One37 Terms & Conditions

Last Updated: 15 August 2021

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING OR ACCESSING THIS One37 App, YOU AGREE TO BE BOUND BY THIS LICENCE AGREEMENT. IF YOU DO NOT ACCEPT THIS LICENCE AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, COPY, OR OTHERWISE USE OR ACCESS THIS MOBILE App (App)

  1. OVERVIEW

This End User License Agreement (EULA) is an agreement between One37 solutions Inc. (weOne37, us, or our) and you or the entity you represent (you or your).

This EULA sets out the terms and conditions governing the downloading, installation, copying, use of and access to (use) the One37 Mobile App (App) on any devices with which the App is compatible (Mobile Device). Any reference in this EULA to the App must be read as including a reference to data, information and content made available through the App.

We may change, suspend, or discontinue any aspect of our App or services at any time, including the availability of any feature or content. We may impose limits on certain services or restrict your access to parts or all of our App or services, without notice to you.

This EULA takes effect when you click an "I Agree" button or tick box presented with these terms when you attempt to Create a New Identity.
 

  1. LIMITED LICENSE
    1. One37 grants you a limited, revocable, non-exclusive, non-transferrable right to use the App on any Mobile Device that you own and control. You must not distribute the App, or make the App available to any third party, or make the App available over a network where it could be used by multiple devices at the same time.
    2. Unless otherwise specified by One37, the terms of this EULA govern all versions of the App, including any upgrades or updates provided or otherwise made available by One37.
    3. You have no right to copy, decompile, disassemble, reverse-engineer, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part of the App (except to the extent that any such restriction is prohibited by applicable law or, in the case of copying, to the extent required to use the App in accordance with the license granted under this clause, 2A and 2B.
       
  2. INTELLECTUAL PROPERTY RIGHTS

    All intellectual property rights in and to the App, including design and copyright, are owned by One37 or its licensors or assignees. Other than as expressly provided in this EULA, nothing in this EULA operates to transfer or assign ownership of intellectual property rights, or confers on you any right, title or interest in or to any of One37's intellectual property rights or to any third-party intellectual property rights.
     
  3. USE OF DATA

    One37 may collect, use, disclose and otherwise deal with technical data and related information, including technical information about your Mobile Device, system and application software, and peripherals, that is gathered to facilitate the provision of software updates, product support, and other services related to the App. One37 may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
    If we collect, use, disclose or otherwise deal with your personal information, we will do so in accordance with our Privacy Policy, and our data processing technologies if applicable, as set under the Settings section of the App.
     
  4. OPEN-SOURCE SOFTWARE

    The App may include open-source software that is subject to one or more open-source license (Open-Source Software). Any such Open-Source Software is licensed under its applicable license terms and is not subject to the terms and conditions of this EULA unless otherwise specified.
    Even where Open-Source Software is governed by other license terms, the limitations of liability set out in clause 7 will continue to apply as between you and One37, except to the extent that any such limitations are prohibited by applicable law.
     
  5. NO WARRANTY

    The App is provided strictly on an 'as is' and 'as available' basis with no express or implied warranty or representation of any kind. reverse-engineer, One37 does not represent or warrant:
    1. Accuracy, merchantability, non-infringement, or fitness of the App for any particular purpose;
    2. Accuracy or completeness of any data, information, content, text, graphics, links or other items contained in or made available through the App or through any platforms, including third party platforms, we use to communicate with you in relation to the App;
    3. App will be updated or supported by One37 at any particular frequency or any particular period of time, or that the App will support the creation and maintenance of backups;
    4. Use of the App will be uninterrupted or error-free; or
    5. App will be free of viruses, worms, denial of service attacks, or other harmful components or codes.

This EULA does not exclude, restrict or modify them. Clause 7 sets out our liability in relation to such non-excludable consumer guarantees as per the Canadian and the United States consumer's laws.
 

  1. LIMITATION OF LIABILITY

To the maximum extent permitted by law, One37 will not be liable for any direct or indirect liability, loss, damage, cost or expense (including loss of profits, loss of revenue, loss of privacy, business interruption, loss of savings, loss of information or data, or any indirect, special, incidental or consequential loss of any kind) arising out of or in connection with your access and use of (or inability to access and use) the App, whether in contract, tort (including negligence), equity, breach of statutory duty or otherwise, even if One37 has been advised of the possibility of such damages.

Nothing in this EULA affects any non-excludable warranties, guarantees or other rights provided by law as described in clause 6. Our liability for breach of such non-excludable consumer guarantee is limited, at our option, to re-performing the relevant service (unless the non-excludable consumer guarantee says otherwise).

 

  1. THIRD PARTY MATERIALS AND TERMS

The App may display or make available certain third-party content (third Party material). You use the third-Party Materials at your own risk. One37 is not responsible for examining or evaluating the content, or accuracy of any Third-Party materials, and will not be liable in relation to any third-Party material. You must not use the third-Party materials in any manner that is inconsistent with the terms of this EULA or that infringes the intellectual property rights of One37 or any third party.

You are solely responsible for complying with the terms of any applicable third-party agreement or license terms that apply in connection with such third-party material.
 

  1. TERMINATION

This EULA is effective until terminated by you or One37. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. If your rights are terminated, you must immediately cease to use the App and delete all copies of the App in your possession.

You may only terminate this EULA by ceasing to use the App and deleting all copies of the App in your possession.

Termination of this EULA is without prejudice to the rights and obligations accrued up to and including the date of termination and either you or we may take action against the other under this EULA in respect of a breach of the EULA arising before the effective date of termination.
 

  1. GOVERNING LAW

This EULA and any dispute or claim arising out of or in connection with it will be governed by and construed in accordance with the laws of BC, Canada and the parties submit to the non-exclusive jurisdiction of the courts of BC, Canada to deal with any dispute, litigation or other terms and conditions relating to this EULA or the App.

You must not object to the transfer of any proceedings to BC, Canada courts on any basis, including inconvenience. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
 

  1. GENERAL

If, at any time, any provision of this EULA is or becomes illegal, invalid or unenforceable to any extent, then that provision will be read down so that it becomes legal, valid or enforceable, or if that is not possible, then that provision will be deleted. The other terms of this EULA will continue to apply with full force and effect.

You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a terrorist supporting country, and you are not listed on any US Government list of prohibited or restricted parties.
 

  1. App Store (Example: Apple and/or Google Play)

    Where and When you use the App on an Apple and/or Android Mobile Device, you acknowledge that
    1. This EULA is between you and One37, and not the App Stores designated to download the App;
    2. The App Stores have no responsibility or liability in respect of any terms and conditions relating to the App, including your use or possession of the App or the provision of maintenance or support services relating to the App;
    3. One37, and not App Stores, is responsible for addressing any claims relating to the App or your possession or use of the App, including:
      1. product liability claims;
      2. any claim that the App fails to conform to any applicable legal or regulatory requirement; and
      3. claims arising under consumer protection, privacy, or similar legislation.
    4. If the App fails to conform to any applicable warranty, you may notify the App Stores who will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty not expressly excluded under this EULA will be One37's sole responsibility; and
    5. In the event of any third-party claim that the App, or your possession and use of the App, infringes that third-party's intellectual property rights, One37 (and not The App Stores) will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

One37 and you agree that the App Stores and any of their subsidiaries, are third party beneficiaries of the EULA and that App Stores has the right to enforce the EULA against you as a third-party beneficiary. Otherwise, this EULA does not create any third-party beneficiary rights in any individual or entity that is not a party to this EULA.
 

  1. CONTACT

If you have any questions, complaints or claims relating to the App, please contact: E-mail address: [email protected]