This End User License Agreement and Terms of Service (this “Agreement”) constitutes a binding contract between you and My True, Inc. (“My True”) governing your use of Evolve (the “App”). By accessing or using the service, you agree that you have read, understood, and agree to be bound by this Agreement. If you do not agree, then you may not use the service.
Subject to your compliance with all of the terms of this Agreement, My True hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to download, install and use one copy of the App for the sole purpose of your personal use on any electronic devices you own or control. This Agreement does not provide you with title to or ownership of the App, but only a limited license to use the App in accordance with the terms of this Agreement. All rights that are not expressly granted to you in this Agreement are retained by My True and its licensors.
The term of this license shall commence upon your earlier installation or use of the App and ends upon the earlier of: (a) you deleting and permanently purging all copies of the App in your possession from any computer, mobile device or other medium on which you have stored or installed it; or (b) your failure to comply with the terms or conditions of this Agreement. In the event this license terminates for any reason, then all rights and licenses granted to you hereunder shall terminate, you shall cease to use the App, and you shall delete and permanently purge all copies of the App from any computer, mobile device or other medium on which you have stored or installed it. The restrictions and terms in Sections 2 through 6 below shall survive termination of this license and Agreement.
The functionality of the App is in part dependent on the App communicating with My True software operating on My True servers (which software processes the communicated data and formulates recommendations which are conveyed to you through the App). In order for the App to communicate with the My True servers you must be registered with My True and associated with this App. Currently My True does not charge any fee or recurring fee for such registration and use of services provided by separate My True software and servers. However, in the future My True may, in its sole discretion, (a) elect to cease providingsuch services to the App; or (b) charge periodic (such as annual) subscription fees for continued access to such services and terminate such services to you and the App if you do not elect to so subscribe and pay the applicable subscription fees. In addition, My True may suspend or terminate your subscription and access to such services at any time in the event that you breach, or My True reasonably suspects you have breached, the terms of this Agreement or any My True policies then in effect and posted on My True’s website at evolveapp.com. You understand that without such continued subscription and My True’s provision of the related services, the functionality of the App may be impaired or cease.
By using the App, you further agree that My True may change, alter, or modify the settings or configurations on your device used to access the App in order to allow for or optimize your use of the App.
2. Restrictions on Use.
You shall not, and shall not permit any third party, to: (i) modify or create any derivative work of the App or any part of the App; (ii) reverse engineer, decompile or disassemble the App, in whole or in part; (iii) use the App for any commercial purpose; (iv) distribute, rent, lease, lend, sell, license, assign, export, import, convey or otherwise grant rights to third parties with regard to the App or any copies or any part of the App; (v) make a copy (other than a backup copy) of the App or any part of the App (other than as expressly permitted herein); (vi) use or install the App on a network or for on-line use; (vii) remove, modify or obscure any copyright, trademark, or other proprietary notice, author attributions, legal notices or other labels appearing within the App; and/or (viii) export or transport the App into any country in violation of any U.S. or other export laws and regulations.
The App may require an Internet connection to access or enable certain features of the App, authenticate that you have a valid license to the App, or perform other functions. If the device on which the App is installed does not have Internet access and the App does not have the necessary permissions to fully access such Internet access, then the App or certain features of the App may not operate or may cease to function properly, either in whole or in part.
The App may include digital rights management controls and other technical measures to control access to the App, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this Agreement. Only App subject to a valid license can be used to download updates and patches and access any online services that My True may make available from time to time in its discretion. You may not interfere with such access control measures or attempt to disable or circumvent such security features.
3. Ownership and Proprietary Rights.
My True and its licensors are the sole owners of the App and of all right, title and interest therein, including, but not limited to, all copyright, trade secret, patent, trademark and other intellectual property rights in and to the App, and including with respect to the App code, graphics, characters, and audiovisual elements that comprise or are displayed by the App. The App is protected by copyright and other intellectual property laws and treaties. The App is licensed, not sold. You acknowledge and agree that any unauthorized use of the App is a violation of this Agreement as well as a violation of intellectual property laws, including, without limitation, copyright laws and trademark laws.
If the functionality of the App, including future updates to the App, allows you to create or upload content, including but not limited to text and imagines, you hereby grant My True a perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions solely for purposes of providing you services and suggestions through the APP and for internal use to improve the App and related services. This license grant to My True, and the above waiver of any applicable moral rights, survives any termination of the license granted in Section 1 or this Agreement.
You represent and warrant to My True that: (i) when downloading and registering this App you have provided, and will continue to provide, information that is correct and current; (ii) your performance under this Agreement and use of the App will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; (iii) 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; and (iv) that you are not listed on any U.S. Government list of prohibited or restricted parties.
4. Information Collected by My True and Privacy.
5. Disclaimer of Representations and Warranties; Limitation of Liability.
The App (including related services) is provided “as is” and with all faults, and My True makes no representation or warranty with respect to the performance or function of the App or with respect to benefits you may attain from use of the App. My True, to the full extent permitted by applicable law (some jurisdictions limit disclaimers of consumer warranties), hereby disclaims any and all representations and warranties, express or implied, by operation of law or otherwise, regarding or relating to the App or any benefits you may attain from use of the App, including, but not limited to, any warranties of merchantability or fitness for a particular purpose, or of reliability or availability or that the App will be uninterrupted or error free or that it will be interoperable with any other application or service. My True makes no guaranty or warranty that your use of the App will correctly or accurately identify potential dating partners or improve dating experiences. The suggestions provided by the App are only one source of information or advice and should not be relied on by itself in making decisions. The App does not perform background checks on potential dating partners and it is solely your responsibility to make decisions on who to date and to take all necessary safety and health precautions.
My True expressly disclaims any warranties with respect to performance or operability of any other dating application or dating services through use of the App.
To the maximum extent permitted by applicable law, My True and its suppliers and licensors will not be liable for any special, incidental, indirect, consequential, exemplary, or punitive damages resulting from your use, misuse or possession of the App, including from the malfunction of or inability to use the App, including, but not limited to, damages to property, computer failure, loss of revenue, profits or goodwill, unauthorized access to or alteration of, or loss of or damage to, your transmissions of data or any other matter relating to the information or content contained within or accessed through the App, personal injuries from any causes of action arising out of or related to this Agreement or the App, whether resulting from breach of contract, tort or other legal liability whatsoever, even if My True has been advised of the possibility of such damages. You remain responsible for monitoring your own health in consultation with your physician and you should not engage in activities or exercise that is not appropriate for your physical condition or not recommended by your physician. The maximum aggregate liability of My True arising out or relating to this Agreement and your use and possession of the App shall not exceed the total fees paid by you for your license to the App.
You should contact My True concerning any defects or performance issues in the App using the contact information provided below. The market or application store from where you downloaded the App has no responsibility to provide support and maintenance for the App or its installation, and all requests for any support and maintenance, and any complaints, with respect to the App should be addressed to My True by email at info@Evolveapp.com.
You may not assign, sublicense, or transfer any of your licenses, rights, or obligations under this Agreement without the written consent of My True. My True may assign this Agreement to an affiliate or to a successor in interest to the App. Any assignment, sublicense, or transfer by you in violation of this subsection shall be void and without force or effect. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
This Agreement applies to updates, supplements, add-on components, or Internet-based services components, of the App that My True may provide to you or make available to you after the date you obtain your initial copy of the App, unless we provide other terms along with the update, supplement, add-on component or Internet-based services component. My True reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the App and to discontinue supporting the App or its network, in whole or in part.
You acknowledge that the App may be subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that may apply to the App, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and any other applicable governments. The information provided in connection with the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject My True to any registration requirement within such jurisdiction or country. This App is controlled by My True from its offices within the United States of America and My True makes no representation that materials on the App are appropriate or available for use in other locations. Those who choose to access the App from other locations do so on their own initiative and risk and are responsible for compliance with local laws regarding online conduct and acceptable content, if and to the extent local laws are applicable.
All questions concerning the validity, operation, interpretation, and construction of the Agreement will be governed by and determined in accordance with the substantive laws of the Commonwealth of Massachusetts without regard to its conflicts of law provisions. The United National Convention for the International Sale of Goods shall not apply. Other than as necessary to enforce any final judgment, award or determination, any action brought pursuant to or in connection with this Agreement shall be brought only in the state or federal courts within the Commonwealth of Massachusetts without regard to its conflict of laws provisions and both parties hereby submit to the personal jurisdiction of the state and federal courts situated in the Commonwealth of Massachusetts and waive any objections to venue of such courts.
Any delay or failure on the part of My True to exercise or enforce any rights under this Agreement to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. You irrevocably agree that you waive any and all rights to injunctive or other equitable relief.
You agree that regardless of any statute or law to the contrary, any claim or cause of action, arising out of or related to, use of the App or this Agreement must be filed in an applicable tribunal within one (1) year after such claim or cause of action arose or be forever barred. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims and causes of action you may have in connection with or related to the App or this Agreement will be resolved individually, without resort to any form of class action.
This Agreement is the complete and exclusive agreement between you and My True regarding the App and your license to the App and it supersedes and renders null and void any and all prior agreements, understandings, representations, conditions, and other communications between My True and you. To the extent the terms of any My True policies or programs for support services conflict with the terms of this Agreement, the terms of this Agreement shall control. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, it shall be severed to the minimum extent required for the other provisions to continue in full force and effect. The Agreement may be modified by time-to-time by My True at the same time when the App is upgraded and your continued use of the App after such upgrade means that you have agreed to accept any changes or modifications made by My True to this Agreement.
This Agreement constitutes a valid and binding agreement between My True and you, as a user, for the use of the App. You must enter into this Agreement by clicking on the ACCEPT button in order to install and use the App or you may not use the App and by doing so you intend to create an electronic signed writing. You hereby agree and acknowledge that this Agreement covers all your use of the App, whether it be from this installation or from any other terminals where the App has been installed, by you or by third parties. Furthermore, by installing and continuing to use the App you agree to be bound by the terms of this Agreement and any new versions hereof.
7. Terms Applicable if Accessing the App Through an Apple Device.
If you are accessing or using the App through an Apple device, the following additional terms and conditions are applicable to you and are incorporated into the Agreement by this reference:
(a) To the extent that you are accessing the App through an Apple device, you acknowledge that this Agreement is entered into between you and My True and, that Apple, Inc. (“Apple”) is not a party to this Agreement other than as third party beneficiary as contemplated by Section 7(h) of this Agreement below. You acknowledge that My True, and not Apple, is responsible for providing the App and content thereof.
(b) The license to the App granted in Section 1 of this Agreement is further limited to installing and using the App only on an iPhone or iPad touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (see www.apple.com/legal/itunes/us/terms.html). For purposes of clarity, the license granted to you in Section 1 of this Agreement is non-transferable.
(c) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the App. To the extent that there are any such maintenance or support obligations under applicable law or the terms of this Agreement, My True is solely responsible.
(d) In the event of any failure of the App to conform to any applicable warranty (none of which is granted under this Agreement), you may notify Apple, and Apple will refund the purchase price for the App to you (if any); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty (if any after giving effect to the disclaimers or warranty and limitations of liability in this Agreement) will be My True’s sole responsibility.
(e) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and My True, My True, and not Apple is responsible for addressing any claims you or any third party may have relating to the App, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App fails to confirm to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit My True’s liability to you beyond what is permitted by applicable law.
(f) You agree that in the event of a third party claim that the App or your possession and use of the App infringes on a third party's intellectual property rights, My True (and not Apple) will be solely responsible for any investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(g) If you have any questions, complaint or claims with respect to the App they should be directed to My True by email at info@Evolveapp.com.
(h) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
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