Version 2020.01.30

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Thank you for your interest in the Galarm mobile application and its features and services (“Services”). We are pleased to offer the Services to you in accordance with these Terms of Service (“Terms”).

The Terms govern our relationship with you and create a legally binding contract. For that reason, please read the Terms carefully. By using the Services, you agree to the Terms. If you don’t agree with any of the Terms, please simply stop using Galarm and send us an email (at galarm@acintyo.com) about your concerns. Please note that we may update the Terms from time to time as explained in more detail below.”

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1. Who Can Use the Services

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Galarm is an application developed by Acintyo, Inc. (“Acintyo”) and to use the Services, you must be able to form a legally binding contract with Acintyo. By using the Services, you affirm that you are either at least 18 years of age, or a minor, but you received the consent of your parent or legal guardian.

 

2. Rights Acintyo Grants to You

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Acintyo grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services in accordance with these Terms. In other words, you may only use the Services as expressly permitted in this agreement.

When you create alarms that include participants, you are picking from a list of contacts that Galarm has matched from your address book/contact list (“Contacts”) who have also installed the Galarm app. You are solely responsible for making sure that the Contact has agreed to be a participant for you. You shall not, at any time, create Contacts for the purpose of spamming individuals with alarms.

You shall not use the Services to organize crime, illegal activity, bully, harass, intimidate, or defame anyone. However, you understand that Acintyo takes no responsibility if someone tries to conduct such activities and infringe on your privacy. At a later date, Galarm may introduce feature to block users, at which point you can block selected numbers. Consequently, alarms you created with those blocked numbers may become partially ineffective.

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You must also respect Acintyo’s rights, meaning you shall not:

 

• use the Galarm logo, trademark or branding without Acintyo’s prior written consent;

• distribute any part of the Services without Acintyo’s prior written consent;

• attempt to alter, break, circumvent, disrupt, or reverse engineer any part of the Services;

• attempt to manipulate or influence any part of the Services;

• use Services that result in infringing any copyright laws (e.g., using the Name or Notes sections of an alarm to share material that you do not own);

• use or launch any automated means (including scripts, bots, crawlers, spiders, and scrapers) to create accounts, access, or use the Services;

• sell access to the Services;

• use the Services to develop a product or service that is competitive or similar to the Services; or

• use the Services in violation of any applicable law or regulation.

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3. Rights You Grant to Acintyo

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When you install and use the Galarm App, we store certain information based on the our published privacy policy. Please click here for viewing Galarm’s Privacy Policy for more details. .

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4. Feedback You Provide

 

Galarm is constantly evolving, and we hope that you will tell us how we can improve the Services. If you provide us with any feedback, you agree that we may use the feedback without restriction and without providing any compensation to you. By accepting your feedback, Acintyo does not waive any of its rights to any intellectual property that Acintyo developed independently or obtained from other sources. Please do not share information with Acintyo that you, or a third party to whom you owe a duty of confidentiality, consider to be confidential.

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5. Right of Control and Termination

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Acintyo may terminate or suspend your account at any time, for any reason, and with or without notice to you. Upon termination or suspension, you continue to be bound by these Terms.

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6. Warranty Disclaimer

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THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ACINTYO, ITS MANAGEMENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “ACINTYO PARTIES”) DO NOT ENDORSE OR ASSUME ANY RESPONSIBILITY FOR ANY CONTENT, AND YOU AGREE THAT THE ACINTYO PARTIES WILL HAVE NO LIABILITY ARISING FROM YOUR USE OF OR ACCESS TO CONTENT.

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK AND THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OBJECTIONABLE, INAPPROPRIATE FOR CHILDREN, OR OTHERWISE UNSUITED TO YOUR PURPOSE. THE ACINTYO PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

 

THE SERVICES ARE CONTROLLED AND OFFERED BY ACINTYO FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE ACINTYO PARTIES MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

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7. Limitation of Liability / Waiver

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IN NO EVENT SHALL THE ACINTYO PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (A) USE, INABILTY TO USE, OR PERFORMANCE OF THE SERVICES, (B) CONTENT OR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (C) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (D) ANY UNAUTHORIZED USE OR ACCESS TO THE SERVICES AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREWITH, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT SAVED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ACINTYO PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE ACINTYO PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00). THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

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8. Premium Subscription

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We offer a premium subscription (the “Premium Subscription”) for a fee. By signing up for and using the Premium Subscription, you agree to our Terms, and any additional terms and conditions provided here. 

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The Premium Subscription allows you to have an increased limit on simultaneous alarms. By signing up for and using the Premium Subscription, you agree to pay any fees or other incurred charges that apply to the Premium Services (such as subscription fees).

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You may at any time terminate your membership, in which case the Premium Subscription will still be valid for the subscription time you have already paid for. Our auto renewable In-app purchase subscriptions can only be cancelled using the App Store or Google Play cancelation services. Subscription fees can be found in the Galarm listing on the App Store and Google Play. We reserve the right to change the subscription fees from time to time.

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9. Disputes / Indemnity

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If anyone brings a claim against any of the Acintyo Parties related to your actions or alarms that your create, you will defend, indemnify and hold harmless the Acintyo Parties from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. This defense and indemnification obligation will survive these Terms and your use of the Services.

You agree that the Services shall be deemed solely based in the commonwealth of Virginia (USA) and do not give rise to personal jurisdiction over the Acintyo Parties, either specific or general, in jurisdictions other than Virginia. These Terms shall be governed by the internal substantive laws of Virginia without respect to its conflict of laws principles.

You will resolve any claim, cause of action, or dispute (“claim”) you have with the Acintyo Parties arising out of the Services exclusively in a court of competent jurisdiction located in Fairfax County, Virginia (USA), and you agree to submit to the personal jurisdiction of such a court for the purpose of litigating all such claims. YOU SHALL BRING ANY SUCH CLAIM WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES. OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED.

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10. Entire Agreement / Severability

These Terms, together with the Privacy Policy, any Supplemental Terms, any amendments, and any additional agreements you may enter into with Acintyo in connection with the Services shall constitute the entire agreement between you and Acintyo concerning the Services. If any part of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of that part shall not affect the validity of the remaining parts, which shall remain in full force and effect. Further, no waiver of any part of the Terms shall be deemed a further or continuing waiver of that part or any other parts. Acintyo’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

11. Revisions of the Terms

Acintyo reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. The most current version of the Terms will always be posted on our website. Your use of the Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms. If you do not agree to the new terms, please stop using the Services.

12. Assignment

These Terms, and any rights and licenses granted in these Terms, may not be transferred or assigned by you, but may be assigned by Acintyo without restriction. Any attempted transfer or assignment in violation of these Terms shall be null and void.  

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