By downloading Timeability from Apple's software distribution platform ("App Store") or Google's software distribution platform ("Play Store"), and any update thereto (as permitted by this License Agreement), You agree to be bound by all of the terms and conditions of this License Agreement. If you do not agree to the terms of this License Agreement You are not authorized to use Timeability and must delete Timeability immediately. App Store and Play Store are referred to in this License Agreement as "Services."
Timeability when purchased or downloaded through the Services, is licensed to You for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to You. Timeability is to be used on devices that operate with Apple's operating systems ("iOS" and "Mac OS") or Google's operating system ("Android").
Timeability reflects on the time You spend with others — and is customized for iOS and Android mobile devices ("Devices"). Timeability is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use Timeability. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 Subject to the terms and conditions of this License Agreement, Licensor hereby grants to You a non-transferable, non-exclusive, non-sublicensable, revocable, limited, personal license to install and use Timeability on any Devices that You own or control as limited by the Usage Rules (“License”). You agree that the data gathered by Timeability may be accessed and used by other accounts associated with You via Family Sharing or volume purchasing if you specifically allow such sharing.
2.2 This License Agreement will also govern any updates to Timeability provided by Licensor that replace, repair, and/or supplement Timeability, unless a separate License Agreement is provided for such update, in which case the terms of that new License Agreement will govern. The definition of Timeability includes all updates to Timeability.
2.3 You may not share or make Timeability available to third parties without Licensors prior written consent. You may not sell, rent, lend, lease or otherwise redistribute Timeability.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of Timeability, or any part thereof.
2.5 Except as provided in this License Agreement, You may not copy or alter Timeability or portions thereof. You may create and store copies only on devices that You own or control for backup purposes under the terms of this License Agreement and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices from Timeability. You acknowledge that no unauthorized third parties may gain access to any copies of Timeability at any time. If You sell your Devices to a third party, you must remove Timeability from the Devices before doing so.
2.6 2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this License Agreement should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.
3.1 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time
Timeability may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide You with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Licensor or in Timeability, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of Timeability and through third-party websites or applications. As such, any Contributions You transmit may be treated as non-confidential and non-proprietary. When You create or make available any Contributions, You represent and warrant that:
Any use of timeability in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use Timeability.
By posting your Contributions to any part of Timeability or making Contributions accessible to Timeability by linking your account from Timeability to any of your social networking accounts, You automatically grant, and you represent and warrant that you have the right to grant, to Licensor an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
The license in the paragraph above will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and You warrant that moral rights have not otherwise been asserted in your Contributions.
Licensor does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. Licensor is not liable for any statements or representations in your Contributions provided by You. You are solely responsible for your Contributions and you expressly agree to hold harmless Licensor from any and all responsibility and to refrain from any legal action against Licensor regarding your Contributions.
Licensor has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations in Timeability; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. LIcensor has no obligation to monitor your Contributions.
Licensor has not agreed to and does not agree to treat as confidential any Feedback (as defined below) You provide to Licensor, and nothing in this License Agreement or in the parties’ dealings arising out of or related to this License Agreement will restrict Licensor’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting You. “Feedback” means any suggestion or idea for improving or otherwise modifying Timeability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF PROFITS, REVENUE, DATA OR USE, OR FROM INTERRUPTED COMMUNICATIONS OR DAMAGED DATA, OR FROM ANY DEFECT OR ERROR OR IN CONNECTION WITH YOUR ACQUISITION OF SUBSTITUTE GOODS OR SERVICES OR MALFUNCTION OF TIMEABILITY OR ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY, EVEN IF LICENSOR OR ANY OTHER PERSON HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY TO ACHIEVE ITS INTENDED PURPOSE. WITHOUT LIMITING THE FOREGOING OR ANY OTHER LIMITATION OF LIABILITY HEREIN, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING IN ANY WAY IN CONNECTION WITH OR RELATED TO THIS LICENSE AGREEMENT, OR TIMEABILITY, FOR ANY CAUSE WHATSOEVER, IS TO STOP USING TIMEABILITY.
TIMEABILITY IS PROVIDED “AS IS” WITHOUT WARRANTY AND LICENSOR EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, OR SPECIFICATION, AS WELL AS ANY WARRANTIES THAT TIMEABILITY (OR ANY ELEMENTS THEREOF) WILL ACHIEVE A PARTICULAR RESULT, OR WILL BE UNINTERRUPTED OR ERROR-FREE. You agree that neither Licensor nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, with respect to Timeability. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Licensor, its representatives, or any other party outside of this License Agreement with respect to Timeability shall be deemed to create any express or implied warranty on the part of Licensor or its representatives.
You represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country; and that You are not listed on any US Government list of prohibited or restricted parties
For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact: hello@timeability.com.
This License Agreement may be terminated by Licensor or by You at any time and for any reason. Upon termination of this License Agreement, the License granted to You in Section 2 automatically terminates. If Upon termination of this License Agreement, You shall stop all use of Timeability, and destroy all copies, full or partial, of Timeability.
This License Agreement is governed by the laws of the State of Tennessee excluding its conflicts of law rules.The application of the U.N. Convention on Contracts for the International Sale of Goods is specifically disclaimed and shall not govern or apply to Timeability provided in connection with this License Agreement, including the warranty terms herein. The sole and exclusive jurisdiction and venue for any actions concerning the enforcement, construction, or interpretation of this License Agreement shall be in the Chancery or Circuit Courts of Knox County, Tennessee, or in the Federal District Court for the Eastern District of Tennessee, Northern Division, sitting in Knoxville, Tennessee.
16.1 If any of the terms of this License Agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
16.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.
16.3 Licensor may assign the rights of Licensor under this License Agreement without prior notice to You and upon such assignment, Licensor shall be released from all liability under this License Agreement. You may not delegate, assign, or sublicense this License Agreement or any rights under this License Agreement without the prior written consent of Licensor, such consent to be granted or withheld in Licensor’s sole and absolute discretion, and any such delegation or assignment shall be ineffective.
16.4 This License Agreement sets forth the entire understanding between You and Licensor with respect to the matters set forth herein and supersedes all previous licenses, agreements, and representations with respect to Timeability.