Gratia software Limited
TERMS OF SERVICE
Last Updated: May 3, 2016
Welcome to Gratia
We are delighted you have decided to use our software app and related services (together the Service) and we've drafted these Terms of Service (the "Terms") to explain the rules that govern use of our Service. These Terms form a legally binding contract between you and Gratia Software Limited (“Gratia”), so please read them carefully.
First up, please note that by using our Service, you agree to the Terms. If you don't agree with the Terms, don't use the Service.
Who can use our Service
You must be at least 13 years old to create an account or use the Service.
When you use the Service, you are saying that:
- You can form a binding contract with Gratia;
- You are not a person who is barred from receiving the Service under the laws of New Zealand or any other applicable jurisdiction; and
- You will comply with these Terms and all local, state, national, and international laws, rules, and regulations when and where applicable.
If you are using the Service on behalf of a business or other entity, you are stating that you are authorised to do so and agree to these Terms on behalf of the business or other entity.
Your Use Rights and Limitations
Gratia grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, licence to access and use the Service. This licence is for the sole purpose of letting you use and enjoy the Service's benefits in a way that these Terms and our other usage policies as updated from time to time allow. You may not sub licence this licence to any other party.
Our software is designed to automatically download and install upgrades, updates, or other new features, once you have initially installed it on your device. You may be able to adjust these automatic downloads through your device's settings if you choose to.
You may not copy, modify, distribute, sell, or lease any part of our Service, nor may you reverse engineer or attempt to extract the source code of our software, unless you have our written permission to do so.
Rights You Grant Us
For all our Service, you grant Gratia a worldwide royalty-free licence to host, store, use, display, reproduce, modify, adapt, edit, publish, and distribute the content. This licence is for the limited purpose of operating, providing, promoting, improving and developing the Service.
Our Service may include content that is paid for by content suppliers in various ways. In consideration for Gratia letting you access and use the Service, you agree that Gratia, its affiliates, and third-party partners may place paid content on the Service without any obligation to compensate you for the use of your content.
Please also note that if you volunteer feedback or suggestions, we can use your ideas without compensating you unless we agree otherwise in writing.
Responsibility of Users for their Content
Content on our Service that is produced by users and other third parties is the sole responsibility of the person or organization that submits it. Although Gratia reserves the right to review all content that appears on the Service and to remove any content that violates these Terms, our Privacy Statement or other guidelines we publish from time to time, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that you or others provide through the Service.
Respect for Others’ Rights
You may not upload, post, send or store content that:
- violates or infringes any other person’s rights of copyright, trademark, or other intellectual-property;
- defames, demeans, bullies, harasses, or intimidates anyone;
- breaches another’s privacy;
- spams Gratia's other users;
- use any of our branding, logos, designs, photographs, videos, or any other materials that belong to us;
- use our Service or any content on our Service for any commercial purposes without our consent.
To be clear, you may not use the Service or the content on the Service in ways that are not authorised by these Terms, or help anyone else to do so.
Gratia takes reasonable steps to expeditiously remove from our Service any material infringing copyright that we become aware of. If we become aware that one of our users has repeatedly infringed copyrights, we will take reasonable steps to terminate that user's account.
If you file a notice it must:
- contain the physical or electronic signature of a person authorised to act on behalf of the copyright owner;
- identify the copyrighted work claimed to have been infringed;
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
- provide your contact information, including your address, telephone number, and an email address;
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- provide a statement that the information in the notification is accurate and that you are authorised to act on behalf of the copyright owner.
Improper use of the Service
In using our Service, you agree that:
- You will not use the Service for any purpose that is illegal.
- You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Service or extract other user's information.
- You will not use or develop any third-party applications that interact with the Service or other users' content or information without our written consent.
- You will not use the Service in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden, or impair the functioning of the Service.
- You will not use or attempt to use another user's account, username, or password without their permission.
- You will not solicit login credentials from another user.
- You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
- You will not upload viruses or other malicious code or otherwise compromise the security of the Service.
- You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Service that you are not authorised to access.
- You will not probe, scan, or test the vulnerability of our Service or any system or network we use.
- You will not encourage or promote any activity that is illegal or violates these Terms.
- You will not use the Service in any way that puts you or others at risk of physical injury.
Connecting with Other Users
Gratia provides a process for meeting up with existing friends and for first time meetings with strangers. If you use these features of the Service, it is very important to note that we are not responsible for the conduct of any user and we encourage all our users to exercise common sense and an appropriate level of caution in any personal meetings. You agree to take all necessary precautions in all interactions with other users if you decide to meet in person, or if you decide to send money to another user. You understand and accept that we make no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.
In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
You are responsible for any activity that occurs in your account and for protecting your account and your identity and related information. In particular, you agree that:
- You will not create more than one account for yourself.
- You will not create another account if we have already disabled your account, unless you have our written permission.
- You will not buy, sell, rent, or lease access to your Gratia account, a Gratia username, or a friend link without our written permission.
- You will not share your password.
- You will not log in or attempt to access the Service through unauthorised third-party applications or clients.
Purchases and Payments
We may offer third party goods and services that you can purchase through the Service. Payments or payment processing for any purchases are handled by third-party payment providers. Please check the relevant terms and conditions of the third-party payment provider and the suppliers of the goods and services for more details, including any rights to cancel a transaction and receive refunds.
It's your sole responsibility to manage your purchases. If you are under 18 (or younger than the age of legal majority in your place of residence), you must obtain your parent's or guardian's consent before making any purchases.
Telephone and Data Charges
You are responsible for any mobile charges that you may incur for using our Service, including telephone calls, text-messaging and data charges.
If you use a service, feature, or functionality that is provided by a third party and made available through our Service (including Service we jointly offer with the third party), the third party's terms will govern this party's relationship with you. Gratia is not responsible or liable for third party's terms or actions taken under the third party's terms.
Modifying the Service and Termination
Gratia can terminate these Terms at any time and for any reason by deleting your account.
We may add or remove features, products, or functionalities at any time without notice. Gratia may also terminate these Terms with you at any time for any reason and without notice. We may also terminate the Service entirely, or impose new or additional limits that affect your ability to use the Service.
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Gratia, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including legal fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your content; and (c) your breach of these Terms.
We endeavour to ensure that all our users will have a positive, continuous and error free experience with our Service. However, it is not always possible to ensure all elements of our software app or those of the third party suppliers we rely on will work perfectly. Nor will we always be able to ensure that any issues that arise are quickly resolved.
THEREFORE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE GRATIA ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY GRATIA CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE.
GRATIA TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH GRATIA WILL BE RESPONSIBLE FOR.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRATIA AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF GRATIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GRATIA'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID GRATIA, IF ANY, IN THE LAST 12 MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Both you and Gratia agree that all claims and disputes arising out of or relating to the Terms or the use of the Service will be litigated exclusively in Auckland, New Zealand.
Choice of Law
The laws of New Zealand govern these Terms and any disputes arising out of or relating to these Terms.
If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.
Additional Terms for Specific Service
We sometimes need to craft additional terms and conditions for our Service. Those additional terms and conditions, which will be available for review by you at the time they are published, will become part of your agreement with us if you continue to use the Service.
- These Terms make up the entire agreement between you and Gratia, and supersede any prior agreements.
- These Terms do no create or confer any third-party beneficiary rights.
- If we do not enforce a provision in these Terms, it will not be considered a waiver.
- We reserve all rights not expressly granted to you.
- You may not transfer any of your rights or obligations under these Terms without our consent.
- These Terms were written in English and to the extent a translated version of these Terms conflict with the English version, the English version will be decisive.
Gratia Software Limited is located at 6 Brown St, Ponsonby, Auckland 1021, New Zealand.