Last Updated: Sep 2021
(i) When you browse or visit our website, https://chiefofstuff.com/; https://www.getstuff.com/; https://aui.io/ (“Website”);
(ii) When you make use of or interact with, our Website;
a. When you request to be notified of our launch;
b. When you request to contact us;
c. When we process your job application;
d. When you take part in our test to become a Virtual Assistant;
(iii) When you make use of, or interact with, our App mobile software application, and any other mobile software application, that we license (each individually, and collectively, “App”);
a. When you create an account and when you log in to and use the App;
b. When you reset your password;
(iv) When you use our service via channels other than the App (e.g. email, Whatsapp, Facebook, etc.);
(v) When you attend a marketing event, provide us with your business cards and/or provide us with your personal data for marketing purposes;
(vi) When we acquire your personal data from third-party sources (such as lead-generation companies, Intercom, Google Analytics, UXCam);
(vii) When we use the personal data of our customers (e.g. contact details)
(viii) When we use the personal data of our vendors, service providers, and third parties. (e.g. contact details); and
(ix) When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)
Table of contents:
1. What information we collect, why we collect it, and how it is used
2. How we protect and retain your personal data
3. How we share your personal data
4. Your privacy rights. How to delete your account
5. Use by children
6. Interaction with third party products
7. Log files
8. Analytic tools
9. Specific provisions applicable under California privacy law
10. How to contact us
1. WHAT INFORMATION WE COLLECT, WHY WE COLLECT IT, AND HOW IT IS USED
|Specific personal data we collect||Why is the personal data collected and for what purposes?||Third parties with whom we share your personal data||Consequences of not providing the personal data|
|When you browse or visit our Website|
|Cookies, analytic tools, and log files||∙ To provide certain features. ∙ To monitor and analyze web traffic. ∙ To keep track of user behavior in order to personalize the service.||3rd party platforms for analytics and advertising.||∙ Certain Website features may not be available. ∙ Cannot analyze traffic/user behavior. ∙ Cannot personalize our services.|
|When you make use of or interact with our Website|
|When you request to be notified of our launch|
|∙ Email address||∙ To notify you about the launch of the Stuff App. ∙ To send you marketing communications.||3rd party platforms such as for hosting and storage.||∙ Cannot notify you about the Stuff App. ∙ Cannot send you marketing communications.|
|When you request to contact us|
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|∙ Full name ∙ Email address ∙ Any other information that you decide to provide/supply us||∙ To process and answer questions. ∙ To provide support or solve issues/problems. ∙ To customize your experience.||3rd party platforms such as Customer success platforms.||∙ Cannot process and answer questions. ∙ Cannot provide support or solve. issues/problems ∙ Cannot customize your experience.|
|∙ Email address||∙ To send marketing communications.||∙ Cannot send you marketing communications.|
|When we process your job application|
|∙ Full name ∙ Email address ∙ CV ∙ Any other information that you decide to provide/supply||∙ To process your job application. ∙ To assess the candidate.||3rd party platforms such as for hosting and storage.||∙ Cannot process your job application. ∙ Cannot assess your suitability as a candidate.|
|When you take part in our test to become a Virtual Assistant|
|∙ Full name ∙ Email address ∙ Phone number Please note that if you are successful, we will request further information in accordance with the row above “When we process your job application”.||∙ To assess whether you may be suitable to become a Chief of Stuff. ∙ To contact you in relation to becoming a Chief of Stuff.||3rd party platforms such as for hosting and storage.||∙ Cannot assess whether you may be suitable to become a Chief of Stuff ∙ Cannot contact you in relation to becoming a Chief of Stuff.|
|When you make use of or interact with, our App|
|Cookies||∙ To provide certain features. ∙ To monitor and analyze web traffic. ∙ To keep track of user behavior in order to personalize the service. ∙ To send events and store them in the database.||3rd party platforms such as for hosting, storage, and log analysis.||∙ Certain Website features may not be available. ∙ Cannot analyze traffic/user behavior. ∙ Cannot personalize our services.|
|When you create an account, when you log in to and use the App|
|∙ Full name ∙ Email address ∙ Username and password (option to login using Facebook or Google account) ∙ Usage Data ∙ Calendar permission ∙ Contacts permission ∙ Camera permission ∙ Precise location permission (non-continuous) ∙ Microphone permission ∙ Reminders permission ∙ Payment information (e.g. payment card details) ∙ Device Details ∙ Gallery permission ∙ Device Details for every app launch ∙ Notification permissions ∙ Message object ∙ Conversation ID ∙ Any other personal data that you chose to provide when you message us (e.g. personal documents such as driving license or passport) so that we can complete tasks for you. Note: some of the above information is only collected and/or stored if you provide your permission.||∙ To create an account for you. ∙ To provide you with services available to registered users only. ∙ To access the calendar on the User’s device, including the reading, adding, and removing of entries. ∙ To access contacts and profiles on the User’s device, including the changing of entries. ∙ Camera: to share photos such as items and documents to promote the completion of a request to your liking. ∙ To access the user’s precise device location (Please note: The geographic location of the User is determined in a manner that isn’t continuous. This means that it is impossible for this Application to derive the exact position. of the User on a continuous basis. ∙ Microscope: to allow users to send us both text and voice messages, etc. ∙ To provide location-based services. ∙ To process payments or pay third-party services on your behalf. ∙ To deal with any specific requests that you ask us to complete. ∙ To reply to your message and complete tasks as required. ∙ To personalize the user experience and automate communication emails.||3rd party platforms such as for the following purposes: ∙ MongoDB for database storage. ∙ Firebase for analytics. ∙ Intercom for messaging. ∙ Stripe for payment services. ∙ Amazon for researching and/or making purchases on our behalf. Openable for making reservations for you. ∙ Gmail for email storage.||∙ Cannot create an account for you ∙ Cannot provide you with services available to registered users only ∙ Cannot access the calendar on the User’s device, including the reading, adding, and removing of entries. ∙ Cannot access the camera or capturing images and video from the device. ∙ Cannot access contacts and profiles on the User’s device, including the changing of entries. ∙ Cannot access and record microphone audio from the User’s device. ∙ Cannot access the user’s precise device location ∙ Cannot provide location-based services. ∙ Cannot process payments or pay third-party services on your behalf. ∙ Cannot deal with specific requests. ∙ Cannot reply to your message and complete tasks as required. ∙ Cannot personalize the user experience and automate communication emails.|
|When you reset your password|
|∙ User access token||∙ To reset your password.||3rd party platforms such as Intercom.||∙ Cannot reset your password|
|When you attend a marketing event, provide us with your business cards and/or provide us with your personal data for marketing purposes|
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|∙ Full name ∙ Email address ∙ Company ∙ Position ∙ Phone number ∙ Any other information that you decide to provide/supply us||∙ To establish a business connection ∙ To send newsletters or other marketing communications||3rd party platforms such as Intercom for sending you marketing materials.||∙ Cannot establish a business connection ∙ Cannot send newsletters or other marketing communications|
|When we acquire your personal data from third-party sources (such as lead-generation companies, Intercom, Google Analytics, UXCam)|
|∙ Full name ∙ Email address ∙ Any other available info provided by the third-party source, such as an address, position, company||∙ To establish a business connection ∙ To send newsletters or other marketing communications||3rd party platforms such as for the following purposes: ∙ Intercom, ∙ Google Analytics, ∙ UXCam||∙ Cannot establish a business connection ∙ Cannot send newsletters or other marketing communications|
|When we use the personal data of our service providers, agents, and third parties|
|∙ Full name ∙ Email address ∙ Company name ∙ Phone number ∙ Address ∙ Phone calls records between agents and third parties ∙ Any other information that you decide to provide/supply us||∙ To contact our service providers ∙ To perform the applicable agreement ∙ To improve our services||Depending on the task we may share your data with 3rd party platforms such as for the following purposes: ∙ Book/update appointments ∙ Contacting businesses on the user’s behalf ∙ To purchase items and services on the user’s behalf ∙ Twilio- communication services ∙ AWS- hosting services||∙ Cannot contact our service providers ∙ Cannot perform the applicable agreement ∙ Cannot improve our services|
|When we use the personal data of our customers|
|∙ Full name ∙ Email address ∙ Company ∙ Position ∙ Phone number||∙ To provide our products and services, including to complete tasks for users ∙ To perform the applicable agreement (e.g. EULA) ∙ To communicate with our customers/clients ∙ To send marketing communications||3rd party platforms such as affiliates and service providers for the following purposes: ∙ To book/update appointments ∙ To help complete user requests ∙ To contact businesses on the user’s behalf ∙ To purchase items and services on the user’s behalf||∙ Cannot complete tasks ∙ Cannot perform the agreement ∙ Cannot communicate with you ∙ Cannot send you marketing communications|
|When you interact with us on our social media profiles (e.g., Facebook, Instagram, Twitter, LinkedIn)|
|∙ Full name ∙ Email address ∙ Any other information that you decide to provide/supply us||∙ To answer your questions||3rd party platforms such as for the following purposes: ∙ Google Analytics ∙ Intercom||∙ Cannot answer your questions|
Finally, please note that some of the abovementioned personal data will be used for fraud detection and prevention, and for security purposes. The abovementioned personal data may also be used to comply with applicable laws, with investigations performed by the relevant authorities, for law enforcement purposes, and/or to exercise or defend legal claims. In certain cases, we may or will anonymize your personal data. “Anonymous Information” means information that does not enable the identification of an individual user, such as aggregated information about the use of our services. We may use Anonymous Information and/or disclose it to third parties without restrictions (for example, in order to improve our services and enhance your experience with them).
2. HOW WE PROTECT AND RETAIN YOUR INFORMATION
2.1. Security. We have implemented appropriate technical, organizational, and security measures designed to protect your personal data. However, please note that we cannot guarantee that the information will not be compromised as a result of unauthorized penetration to our servers. As the security of information depends in part on the security of the computer, device, or network you use to communicate with us and the security you use to protect your user IDs and passwords, please make sure to take appropriate measures to protect this information.
2.2. Retention of your personal data. Personal Data shall be processed and stored for as long as required by the purpose they have been collected for unless you request that it is deleted earlier. In some circumstances, we may store your personal data for longer periods of time, for example (i) where we are required to do so in accordance with legal, regulatory, tax, or accounting requirements, or (ii) for us to have an accurate record of your dealings with us in the event of any complaints or challenges, or (iii) if we reasonably believe there is a prospect of litigation relating to your personal data or dealings. We have an internal data retention policy to ensure that we do not retain your personal information perpetually.
3. HOW WE SHARE YOUR PERSONAL DATA
We share your personal information as follows:
3.1. With our hosting providers.
3.2. With our service providers and business partners.
3.3. With our staff and other entities within our group.
We may also share your personal information as follows:
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3.4. To the extent necessary, with regulators, courts or competent authorities, to comply with applicable laws, regulations and rules (including, without limitation, federal, state or local laws), and requests of law enforcement, regulatory and other governmental agencies or if required to do so by court order;
3.5. If, in the future, we sell or transfer, or we consider selling or transferring, some or all of our business, shares or assets to a third party, we will disclose your personal data to such third party (whether actual or potential) in connection with the foregoing events;
3.6. In the event that we are acquired by, or merged with, a third party entity, or in the event of bankruptcy or a comparable event, we reserve the right to transfer, disclose or assign your personal data in connection with the foregoing events; and/or 3.7. Where you have provided your consent to us sharing or transferring your personal data (e.g., where you provide us with marketing consents or opt-in to optional additional services or functionality).
4. YOUR PRIVACY RIGHTS. HOW TO DELETE YOUR ACCOUNT
You can exercise your rights by contacting us at Support@getstuff.com. Subject to legal and other permissible considerations, we will make every reasonable effort to honor your request promptly in accordance with applicable law or inform you if we require further information in order to fulfill your request. When processing your request, we may ask you for additional information to confirm or verify your identity and for security purposes, before processing and/or honoring your request. We reserve the right to charge a fee where permitted by law, for instance, if your request is manifestly unfounded or excessive. In the event that your request would adversely affect the rights and freedoms of others (for example, would impact the duty of confidentiality we owe to others) or if we are legally entitled to deal with your request in a different way than initially requested, we will address your request to the maximum extent possible, all in accordance with applicable law.
Should you ever decide to delete your account, you may do so by emailing Support@getstuff.com.
5. USE BY CHILDREN
We do not offer our products or services for use by children and, therefore, we do not knowingly collect personal data from, and/or about children under the age of eighteen (18). If you are under the age of eighteen (18), do not provide any personal data to us without the involvement of a parent or a guardian. In the event that we become aware that you provide personal data in violation of applicable privacy laws, we reserve the right to delete it. If you believe that we might have any such information, please contact us at Support@getstuff.com.
6. INTERACTION WITH THIRD PARTY PRODUCTS
We enable you to interact with third-party websites, mobile software applications, and products or services that are not owned or controlled by us (each a “Third Party Service”). We are not responsible for the privacy practices or the content of such Third Party Services. Please be aware that Third Party Services can collect Personal Data from you. Accordingly, we encourage you to read the terms and conditions and privacy policies of each Third-Party Service.
7. LOG FILES
We use log files. The information inside the log files includes user events (App version, operating system, user ID, and additional data) and any other information your browser may send to us. We use such information to analyze trends, administer the Website and App, track users’ movement around the Website, and gather demographic information.
8. ANALYTIC TOOLS
∙ Firebase Analytics. We also use “Google Analytics for Firebase”. By enabling this tool, we enable the collection of data about App Users, including via identifiers for mobile devices (including Android Advertising ID and Advertising Identifier for iOS), cookies, and similar technologies. We use the information we get from Google Analytics for Firebase to maintain and improve our App(s). We do not facilitate the merging of personally-identifiable information with non-personally identifiable information unless we have robust notice of, and your prior affirmative (i.e., opt-in) consent to, that merger. Finally, please note that Google Analytics for Firebase’s terms (available at https://firebase.google.com/terms/) shall also apply.
∙ Facebook Custom Audience, Facebook Lookalike Audience, UXCam, Intercom, GA, and Sentry.
We reserve the right to remove or add new analytic tools.
9. SPECIFIC PROVISIONS APPLICABLE UNDER CALIFORNIA PRIVACY LAW
9.1. Our California Do Not Track Notice: Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers. 9.2. Deletion of Content from California Residents: If you are a California resident under the age of 18 and a registered user, California Business and Professions Code Section 22581 permits you to remove content or personal information you have publicly posted. If you wish to remove such content or personal information and you specify which content or personal information you wish to be removed, we will do so in accordance with applicable law. Please be aware that after removal you may not be able to restore removed content. In addition, such removal does not ensure complete or comprehensive removal of the content or personal information you have posted, and that there may be circumstances in which the law does not require us to enable the removal of content.
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10. HOW TO CONTACT US
If you have any questions, concerns, or complaints regarding our compliance with this notice and data protection laws, or if you wish to exercise your rights, we encourage you to first contact us by email at Support@getstuff.com.
Stuff End User License Agreement
PLEASE READ THE FOLLOWING CAREFULLY BEFORE INSTALLING AND/OR USING THE APP.
By clicking the “accept” or “ok” button, or installing and/or using the Stuff mobile software application (the “App“) you expressly acknowledge and agree that you are entering into a legal agreement with Augmented Intelligence (AUI) Inc. (previously known as Stuff Inc.) traded as Stuff® (“Stuff“, “we“, “us” or “our“), and have understood and agree to comply with, and be legally bound by, the terms and conditions of this End User License Agreement (“Agreement“). You hereby waive any applicable rights to require an original (non
electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law. If you do not agree to be bound by this Agreement please do not download, install or use the App. PLEASE NOTE THE APP AND OUR RELATED SERVICES ARE ONLY AVAILABLE IN THE U.S. AND
ARE NOT INTENDED FOR USE IN ANY JURISDICTION OUTSIDE OF THE U.S. 1. Ability to Accept. By installing the App you affirm that you are over eighteen (18) years of age. By using the App you affirm that you are over the age of 18. If it comes to Stuff’s attention through reliable means that a registered user is a child under 18 years of age, Stuff may cancel that user’s account and/or access to the App.
2. License. Subject to the terms and conditions of this Agreement, we hereby grant you a personal, revocable, non-exclusive, non-sublicensable, non-assignable, non-transferable license (“License“) to: (i) download, install and use the App on a mobile telephone, tablet or device (each a “Device“) that you own or control; and (ii) access and use the App on that Device in accordance with this Agreement and any applicable Usage Rules (defined below).
3. License Restrictions. You agree not to, and shall not permit any third party to: (i) sublicense, redistribute, sell, lease, lend or rent the App; (ii) make the App available over a network where it could be used by multiple devices owned or operated by different people at the same time; (iii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of, the App; (iv) copy (except for back-up purposes), modify, improve, or create derivative works of the App or any part thereof; (v) circumvent, disable or otherwise interfere with security-related features of the App or features that prevent or restrict use or copying of any content or that enforce limitations on use of the App; (vi) remove, alter or obscure any proprietary notice or identification, including copyright, trademark, patent or other notices, contained in or displayed on or via the App; (vii) use any communications systems provided by the App to send unauthorized and/or unsolicited commercial communications; (viii) use the Stuff name, logo or trademarks without our prior written consent; and/or (ix) use the App to violate any applicable laws, rules or regulations, or for any unlawful, harmful, irresponsible, or inappropriate purpose, or in any manner that breaches this Agreement.
4. Account. In order to use some of the App features you may have to create or use an account (an “Account“). If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must keep your Account password secure. You must notify us immediately of any unauthorized use of your Account.
5. Usage Rules. If you are downloading the App from a third party mobile device platform or service provider (“Distributor“), please be aware that the Distributor may have established usage rules which also govern your use of the App (“Usage Rules“). We specifically refer to the Usage Rules of certain Distributors below in the section below entitled ‘Distributor Requirements and Usage Rules‘, but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from a Distributor, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into this Agreement by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App; if you are unable to make such a representation you are prohibited from installing and/or using the App.
7. Use of the App in a Vehicle. If you are using the App in a vehicle, you agree: (i) to comply with all applicable traffic laws; and (ii) if you are the driver, not to use the App unless your vehicle is stationary and legally parked.
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8. Intellectual Property Rights.
8.1. Ownership.The App is licensed and not sold to you under this Agreement and you acknowledge that Stuff and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the App (and its related software). We reserve all rights not expressly granted herein to the App. “Intellectual Property Rights” means any and all rights in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic.
8.2. Content. The content on the App, including without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials“), and the trademarks, service marks and logos contained therein (“Marks“, and together with the Materials, the “Content“), is the property of Stuff and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “Stuff” and the Stuff logo are Marks of Stuff and its affiliates. All other Marks used on the App are the trademarks, service marks, or logos of their respective owners.
8.3. Use of Content. The content on the App is provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without our prior written consent. If you download or print a copy of the content you must retain all copyright and other proprietary notices contained therein.
9. Payments, Amount of Requests and Time Per Request and Placing Orders.
9.1. The License granted hereunder is currently for free, however, we do charge a monthly subscription for our services and, we may, at your instruction and with your authorization make purchases on your behalf as futher described in Section 9.3. You will not be charged for any such uses of the App unless you first agree to such charges, but please be aware that any failure to pay applicable charges may result in you not having access to some or all of the App and/or our services. If you have purchased an unlimited subscription: (a) during each monthly subscription billing period, you are permitted to request up to a maximum of three times the number of average requests of all users during the previous monthly subscription billing period; and (b) a virtual assistant shall not be required to spend longer than 3 hours per each personal and admin task.
9.2. Please be aware that your use of the App may require and utilize internet connection or data access. To the extent that third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
9.3. In certain circumstances, our App may include features that allow you to instruct us to make purchases on your behalf. By accepting this Agreement and, in any event by, clicking the relevant button, you grant us an authorization to use your information and place an order on your behalf, in which case we will use commercially reasonable efforts to place such order on your behalf with your seller of choice and in connection with your product/service of choice. Please note that we are not the sellers or the providers of such products/services and, therefore, the purchase/sale and/or service agreement will be between you and the seller or provider in question. We are not responsible or liable for any sellers’ or providers’ practices, offers, product or service availability, safety, compliance or any other aspect related to the sale and/or the provision of the products/services in question and/or for any payments you make to such parties. You shall comply at all times with any privacy and/or data-related laws or regulations applicable to you and/or to the information you provide to us in connection with this paragraph and you shall have any required consents and autorizations regarding such information. You agree to review the purchase/sale terms of the relevant merchants, sellers or shops and/or the service agreement with the applicable supplier before instructing us to place an order on your behalf. Please note that we may make use of third party systems (including without limitation for payment processing purposes) and, therefore, you undertand and acknowledge that: (i) such third parties have terms, conditions and policies which shall govern their features, data-related practices, processes and/or systems and prevail at all times; (ii) such third parties may discontinue or change their features and/or systems in question which could delay or adversely affect the order-placing process; and (iii) to the maximum extent permitted by law, we shall not bear any responsibility or liability of any kind in connection with (i) and (ii) above or for any action, omission and/or delay by, deriving from and/or related to such third parties and/or their features or systems. We reserve the right not to process an order-placing request in the event that we suspect that you violate any provision of this paragraph or this Agreement and we reserve the right to report to or notify the relevant or competent authorities in the event of a violation of applicable laws/regulations.
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You shall defend, hold harmless and indemnify us from and against any liability of any kind deriving from your violation of this paragraph or applicable law.
9.4. These disclaimers and limitations of liability/responsibility shall be applicable to the maximum extent permitted by law.
10. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the content available on the App is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the content, or any part thereof without the requirement of giving you any notice prior to or after making such changes to the content.
12. Third Party Sources and Content.
12.1. The App enables you to view, access, link to, and use content from Third Party Sources (defined below) that are not owned or controlled by us (“Third Party Content“). The App may also enable you to communicate and interact with Third-Party Sources. “Third Party Source(s)” means (i) third party websites and services; and (ii) our partners and customers.
12.3. We are not responsible for, and we expressly disclaim all warranties regarding, the accuracy, appropriateness, usefulness, safety, or Intellectual Property Rights (defined below) of, or relating to, any Third Party Content.
12.4. We do not endorse any advertising, promotions, campaigns, products, services, or other materials that is included in any Third Party Content or that is communicated to you from a Third Party Source.
12.5. By using the App you may be exposed to Third Party Content that is inaccurate, offensive, indecent, or objectionable. You always have the choice of deciding whether or not to interact with a Third Party Source or to view and use Third Party Content. Your interaction with a Third Party Source and your use of, and reliance upon, any Third Party Content is at your sole discretion and risk.
12.6. You are solely responsible and liable for your interaction with a Third Party Source. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Stuff and release Stuff from any and all liability, arising from your use of and interaction on any Third Party Content and from your interaction with any Third Party Source. If you have any query or complaint regarding a Third Party Source or any Third Party Content, you agree to contact the Third Party Source directly.
12.7. Open Source Software. Portions of the App may include third-party open-source software that is subject to third-party terms and conditions (“Third Party Terms”). A list of any third-party open-source software and related Third Party Terms is available. If there is a conflict between any Third Party Terms and the terms of this Agreement, then the Third Party Terms shall prevail but solely in connection with the related third party open-source software. Notwithstanding anything in this Agreement to the contrary, Stuff makes no warranty or indemnity hereunder with respect to any third-party open-source software.
13. Warranty Disclaimers.
13.1. THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
13.2. WE DO NOT WARRANT THAT THE APP WILL OPERATE ERROR-FREE, THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR THAT WE WILL CORRECT ANY ERRORS IN THE APP. YOU AGREE THAT WE WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO
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YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
13.3. IF YOU HAVE A DISPUTE WITH ANY OTHER APP USER, YOU AGREE THAT WE ARE NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. WE RESERVE THE RIGHT, BUT HAVE NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
13.4. Applicable law may not allow the exclusion of certain warranties, so to that extent, such exclusions may not apply.
13.5. You acknowledge and agree that to the maximum extent permitted by law: (a) Stuff bears no responsibility or liability of any kind in relation to any third-party services that you choose to purchase, and/or any disputes between you and such third party service providers; and (b) that you shall not bring a claim or any form of legal action of any kind against Stuff in relation to such third party services. Stuff encourages you to read any such third-party service provider terms, conditions and policies.
14. Limitation of Liability.
14.1. UNDER NO CIRCUMSTANCES SHALL STUFF BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, BUSINESS, OR REPUTATION, THAT ARISES UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE APP OR FROM YOUR INTERACTIONS WITH THIRD-PARTY SERVICE PROVIDERS OR OTHER THIRD PARTIES EVEN IF STUFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2. IN ANY EVENT, STUFF’S TOTAL AGGREGATE LIABILITY FOR ALL DAMAGES AND LOSSES THAT ARISE UNDER OR IN CONNECTION WITH THIS AGREEMENT, OR THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APP, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE TOTAL AMOUNTS, IF ANY, ACTUALLY PAID BY YOU TO STUFF FOR USING THE APP WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM.
14.3. Applicable law may not allow the exclusion or limitation of certain liabilities, so to that extent, such exclusions or limitations shall not apply.
15. Indemnity. You agree to defend, indemnify and hold harmless Stuff and our affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of, or inability to use, the App; (ii) your violation of this Agreement; and (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. Without derogating from or excusing your obligations under this section, we reserve the right (at your own expense), but are not under any obligation, to assume the exclusive defense and control of any matter which is subject to indemnification by you if you choose not to defend or settle it. You agree not to settle any matter subject to indemnification by you without first obtaining our express approval.
16. Export Laws. You agree to comply fully with all applicable export laws and regulations to ensure that neither the App nor any technical data related thereto is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
17. Updates and Upgrades. We may from time to time provide updates or upgrades to the App (each a “Revision“), but are not under any obligation to do so. Such Revisions will be supplied according to our then-current policies, which may include automatic updating or upgrading without any additional notice to you. You consent to any such automatic updating or upgrading of the App. All references herein to the App shall include Revisions. This Agreement shall govern any Revisions that replace or supplement the original App, unless the Revision is accompanied by a separate license agreement which will govern the Revision.
18. Term and Termination.
18.1. This Agreement is effective until terminated by us or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the App; and/or (ii) terminate this Agreement and your use of the App with or without cause, and shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of this Agreement or any subsequent modifications thereto or become dissatisfied with the App in any way, your only recourse is to immediately discontinue the use of the App.
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18.2. Upon termination of this Agreement, you shall cease all use of the App. This Section 18 and Sections 8 (Intellectual Property Rights), 11 (Privacy), 12.7 (Warranty Disclaimers), 14 (Limitation of Liability), 15 (Indemnity), and 19 (Assignment) to 23 (General) shall survive termination of this Agreement.
19. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Stuff without restriction or notification.
20. Modification. We reserve the right to modify this Agreement at any time by sending you an in-App notification and/or publishing the revised Agreement on the App. Such change will be effective five (5) days following the foregoing notification thereof, and your continued use of the App thereafter means that you accept those changes.
21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State New York, USA without regard to any conflicts of laws rules, or principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement and is hereby disclaimed.
22. Dispute Resolution
22.1. Mandatory, Bilateral Arbitration. ANY DISPUTE OR CLAIM ARISING UNDER, OR OTHERWISE IN CONNECTION WITH, THIS AGREEMENT (EACH, A “Dispute“) SHALL BE RESOLVED ONLY BY FINAL AND BINDING BILATERAL ARBITRATION, except that each party retains the right to bring an individual action in a small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s Intellectual Property Rights. This agreement to arbitrate is intended to be broadly interpreted.
Notwithstanding the foregoing, the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA“) applies to this agreement to arbitrate and governs all questions of whether a Dispute is subject to arbitration. Unless expressly agreed otherwise in writing, the arbitration shall be administered by Judicial Arbitration and Mediation Services, Inc. (“JAMS“), pursuant to JAMS Streamlined Arbitration Rules and Procedures (“JAMS Streamlined Rules“), as modified by this Agreement (that is, the terms of this Section 22 govern if they conflict with any of the JAMS Streamlined Rules), and consistent with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (“JAMS Consumer Fairness Standards“). The arbitrator must honor the terms and conditions of this Agreement (including without limitation all liability exclusions and limitations), and can award damages and relief, including any attorneys’ fees authorized by Law. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND STUFF ARE HEREBY EACH IRREVOCABLY WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION (OR OTHER CLASS-WIDE PROCEEDING). Notwithstanding JAMS Streamlined Rule 8(b), any dispute as to the arbitrability of a Dispute brought by either you or Stuff shall be resolved by a court of competent jurisdiction. THIS ARBITRATION AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE JAMS STREAMLINED RULES, (OR OTHER PROCEDURES OR RULES OF JAMS) WOULD. RATHER, YOU AND STUFF ARE ONLY ENTITLED TO PURSUE ARBITRATION ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND STUFF EXPRESSLY AGREE OTHERWISE IN WRITING IN RESPECT OF A DISPUTE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY’S DISPUTE WITH ANY OTHER PARTY’S DISPUTE(S), AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING. The arbitrator will render an award in accordance with JAMS Streamlined Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any litigation should arise between you and Stuff in any court of competent jurisdiction in a proceeding to vacate or enforce an arbitration award, YOU AND STUFF HEREBY IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the proceeding is resolved by a judge. The arbitrator may award declaratory or injunctive relief only in favor of the plaintiff/claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable Law. Stuff will not seek and hereby waives all rights Stuff may have under applicable Law, to recover attorneys’ fees and expenses if Stuff prevails in arbitration, unless you assert a frivolous claim. The arbitrator’s decision and award are final and binding, with some exceptions under the FAA.
22.2. Location and Fees. Unless you and Stuff expressly agree otherwise in writing, the arbitration will take place in person in Boston, Massachusetts, USA. If you initiate arbitration for a Dispute, you will be required to pay $250 of the fee required to initiate the arbitration and Stuff will pay any remaining JAMS Case Management Fees and all professional fees for the arbitrator’s services; you will remain
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responsible for your respective costs relating to counsel, experts, witnesses, and travel to the arbitration. If Stuff initiates an arbitration for a Dispute, Stuff will pay all administrative fees and costs related to the arbitration, including all professional fees for the arbitrator’s services; you will remain responsible for your costs relating to counsel, experts, witnesses, and travel to the arbitration.
22.3. Small Claims Court. Notwithstanding the foregoing, either party may bring an individual action in a small claims court for Disputes within the scope of such court’s jurisdiction. This agreement to arbitrate does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the Law allows, seek relief against Stuff on your behalf.
22.4. Opting Out of this Mandatory Arbitration. You can decline this agreement to arbitrate by contacting email@example.com within thirty (30) days of the Effective Date and stating that you (include your first and last name, as well as your mailing address) decline this arbitration agreement. Furthermore, and notwithstanding the provisions regarding modification of the Agreement, if Stuff changes this Dispute Resolution Section after the Effective Date (or the date you accepted any subsequent changes to this Agreement), you may reject any such change by providing Stuff written notice of such rejection to firstname.lastname@example.org within thirty (30) days of the date such change became effective, as per the terms of this Agreement. In order to be effective, the notice must include your full name and clearly indicate your intent to reject the change(s) to this Dispute Resolution Section. By rejecting such change(s), you are agreeing that you will arbitrate any Dispute between you and Stuff in accordance with the provisions of this Dispute Resolution Section as of the Effective Date (or the date you accepted any subsequent changes to this Agreement), unless you declined this arbitration agreement in the manner described above.
22.5. Confidentiality of Disputes. All aspects of the arbitration proceeding, including but not limited to the decision and award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain its confidentiality, unless (and in such cases, only the extent) otherwise required by applicable Law. This paragraph shall not prevent a party from submitting to a court of competent jurisdiction any information necessary to enforce an arbitration award or to seek equitable relief.
23. General. This Agreement, and any other legal notices published by us in connection with the App, shall constitute the entire agreement between you and Stuff concerning the App. In the event of a conflict between this Agreement and any such legal notices, the terms of the applicable notice shall prevail with respect to the subject matter of such notice. No amendment to this Agreement will be binding unless in writing and signed by Stuff. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. All section and sub-section headings used in this Agreement are for convenience only, and shall not be relied upon or used in interpreting this Agreement.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
24. Distributor Requirements and Usage Rules.
24.1. Apple. If you download the App from the Apple, Inc. (“Apple“) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Agreement:
(i) You acknowledge and agree that:
(a) this Agreement is concluded between Stuff and you only, and not with Apple, and Stuff and its licensors, and not Apple, are solely responsible for the App and the content thereof.
(b) your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement.
(c) the License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(d) Stuff is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement, or as required under applicable law. Apple has
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no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(e) Stuff is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. 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 will be Stuff’ sole responsibility;
(f) Stuff, and not Apple, is responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation;
(g) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim;
(h) Apple, and its 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.
(ii) You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(iii) If you have any questions, complaints, or claims regarding the App, please contact Stuff at Email: email@example.com
(iv) By entering into this Agreement you, to the extent legally permitted, hereby waive any applicable law requiring that this Agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
Last updated: Sep 21