Please read this Mobile Application End User License Agreement (“EULA”) carefully before downloading or using the SetJetters Inc. (“SetJetters”) mobile application (“Mobile App”), which allows You to access SetJetters’s internet-delivered service (“Service”) from Your mobile device. This EULA forms a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and SetJetters (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App. Your use of the Mobile App is subject to this EULA and Your use of the Service will remain subject to the existing agreement governing such use (the “Agreement”). With respect to the use of the Mobile App, and to the extent the Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to use of the Mobile App.
1. License. SetJetters grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal purposes strictly in accordance with this EULA and the Agreement.
2. Usage. Your use of the Mobile App requires that You agree to the terms of the Agreement.
3. Changes to this EULA. SetJetters reserves the right to modify this EULA at any time and for any reason. SetJetters will post the most current version of this EULA at https://www.setjetters.com/eula/. You are responsible for complying with the updated terms posted online at SetJetters’s website. Your continued use of the Mobile App after SetJetters publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. SetJetters may deploy changes, updates, or enhancements to the Mobile App at any time. SetJetters may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Service. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
6. Privacy. In order to operate and provide the Service and the Mobile App, SetJetters may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We use third party service providers to help us collect and analyze this data, including Google Analytics. SetJetters uses and protects that information in accordance with the SetJetters Privacy Policy.
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize SetJetters to send You (including via email and push notifications) information regarding the Service and the Mobile App, such as: (a) notices about Your use of the Service and the Mobile App, including notices of violations of use; (b) updates to the Service and Mobile App and new features or products; and (c) promotional information and materials.
8. No Warranty. YOUR USE OF THE MOBILE APP AND TRAVEL TO THE LOCATIONS LISTED WITHIN IS AT YOUR SOLE RISK. THE MOBILE APP AND CONTENT WITHIN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SETJETTERS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. SetJetters does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
9. Suspension and Termination of the Mobile App. SetJetters reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account under the Agreement. SetJetters has a zero tolerance policy for objectionable content posted by users of the service or for abusive behaviour and retains the sole right to determine what content falls under each category. You understand that if Your account is suspended or terminated, You may no longer have access to any of the content that is stored within the Service and SetJetters reserves the right to remove or delete your content if it is found to be objectionable or abusive.
10. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
11. Contact Information. If You have any questions regarding this EULA, please contact SetJetters by email at erik@SetJetters.com or by mail at 4701 SW Admiral Way Seattle, WA 98116 Attention: Erik.
12. Third-Party Beneficiaries. This EULA is executed between You and SetJetters and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this EULA or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this EULA, allows Apple or Google, as applicable, to enforce this EULA against You as a third-party beneficiary thereof.