Effective Date: 01/06/2025
End-User License Agreement for Gritty iOS Application
This End-User License Agreement ("Agreement") is a legal agreement between you (referred to as "User" or "You") and [SS3 HOLDINGS LLC] (referred to as "Developer" or "We" or "Us"), governing your use of the [Gritty] application (referred to as the "App") for iOS devices. By installing, accessing, or using the App, you agree to be bound by the terms and conditions of this Agreement.
Grant of License
Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable license to download, install, and use the App on your iOS device solely for personal, non-commercial purposes.
User Conduct
Prohibited Activities
You agree to use the App in accordance with all applicable laws and regulations. You shall not engage in any activity that may be harmful, illegal, or in violation of this Agreement, including but not limited to:
a) Abusing or exploiting the App for personal gain or malicious intent.
b) Engaging in any illegal activity or facilitating illegal activities through the App.
c) Posting, transmitting, or distributing objectionable, offensive, or harmful content, including but not limited to content that is defamatory, infringing, or discriminatory.
d) Impersonating any person or entity, or falsely representing your affiliation with any person or entity.
e) Breaching the security of the App, attempting to gain unauthorized access to other users' accounts, or interfering with the proper functioning of the App.
Content Responsibility
You acknowledge and agree that you are solely responsible for the content you create, post, share, or otherwise transmit through the App. You shall not use the App to distribute or promote any content that violates any applicable laws or regulations, or that infringes upon the intellectual property rights or privacy rights of others.
Intellectual Property Rights
The App and all associated materials, including but not limited to text, graphics, images, videos, audio, software, and other content, are owned by the Developer or its licensors and are protected by intellectual property laws. You shall not copy, modify, distribute, sell, or exploit any part of the App or its content without the prior written consent of the Developer.
Unauthorized use of the App’s intellectual property may result in legal action. This includes unauthorized reproduction, modification, distribution, or public display of the App or its content.
Data Protection and Privacy
By using the App, you consent to the collection, use, and sharing of your data as outlined in our Privacy Policy.
We take reasonable measures to protect the privacy and security of your data but cannot ensure absolute security. You acknowledge that you use the App at your own risk in relation to data privacy and security.
Liability for Misuse
You are responsible for any misuse of the App under your account. Any actions taken through your account that violate this Agreement or applicable laws will be attributed to you.
Termination
We reserve the right to terminate or suspend your access to the App, at our sole discretion, without notice or liability, for any reason, including but not limited to your breach of this Agreement or violation of applicable laws. Upon termination, you shall cease all use of the App and delete it from your iOS device.
Prohibition of Harmful and Abusive Content
You shall not create, post, share, or transmit any content through the App that is harmful, abusive, threatening, harassing, or otherwise objectionable. This includes, but is not limited to, content that promotes violence, discrimination, hatred, or any form of illegal activity. You understand and agree that the Developer reserves the right to determine, in its sole discretion, what constitutes harmful or abusive content.
Legal Consequences
You acknowledge that creating, posting, sharing, or transmitting harmful or abusive content may have legal consequences, and you shall be solely responsible for any such content you generate or disseminate. The Developer shall fully cooperate with law enforcement authorities or comply with any legal obligations to disclose information or remove content that violates applicable laws or regulations.
Apple's Guidelines
You understand and acknowledge that the App is subject to Apple's App Store Review Guidelines and other relevant policies (collectively referred to as "Apple Guidelines"). You shall comply with the Apple Guidelines, including but not limited to the guidelines pertaining to objectionable or harmful content.
Disclaimer of Warranty
THE APP IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
While we strive to provide a reliable and functional App, we cannot guarantee uninterrupted service or that the App will always be available, error-free, or secure.
Limitation of Liability
IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Our liability is limited to the greatest extent permitted by law. This includes limitations on any claims related to personal injury, fraud, or gross negligence.
Indemnification
You agree to indemnify, defend, and hold harmless the Developer, its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your use of the App or your breach of this Agreement.
You also agree to indemnify us against any claims or damages arising from your use of the App in a manner not authorized by this Agreement, including but not limited to improper or illegal use.
Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction where the Developer is located, without regard to its conflict of laws principles. Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts in that jurisdiction.
Severability
If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.
Entire Agreement
This Agreement constitutes the entire agreement between you and the Developer regarding the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties concerning such subject matter.
Compliance with Apple's Policies
You agree to comply with all Apple policies, terms, and conditions that are applicable to your use of the App, including but not limited to the Apple Developer Program License Agreement, the Apple App Store Review Guidelines, and any other relevant guidelines or agreements.
By installing, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms and conditions, you must not install, access, or use the App.