Backdraft End User License Agreement
Last Updated October 29, 2019
Thank you for your interest in the Backdraft mobile application (the “App”) provided to you by Backdraft, Inc. (“Company”), which enables you to earn cash back on your everyday purchases. The App and any related services provided by Company are collectively referred to herein as the “Service.”
The App is provided to you on a limited license, not sold to you.
By downloading or using the App, you:
Acknowledge that third party terms and fees may apply to the use and operation of your handset device in connection with your use of the App, such as your carrier’s terms of services, and fees for phone service, data access, or messaging capabilities, and that you are solely responsible for payment of any and all such fees;
Acknowledge that the App may contain third party content, and that Company is not responsible for any such content;
Acknowledge that the App and the Service are provided “as-is” and without warranty of any kind, and that Company’s liability to you is limited;
Acknowledge that disputes arising hereunder will be resolved by binding arbitration, and by accepting this EULA you and Company are each waiving the right to a trial by jury or to participate in a class action;
Agree to any acknowledge the following terms and conditions, including without limitation the “Notice Regarding Apple.”
LICENSE; RESTRICTIONS ON USE
Subject to the restrictions set forth in this EULA and the Terms, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App obtained from a legitimate marketplace in object code format, solely for your personal use, on a mobile device that you own or control. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the App; (b) make modifications to the App; or (c) interfere with or circumvent any feature of the App, including any security or access control mechanism. If you are prohibited under applicable law from using the App, you may not use it.
The App provides features that enable Company to tailor your experience based on your location (“Location-based Services”). In order to use Location-based Services, you must allow Company access to your localized position through your mobile phone, which Company may accomplish through a variety of means, including GPS location, if available. If you choose to disable location-based services, you will not be able to utilize certain features of the App. By authorizing Company to access your location, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the App and (ii) Company may provide Location-based Services related to your then-current location.
NOTICE REGARDING APPLE
This section only applies to the extent you are using our mobile application on an iOS device. You acknowledge that this EULA is between you and Company only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service or the content thereof. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Service. Apple and Apple’s subsidiaries are third party beneficiaries of this EULA and the Terms, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA and the Terms against you as a third party beneficiary. You hereby 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.
This EULA will be governed by the laws of the State of Ohio, without regard to conflict of law principles. In the event of a conflict between this EULA, the Terms, or any other policies referenced herein, the terms of this EULA will prevail.
The Service hereunder is offered by Backdraft, Inc. If you have any questions regarding the Company, the Service or the Terms, please email us at firstname.lastname@example.org.