End User License Agreement

By downloading, installing, or using the App, you confirm that you have read, understood, and agree to be bound by this Agreement. If you do not agree, do not download, install, or use the App. You must be at least 16 years old to use the App; Providers aged 16–17 may use it only with verified parental/guardian consent as described in our Terms of Service. If you are using the App on behalf of a business, you represent that you are authorized to bind that business.

Subject to your compliance with this Agreement, Village grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install one copy of the App on any Apple- or Android-branded device that you own or control, and to run that copy solely for your personal or internal business use. For Apps obtained through the Apple App Store, this license is further governed by the Usage Rules in Apple’s Media Services / App Store Terms and Conditions; for Apps obtained through Google Play, it is governed by the Google Play Terms of Service.

You agree that you will not, and will not permit anyone else to:

• copy, modify, or create derivative works of the App, except as expressly permitted by this Agreement or applicable law;
• reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, except to the limited extent applicable law expressly permits despite this restriction;
• rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App to any third party;
• remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on the App;
• use the App to build a competing product or service, or copy any features, functions, or interfaces of the App;
• circumvent, disable, or interfere with security-related features of the App, or access the App by any means other than the interfaces we provide; or
• use the App in any way that violates applicable law or the Terms of Service.

The App is licensed, not sold. Village and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights in the software, its design, and its content (excluding content you submit). No rights are granted to you other than the limited license expressly stated in this Agreement, and Village reserves all rights not expressly granted.

You acknowledge that this Agreement is concluded between you and Village only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). Village, not Apple or Google, is solely responsible for the App and its content. This Agreement does not provide for usage rules for the App that conflict with the App Store Terms of Service or Google Play Terms of Service; where they conflict, the applicable app-store terms govern that conflict.

Village is solely responsible for providing any maintenance and support services for the App, as required under applicable law. You acknowledge that neither Apple nor Google has any obligation whatsoever to furnish any maintenance and support services with respect to the App. For support, contact will@jobsonvillage.com.

To the maximum extent permitted by applicable law, the App is provided “AS IS” and “AS AVAILABLE” without warranty of any kind, and Village is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the sole responsibility of Village.

Village, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product-liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation. This Section does not limit Village’s disclaimers or the limitation of liability below.

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, Village, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by this Agreement.

You agree that Village may collect and use technical data and related information — including information about your device, system and application software, and peripherals — that is gathered periodically to facilitate the provision of software updates, product support, and other services related to the App. Village may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you. Our collection and use of personal information is described in our Privacy Policy.

Village may from time to time provide updates, upgrades, or new versions of the App, which may be installed automatically or require your action, and which are subject to this Agreement unless a separate license accompanies them. We may also modify this Agreement; if we make material changes, we will provide notice (for example, in-app or by email). Your continued use of the App after changes take effect means you accept the updated Agreement.

You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree to comply with all applicable third-party terms of agreement when using the App (for example, your wireless data-service agreement).

This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically, without notice, if you fail to comply with any of its terms. Village may also suspend or terminate your license at any time as described in the Terms of Service. Upon termination, you must stop all use of the App and delete all copies from your devices. Sections that by their nature should survive termination (including Ownership, Disclaimers and Limitation of Liability, Product Claims, Intellectual Property Claims, and Governing Law) will survive.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VILLAGE DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, VILLAGE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE APP. VILLAGE’S TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE APP IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE APP IN THE 12 MONTHS BEFORE THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100). This limitation is read together with the more detailed limitation in the Terms of Service.

You and Village acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of it. To the extent the App is obtained through Google Play, Google is similarly a third-party beneficiary of this Agreement.

This Agreement is governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in the Terms of Service, the exclusive jurisdiction and venue for disputes is the state courts located in New Castle County, Delaware, or the U.S. District Court for the District of Delaware.

Village Technology Services, LLC
131 Continental Dr, Suite 305, Newark, DE 19713, New Castle County
Email: will@jobsonvillage.com
Text/support: +1 (404) 918-2012