End User License Agreement
This End User License Agreement (“EULA”) is entered into between you and
AppColony regarding your use of the One Tap application (the “Software”). Downloading or using the
Software is deemed to be your acceptance of this EULA. If you do not agree to
the terms of this EULA, and any future terms, you are not entitled to use the
Software and must uninstall the Software from all of your mobile devices.
TERMS OF DOWNLOAD SITE
The Software is made available to you
through certain providers (in particular, Apple Inc. and Google Inc.) that
operate online stores that facilitate downloading of mobile applications. A
provider of an online store is referred to in this EULA as a “Download Site Operator” and the store
referred to as a “Download Site”.
There are terms and conditions posted or made available from a Download Site
that may apply between you and the Download Site Operator, and your download
and use of the Software is subject to those terms as well as this EULA.
SCOPE OF LICENSE
The Software is licensed, not sold, to
you. You have no ownership rights in the Software or any related documentation.
AppColony retains all right, title and interest in and to the Software
(including any changes, modification, or corrections thereto) and any related
documentation. Subject to the terms and conditions of this EULA, AppColony
hereby grants to you a non-exclusive, non-assignable, non-transferrable license
without the rights to sublicense (the “License”)
to install and use one copy of the Software on a single compatible mobile
device (for example, an Apple iPhone OS product or android phone) you own or
control. Updates may be provided at the option of AppColony as and when
available. If an update is provided, the update will be subject to the EULA or
any replacement EULA that may be supplied as part of the update, as well as any
additional terms that may be included with the update.
This Software and any related
documentation are protected by copyright law and other intellectual property
laws and international treaty provisions. All title to and intellectual
property, including copyrights in the Software (including all logos, design and
images) are and shall remain the property of AppColony. AppColony reserves all
rights in the Software. All trade-marks used in the Software are trade-marks of
AppColony, other than the trade-mark of any sponsor of the Software (“Sponsors”), which is used with permission.
THIRD PARTY INTELLECTUAL PROPERTY
Title and intellectual property rights in and to any content
displayed by or accessed through the Software belongs to the respective content
owner. Such content is protected by copyright or other intellectual property
such content. This EULA does not grant you the right to copy, modify, adapt,
create derivative works or make other use of such content.
You agree to comply with all terms
and conditions of any third party whose software or services are used in
conjunction with the Software.
LIMITATION OF USE
You agree that you may not copy, modify,
adapt, translate into any language, distribute or create derivative works based
on the Software without the prior written consent of AppColony. You may not
assign this EULA or any of the rights or licenses granted under this EULA. You
many not rent, lease, or lend the Software to any person or entity. You
acknowledge that the Software contains proprietary trade secrets of AppColony.
You agree that you will not, and will not allow any other person, to decompile,
disassemble, reverse engineer, or attempt to reconstruct, identify or discover
any source code, underlying ideas, underlying user interface techniques, or
algorithms of the Software by any means whatsoever, except to the extent the
foregoing restriction is prohibited by applicable law. You may not remove,
alter or obscure any product identification, copyright, trade-mark, logos or
other intellectual property or legal notices in the Software. You are not
permitted to make the Software available over a network where it could be
downloaded by multiple users.
CONSENT TO COLLECTION AND USE OF DATA
The Software may allow at your
discretion, the collection and storage of data, content and materials created
by you (collectively, “User Data”).
You are in control of the information you enter, transmit or display in
connection with your use of the Software and you are solely responsible for the
consequences of any such actions. By using the Software, you give AppColony
permission to collect and store such User Data in an anonymous form, which will
be transmitted and shared with government agencies and Sponsors.
AppColony assumes no
responsibility whatsoever in relation to or arising from User Data or for
actively monitoring User Data for inappropriate or illegal content. AppColony
further assumes no responsibility whatsoever for the reporting or
identification of general or specific driving behaviors unless such service is
requested by you separately.
AppColony reserves the right to
prevent you from submitting User Data and to restrict or remove any User Data
for any reason at any time.
AppColony may ask you to
provide certain personal information about yourself during the Software
downloading process. Any information provided to AppColony about an individual
whose identity may be inferred or determined from the information is referred
to in this EULA as “Personal Information.”
All Personal Information that you provide to us will be handled by AppColony in
www.getonetap.come/privacy. AppColony will not disclose your Personal
Information collected through the Software to third parties without your
consent to do so. In the event that AppColony wants to share your Personal Information
with a third party, a notice will be sent to you through the Software
requesting permission to disclose your Personal Information to a named third
Party. You will have to check the relevant box indicating that you consent to
the disclosure of your Personal Information to the named third party.
You agree that AppColony may
collect and use technical data, including but not limited to your IP address
and technical information about your mobile device, operating system and
browser, to improve your experience with respect to the Software and to
facilitate the provision of software updates. AppColony may use this
information, as long as it is in a form that does not personally identify you,
to improve its products or to provide services or technologies to you.
CONFIDENTIALITY AND SECURITY
You are solely responsible for securing
and safeguarding your mobile device, and any information you choose to enter,
store or transmit using the Software.
MAINTENANCE AND SUPPORT
The Software is intended for personal and
individual use on a mobile device, and is free of charge to those who download
it. No maintenance or support services of any kind are included with the
Software and you expressly acknowledge that neither AppColony nor the Download
Site Operator have any obligation whatsoever to furnish maintenance and support
services with respect to the Software.
COST AND LIMITATIONS OF ACCESS
You are solely responsible for
your use of the Software on your mobile device, including without limitation
compliance with these and any applicable third party terms, and payment of any
applicable third party fees. Without limiting the generality of the foregoing,
you must provide at your own expense the equipment, mobile devices and/or any
service plan you use in connection with your use of the Software. You
acknowledge that when you use this Software, your wireless carrier may charge
you fees for data, messaging or other wireless access as applicable under your
service plan with such carrier.
AppColony does not guarantee
that this Software is accessible on all mobile devices or with all mobile
service plans. AppColony does not guarantee that this Software is or will be
available in all geographic locations at all times.
TERM AND TERMINATION
The term of the License begins on the date
you install the Software on your mobile device and is effective until
terminated by you or AppColony. Failure to comply with any terms of this EULA
shall result in the automatic termination of your rights under the License
without notice from AppColony. Upon termination of the License, you shall cease
all use of the Software and uninstall all copies of the Software in your
possession or control. Termination will not limit any of AppColony’s rights and
remedies under this Agreement. The provisions of Sections 3, 4, 5, 11, 13, 14,
15 and 17(c) shall survive termination or expiration of this EULA for any
THIRD PARTY MATERIALS
AppColony may provide links from the
Software to certain third party (“Third
Party Materials”). You acknowledge and agree that AppColony is not
responsible for examining or evaluating the content, accuracy, validity,
timeliness, copyright compliance, legality, decency, quality or any other
aspect of such Third Party Materials or websites. AppColony does not imply
approval or endorse such Third Party Materials and does not assume and will not
have any liability or responsibility for any Third-Party Materials or websites,
or for any other material, products, or services of third parties. You further
agree and acknowledge that you may be subject to other terms and conditions
from third parties when you use such third parties’ material, products,
services, software, websites or portals and that the present terms and
conditions may no longer apply.
that this EULA is between you and AppColony and not the Download Site Operators
or any Sponsor. AppColony is responsible for addressing any claims by you 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 abide by any applicable legal or regulatory
environment; and (iii) claims arising under consumer protection or similar
DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT
USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO
YOU “AS IS” WITHOUT WARRANTY, ASSURANCES OF GUARANTEE OF ANY KIND. APPCOLONY, ITS AFFILIATES AND ITS
LICENSORS (COLLECTIVELY, “APPCOLONY”
FOR THE PURPOSES OF THIS SECTION, THE LIMITATION OF LIABILITY SECTION AND
INDEMNIFICATION SECTION) DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES,
REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESS OR IMPLIED BY STATUTE,
CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT
LIMITATION: ANY IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY OR QUALITY, OF
FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED USE, OR ANY WARRANTY THAT THE
SOFTWARE IS ACCURATE OR COMPLETE. APPCOLONY DOES NOT WARRANT: AGAINST
INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL
MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE ERROR FREE; THAT
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR THAT THE SOFTWARE WILL BE
COMPATIBLE WITH ANY OTHER APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES OR LIMITATION OF RIGHTS OF CONSUMERS AND THUS, THE ABOVE
EXCLUSIONS AND LIMITATION MAY NOT APPLY TO YOU. APPCOLONY SHALL NOT BE LIABLE
TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES TO YOUR MOBILE DEVICE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, APPCOLONY SHALL IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO YOU
OR ANY PERSON CLAIMING THROUGH YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE,
LOST PROFITS, LOSS OF DATA, COMPUTER OR SECURITY FAILURE OR MALFUNCTION, OR ANY
OTHER FORM OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY
OR PUNITIVE DAMAGES WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY OR RESULTING
FROM: THIS EULA; THE SOFTWARE OR YOUR USE OF THE SOFTWARE; ANY FAILURE,
INTERRUPTION OR DEFECT IN THE SOFTWARE, THE DEVICE UPON WHICH THE SOFTWARE IS
STORED OR ANY THIRD PARTY SERVICES; ANY DELETION, CORRUPTION OR FAILURE OF THE
SOFTWARE TO STORE OR TRANSMIT DATA; ANY BREACHES RELATING TO OR ARISING FROM A
BREACH OF PRIVACY OR SECURITY IN TRANSMISSION, RETRIEVAL OR STORAGE OF DATA;
WHETHER SUCH DAMAGES ARISE IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR
OTHERWISE AND WHETHER APPCOLONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE. SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIABILITY EXCLUSIONS OR
DAMAGES LIMITATION AND THUS, THE ABOVE MAY NOT APPLY TO YOU.
You agree to indemnify and hold AppColony,
its affiliates and subsidiaries, and their respective directors, officers,
employees, agents, contractors or anyone else who has been involved in the
creation, production or delivery of the Software (collectively, the “Indemnified Parties”) harmless from and
against any claim, liability, loss, damages, costs and expenses incurred by the
Indemnified Parties arising out of or in connection with (i) your use of the
Software; (ii) your breach of this EULA; (iii) any action taken by AppColony as
part of its investigation of a suspected violation of this EULA or as a result
of its finding or decision that a violation of this EULA has occurred; or (iv)
any violation by you of any laws or rights of a third party.
USE OF SOFTWARE WHILE DRIVING
You agree not to use the Software while
driving any motorized vehicle in a manner that presents a danger to others,
that would constitute a criminal offence or give rise to civil liability. You
acknowledge and understand that use of the Software, other than for its
intended purpose, while driving is dangerous and may result in accidents. Your
use of the Software is at your sole risk.
Severability and Survival: If any
provision of this EULA is unenforceable under applicable law, the remainder of
the provision and this EULA shall continue in full force and effect.
Waiver: The failure by AppColony to
exercise or enforce any right or provision of this EULA shall not constitute a
waiver of its rights to subsequently exercise or enforce such right or any
other provision of this EULA.
Governing Law: The Software is available
only in Canada and is intended for use only by Canadian residents. You expressly
agree that the governing law and exclusive jurisdiction for any claim or action
arising out of or related to this Software shall be British Columbia, Canada.
Entire Agreement: This EULA is the
entire agreement between you and AppColony with respect to the Software and
supersedes all prior or contemporaneous understandings. We reserve the right to
modify this EULA at any time. Such modification shall be effective immediately
upon notice to you, which may be given by any means including, without limitation,
by posting a new EULA at www.getonetap.com/eula.
Your continued use of the Software after the provision of such notice shall be
deemed to constitute your acceptance of such modifications.
US Embargo Requirements: The Software is
intended for use by Canadians only. By downloading the Software 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; (ii) you will not use the Software in any such
place; and (iii) you are not listed
on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address: Any of your
questions, complaints or claims with respect to the Software should be directed
1019 Wharf Street,
Columbia, Canada V8W 2Y9
Third Party Beneficiary: You and
AppColony acknowledge and agree that the provider of the Download Site from
which you downloaded the Software from (Apple Inc. or Google Inc.) and the
subsidiaries of such provider, are third party beneficiaries of this EULA, and
upon your acceptance of the terms and conditions of this EULA, such provider
shall have the rights (and will be deemed to have accepted the right) to
enforce this EULA against you as a third party beneficiary thereof.