by this EULA;
(c) you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App and Documents then in your possession, custody or control and certify to us that you have done so.
8.3 Licensee may terminate the license. Upon notice of termination by the Licensee, the Licensee’s subscription will terminate at the end of the subscription period in which notice is given. All subscriptions are non-refundable.
9.1 If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail at support@olntech.com. Licensor will confirm receipt of this by contacting you in writing, normally by e-mail.
9.2 If Licensor has to contact you or give you notice in writing, Licensor will do so by e-mail to the email address you provide to us in your request for the App.
10.1 Licensor will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks, incompatibility and interactions between App and other software, hardware and/or technical standards (Event Outside Our Control).
10.2 If an Event Outside Our Control takes place that affects the performance of the Licensor’s obligations under this EULA:
(a) Licensor’s obligations under this EULA will be suspended and the time for performance of the obligations will be extended for the duration of the Event Outside Licensor’s Control; and
(b) Licensor will use Licensor’s reasonable efforts to find a solution by which the obligations under this EULA may be performed despite the Event Outside of Licensor’s Control.
11.1 Licensor may transfer the rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.
11.2 You may only transfer your rights or obligations under this EULA to another person if Licensor agrees in writing.
11.3 If Licensor fails to insist that you perform any of your obligations under this EULA, or if Licensor does not enforce our rights against you, or if Licensor delays in doing so, that will not mean that Licensor has waived their rights against you and will not mean that you do not have to comply with those obligations. If Licensor does waive a default by you, Licensor will only do so in writing, and that will not mean that Licensor will automatically waive any later default by you.
11.4 Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
11.5 This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Illinois. You and Licensor agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Cook, Illinois, to resolve any dispute or claim arising from this Agreement.
This agreement has been entered into on the date stated at the beginning of it.