End User License Agreement
PLEASE READ THE FOLLOWING LICENSE AGREEMENT TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. THESE TERMS AND CONDITIONS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU, THE INDIGO GROUP, LLC (“INDIGO,” “WE,” “US,” OR “OUR”), AND GOVERNS YOUR USE OF THE SOFTWARE APPLICATION [uBacktm] (THE “APPLICATION”).
Scope. The Application is provided only as a tool for making donations to nonprofit organizations that have subscribed with Indigo (such nonprofit organizations being the “Nonprofits”), such that you can access information about the Nonprofits provided by them to Indigo and make cash donations from your own financial account (“Your Account”). As such You also agree and acknowledge that Your use of the Application is subject this End User License Agreement[, and any of Indigo’s then-current Donor Terms and Conditions, the latest version of which is available at www.ubackforgood.com and which are incorporated in this Agreement by reference]. You also agree and acknowledge that this Agreement is solely executed between Indigo and You, and not with Apple Inc. (“Apple”) and as such Apple is not responsible for the Application and its content thereof.
You acknowledge that the Nonprofits that may be listed in the Application have subscribed to the Indigo services on their own, and that INDIGO MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY NONPROFIT, ITS VALIDITY, TAX-EXEMPT STATUS, OR ACCURACY OF ANY INFORMATION ABOUT THE NONPROFIT. Only nonprofits that have subscribed to the Indigo service may receive donations through the Application.
You further acknowledge your understanding that all information presented through the Application about any Nonprofit is information provided by the Nonprofit and Indigo has not undertaken any effort to verify or assess the accuracy of such information.
Indigo makes no representation regarding the tax implications of any donation made by You, and You should consult your own tax advisor regarding the tax implications of any donation made by You.
Financial Information; Payment. Should you choose to make donations using the Application to any Nonprofit listed through the Application, You understand that you will be required to provide payment information through the Application, including, without limitation, bank account or credit card account information (collectively, “Financial Information”). You are solely responsible for the accuracy and validity of any Financial Information and you assume all risk associated with any sufficiency of funds for any donation. You agree to be bound by policies, rules, regulations, and conditions of any third parties including networks, bank card associations, and banks used to process payments, and You are solely responsible for compliance with any such policies, rules, regulations, and conditions. By providing donations through the Application, You agree that all credit-card charges shall be processed through Indigo’s third party credit-card transaction provider. You agree that credit card transactions and use of third party credit-card transaction provider through the Application shall be subject to third party credit-card transaction provider’s terms and conditions.
You acknowledge and agree that Indigo is not a bank, money transmitter, or Money Services Business (“MSB”), and agree that any dispute or discussion concerning the deposit of funds into your account, the issuance of refunds, credits or voids, or account fees and charges should be addressed to your financial institution. Indigo may, in its sole and absolute discretion, offer a refund to You for the amount donated in the event that You provided the donation to an incorrect organization, the organization is fraudulent, or in other situations. Except as otherwise set forth herein, to be eligible for a refund, donors must submit a request within thirty (30) days of providing any such donation, to firstname.lastname@example.org with the subject “Refund Request” and include the purchaser’s username and transaction for the Application information.
All donations received from You are deposited into a holding account with Bank of America until the process of disbursing donations to a Nonprofit is completed. Indigo will process disbursements to Nonprofits on a regular basis in an efficient manner. Indigo may disburse donations to Nonprofits via Automated Clearing House (ACH) transfer, or paper check.
You acknowledge that Indigo has been authorized by the subscribed Nonprofits to deduct and retain a service fee (currently 3.9%) from the gross amount of donations prior to remitting the net donations to the Nonprofits, and therefore a portion of your total donation will be retained by Indigo.
Assumption of Risk. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK AND YOU ALSO ACKNOWLEDGE THAT WHILE ACCESSING OR SENDING ANY INFORMATION FROM YOUR MOBILE DEVICE (INCLUDING ANY FINANCIAL INFORMATION) YOU WILL BE SOLELY RESPONSIBLE FOR HOW YOU PROTECT THE PRIVACY OF YOUR INFORMATION FROM THIRD PARTIES, INCLUDING THE INPUT OF YOUR LOG-IN INFORMATION AND CLOSING THE APPLICATION AFTER USING IT.
License Grant. Subject to the terms and conditions of this Agreement, Indigo hereby grants to You a terminable, nonexclusive, nontransferable, non-sublicenseable license to download, install, use, perform, and display the Application on one (1) iOS enabled device that You own or control (your “Mobile Device”), solely for your personal, non-commercial use in accordance this Agreement and as permitted by the [Usage Rules set forth in the Apple Store Terms and Conditions. This license does not allow You to use, perform, or display the Application on any Mobile Device that You do not own or control, and You may not distribute or make the Application available over a network where it could be used by more than one device at the same time.
Restrictions. You may not (a) reproduce, distribute, sublicense, use for service-bureau purposes, sell, lease, or otherwise transfer the Application to any third parties; (b) modify, alter, improve, “hack,” or create derivative works of the Application; or (c) reverse-engineer, decompile, disassemble, reverse-assemble, or otherwise attempt to derive the source code of the Application. If You breach this restriction, You may be subject to prosecution and damages. The terms of this Agreement govern any upgrades provided by Licensor that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. In addition, when using any particular functionalities and features that are part of the Application, You may be subject to additional guidelines, terms, or rules applicable to such functionalities and features (“Additional Terms”), which may be posted from time to time and are hereby incorporated by reference into this Agreement.
Product Claims. You understand and acknowledge that pertaining to the Application or your possession and/or use of the Application, Apple is not responsible for addressing any claims relating but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and/or (iii) claims arising under consumer protection or similar legislation.
Maintenance and Support. You agree and acknowledge that Indigo or its licensor(s) will have no duty under this Agreement to provide technical support or maintenance of any kind with respect to the Application and that it reserves the right for such support services, if any, to be performed solely pursuant to a separate written contract between the Parties. Indigo and its licensor(s) may choose to offer at its option, but is not obligated to provide, some basic support that may include email support, upgrades, updates or bug fixes. Furthermore, You agree and understand that Indigo (or its business partners allowed to do so) is the sole entity responsible for providing maintenance and support services with respect to the Application and that that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application or on behalf of Indigo.
Termination. The license is effective until terminated by You or Indigo. Your rights under this license will terminate automatically without notice from Indigo if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Application, and destroy all copies, full or partial, of the Application, and/or delete or uninstall the Application from your Mobile Device.
Warranty disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND INDIGO AND ITS LICENSOR(S) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND FREEDOM FROM PATENT INFRINGEMENT OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. INDIGO AND ITS LICENSOR(S) DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INDIGO OR ITS AUTHORIZED REPRESENTATIVE OR ITS LICENSOR(S) SHALL CREATE A WARRANTY. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
No Fees. You acknowledge and agree that you are downloading the Application for “free” or “at no cost.” As such, in the event of any failure of the Application to conform to any applicable warranty (if any), your only remedy is to uninstall or delete the Application from your mobile device. You understand and agree that Apple does not have an obligation to refund any purchase price for the Application and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Application, and/or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
Limitation of liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL INDIGO OR ITS LICENSOR(S) BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, INDEMNITY OR OTHERWISE) AND EVEN IF INDIGO OR ITS LICENSOR(S) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Indigo’s total liability (or that of its Licensor(s)) to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Release. Without limiting anything provided herein, notwithstanding any other agreement You may have with Indigo, and to the extent permitted under applicable laws, You hereby release Indigo and its licensor(s) from any liability related to: (a) any incorrect or inaccurate results posted on or through the Application, whether caused by any user of the Application, or by any of the equipment or programming associated with or utilized in the Application; (b) the conduct, whether online or offline, of any user of the Application; (c) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, or failure of email on account of technical problems or traffic congestion on the Internet or at any sites, or combination thereof, including injury or damage to user’s or to any other person’s computer or other mobile device related to or resulting from participating or downloading materials in connection with the Application; (d) any loss or damage caused by content posted on or through the Application or transmitted by and to users, or any interactions between users of the Application, whether online or offline; and (e) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Application user communications. If You are a California resident, You hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Export Controls. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
Indemnity. You agree to indemnify and hold Indigo and, as applicable, its licensors, its members, managers, subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the Application in violation of this Agreement and/or arising from a breach of this Agreement by You.
Government acquisitions. The Application and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Contact Information. In the event you may have any questions, complaints or claims with respect to the Application please contact Indigo email@example.com.
Third Party Beneficiary. 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.
Governing law. The laws of the State of North Carolina govern this license and your use of the Application, and shall apply to any dispute arising out of or relating to this Agreement or its interpretation, without giving effect to any conflict of laws principles that would obtain a different result. Your use of the Application may also be subject to other local, state, national, or international laws. The parties agree that the United Nations Convention on the International Sale of Goods will not apply with respect to this Agreement or the parties’ relationship. In the event of any dispute between the parties arising out of, relating to or in any way in connection with this Agreement, the parties agree to submit to the exclusive jurisdiction of the state courts located in Mecklenburg County, North Carolina, in the United States of America.
General Provisions. You are responsible for compliance with applicable local laws. This Agreement is personal to You, and You may not transfer, assign or delegate this Agreement to anyone without the express written permission of Indigo. Any attempt by You to assign, transfer or delegate this Agreement without the express written permission of Indigo shall be null and void. You acknowledge that Indigo will have the right hereunder to so seek an injunction, if necessary to stop or prevent a breach of Your obligations hereunder. The paragraph headings in this Agreement are included only to help make the agreement easier to read and have no binding effect. Any delay or failure by us to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default. This Agreement constitutes the complete and exclusive agreement between You and Indigo with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. We may modify this Agreement at any time, and such modifications shall be effective immediately upon either posting of the modified agreement or notifying you. You agree to review this Agreement periodically to be aware of such modifications and your continued use of the Application shall indicate your acceptance of the modified Agreement.
BY USING THE APPLICATION, YOU AGREE THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT YOU MAY NOT USE THE APPLICATION.
I HAVE READ THIS AGREEMENT.