Terms of Service
Terms of Service
Last Updated: 5/30/2021
This Terms of Service Agreement (“Agreement”) is a binding agreement between you (“End User” or “you”) and Corra Inc., a Delaware corporation (“Corra” or “we”). This Agreement governs your use of the Corra applications, services or products we offer (together, including all related documentation, the “Application”). The Application is licensed, not sold, to you.
BY USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO USE THE APPLICATION; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION.
2. License Restrictions. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. No Medical Advice. All content contained in the Application, including, but not limited to, all text, graphics, images, outcomes, profiles, information from any third parties, and all other and Content and Services (as defined below), are for informational purposes only. Nothing you access through using the Application is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding your health or treatment. Never disregard professional medical advice or delay in seeking it because of something you have read on the Application. If you think you may have a medical emergency, call your doctor or 911 immediately. Corra does not recommend or endorse any specific tests, physicians, products, procedures, or opinions. Reliance on any information provided by the Application is solely at your own risk.
4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Corra and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
5. App Stores. You acknowledge and agree that the availability of the Application is dependent on the third party from which you received the Application, e.g., the Android Market or Apple app store (each, an “App Store”). You acknowledge that this Agreement is between you and Corra and not with the App Store. Each App Store may have its own terms and conditions to which you must agree before downloading the Application from it. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable terms and conditions of the applicable App Store.
8. Geographic Restrictions. The Content and Services are based in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
9. Updates. Corra may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Corra has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
10. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Corra is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Corra does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
11. Premium Services; Purchases.
(a) Certain Services may be available only through creation of a User Account and payment of a fee (“Premium Services”). Through such accounts, You will have access to such Premium Services for a fixed term, which will automatically renew. The term, renewal period, and the total cost of each Premium Services offering will be provided within the Application or otherwise where the Premium Services are offered.
(b) PREMIUM SERVICES AUTOMATICALLY RENEW. PREMIUM SERVICES AUTOMATICALLY RENEW CONTINUOUSLY AT THE END OF YOUR SUBSCRIPTION PERIOD, AND YOUR PAYMENT METHOD WILL BE CHARGED THE THEN-CURRENT RENEWAL PRICE (PLUS APPLICABLE TAXES) AUTOMATICALLY, WITHOUT ANY ADDITIONAL ACTION BY YOU. YOU ACKNOWLEDGE AND AGREE THAT THE PREMIUM SERVICES AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM OR WE SUSPEND OR TERMINATE THEM IN ACCORDANCE WITH THIS AGREEMENT.
(c) CANCELLATION POLICY. YOU MAY CANCEL YOUR PREMIUM SERVICES AT ANY TIME, SUBJECT TO THE TERMS OF THIS AGREEMENT. IN ORDER TO CANCEL, YOU MUST FOLLOW THE INSTRUCTIONS GIVEN IN THE APPLICATION. THERE ARE NO CANCELLATION FEES.
(d) Access to Premium Services may from time to time be made available on a time-limited free trial basis (a “Trial” or “Trial Premiums”). Please note that this Agreement also applies to any Trial. You may be asked to provide your credit or debit card information when registering for a Trial. In such event, your credit or debit card will only be charged if you do not cancel your Trial before the end of the Trial period. If We ask for your credit or debit card information and you do not affirmatively cancel before the end of the Trial, then your Trial may be converted into a paid subscription and your credit or debit card may be charged the subscription fee in effect at the time your Trial first began. Trial Premiums are not available to former Users of Premium Services or Users who have previously received a free trial and cancelled it prior to paying for Premium Services.
(e) We reserve the right to correct errors (whether by changing information on the Application or by informing you of the error and giving you an opportunity to cancel your order) or to update information at any time without notice. We may grant or deny cancellation requests for individual orders in Our sole and absolute discretion. All sales are final.
(f) We may, from time to time in its sole discretion, offer certain promotional codes for discounts. Promotional codes are non-transferable and are not redeemable for cash, credit, or toward previous purchases. There is no cash alternative. Furthermore, promotional codes cannot be used in conjunction with any other offer or promotional discount, and must be redeemed by the date published, if provided. Lost promotional codes cannot be replaced. Limit one promotional code per customer. Promotional codes are void where prohibited. Any promotional program may be terminated or modified by us at any time in Our sole discretion.
(g) Unless expressly provided otherwise in this Agreement, any and all payments made to Corra are final and all charges are nonrefundable. Cancellations are effective the following billing period in which payment is due, except as otherwise expressly provided in this Agreement.
(h) Taxes. Unless specified otherwise at the time of purchase, all payments are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies, or duties.
12. Term and Termination.
(a) You may terminate your Account at any time for any reason, by following the instructions given in Application. Upon the cancellation of your account, this Agreement will immediately terminate, except as provided herein.
(b) If you have a User Account set up for recurring billing for a Premium Service, you may cancel your User Account at any time. You will continue to have the same access for any billing period or periods for which you have paid.
(c) We may suspend or terminate any User Account you have or your access to or use of the Application or any portion thereof, if we believe that your profile content or your conduct within the Application violates this Agreement, or for any other reason, in our sole discretion, subject to the below. We may also remove and discard all or any part of your User Account or any User Content (as defined below), at any time. You agree that any termination of your access to the Application or any User Account you may have or portion thereof may be effected without prior notice (except as provided below), and you agree that we will not be liable to you or any third party for any such termination and refunds will only be given where expressly provided in this Agreement. For example, We may deactivate your User Account due to prolonged inactivity. Without limitation of our other rights, We reserve the right to delete all your User Content from the Application upon any termination or cancellation of your User Account. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of the Application may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Corra may have at law or in equity.
(d) If you have paid for a Premium Service, we will give you at least 30 days’ notice of termination of your access to the Application or any User Account unless your profile content or your conduct within the Application violates this Agreement, in which case we may suspend or terminate your access to the Application or any User Account immediately.
(e) If you have paid for a Premium Service and we terminate your access to the Application or any user Account, we will give a pro-rata refund for any amounts pre-paid, but unused for such Premium Services; provided that if we terminate your access to the Application or any User Account because you have violated this Agreement, we will be entitled to retain the amounts that you paid for the Services.
(f) You acknowledge and agree that Google, Apple, or another third-party platform provider (as applicable, based on the device and operating system you use) may be the merchant of record for transactions involving the Application. As such, you may need to request any refund to which you are entitled under this Agreement through the App Store, Google Play, or other third-party platform (as applicable).
(g) If you believe that we have suspended or terminated your User Account in error, you may contact us at any time.
13. Disclaimer of Warranties. THE APPLICATION IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CORRA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CORRA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
14. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CORRA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CORRA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. Indemnification. You agree to indemnify, defend, and hold harmless Corra and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising from or relating to your use or misuse of the Application or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
16. Export Regulation. The Application may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
17. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
18. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware in each case located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
20. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
21. APPLE APP STORE ADDITIONAL TERMS AND CONDITIONS. The following additional terms and conditions apply to you if you are using Corra Software from the Apple App Store. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 21, the more restrictive or conflicting terms and conditions in this Section 21 apply, but solely with respect to Corra Software from the Apple App Store:
(a) Acknowledgement. Corra and you acknowledge that this Agreement is concluded between Corra and you only, and not with Apple, and that Corra, not Apple, is solely responsible for Corra Software and the content thereof. To the extent this Agreement provides for usage rules for Corra Software that are less restrictive than the Usage Rules set forth for Corra Software in, or otherwise is in conflict with, the Apple App Store Terms of Service, the more restrictive or conflicting Apple term applies.
(b) Scope of License. The license granted to you for Corra Software is limited to a non-transferable license to use Corra Software on an iOS product that you own or control and as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(c) Maintenance and Support. Corra is solely responsible for providing any maintenance and support services with respect to Corra Software, as specified in this Agreement (if any), or as required under applicable law. Corra and you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Corra Software.
(d) Warranty. Corra 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 Corra Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for Corra Software to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Corra Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Corra’s sole responsibility.
(e) Product Claims. Corra and you acknowledge that Corra, not Apple, is responsible for addressing any claims of you or any third party relating to Corra Software or your possession and/or use of Corra Software, including: (i) product liability claims; (ii) any claim that Corra Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Corra’s liability to you beyond what is permitted by applicable law.
(f) Intellectual Property Rights. Corra and you acknowledge that, in the event of any third-party claim that Corra Software or your possession and use of Corra Software infringes that third party’s intellectual property rights, Corra, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
(g) Legal Compliance. 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; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
(h) Developer Name and Address. Corra’s contact information for any end-user questions, complaints or claims with respect to Corra Software is set forth in Section 22 below.
(i) Third-Party Terms of Agreement. You must comply with applicable third-party terms of agreement when using Corra Software.
(j) Third-Party Beneficiary. Corra and 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.
22. Contact. If you have any questions about this Agreement, you may contact Corra by email at email@example.com.