Terms and Conditions
Application License Agreement
Your access to and use of the proprietary software application known as "Grit" ("Software") is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Software. By accessing or using the Software you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Software.
Grant of License
Subject to your compliance with the terms and conditions set forth herein, "Grit" hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software. Restrictions on Use. You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to "Grit" at law or in equity
Title and Ownership
The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by "Grit" and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by "Grit" and/or its licensors.
Third Party Software
Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third party software is provided AS IS. "Grit" is not liable for any losses or damages which may occur from the use of any third party software.
"Grit" improves from time to time the Software and may update/upgrade the Software at its sole discretion, with or without notification. At "Grit"'s sole discretion, "Grit" may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, "Grit" may, but is not obligated to, provide email and/or internet based support with online help.
"Grit" is a subscription based digital service. "Grit" reserves the right to change the products' price at any time. "Grit" reserves the right to refuse or cancel certain orders at our sole discretion. "Grit" might offer contests, discounts or promotions on the website. "Grit" reserves the right to update subscription plans benefits at any time. "Grit" Premium entitles you with full access to "Grit"'s premium features on all platforms. If you upgrade from the free version to any paid plan, we will immediately bill you for the applicable subscription fees. "Grit" will automatically renew your subscription for the same plan length unless you cancel your subscription at least 48 hours before the end of the current period. An email or phone request to cancel your subscription is not considered cancellation. Any cancellation will take effect only at the end of your then current contract period. "Grit" holds a NO REFUND POLICY. "Grit" is free to try for an unlimited amount of time and thus subscriptions to the service are non-refundable. All sales are final. "Grit" reserves the right to offer refunds in select circumstances at its sole discretion. "Grit" reserves the right to terminate access to certain users in case of abuse or misuse of the platform. "Grit" exclusively owns the content and the trademarks displayed on the app.
Compliance with Law
This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
Changes to Software or License Agreement
"Grit" may modify, suspend, or discontinue any aspect of the Software at any time. "Grit" reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through website posting. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your acceptance of any such changes.
THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, "Grit" DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL "Grit" OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL "Grit"'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO "Grit" FOR USE OF THE SOFTWARE, EVEN IF "Grit" HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement. "Grit" may terminate this License Agreement at any time with or without prior notice. You may terminate this license at any time by stopping your use thereof and un-installing the Software.