End User Licensing Agreement
Last Updated May 30, 2019
Last Updated May 30, 2019
THIS IS A LEGALLY BINDING AGREEMENT, PLEASE READ IT CAREFULLY. It contains important information regarding your legal rights, remedies and obligations, including various limitations and exclusions, and a dispute resolution clause that governs how any disputes will be resolved.
Legally binding contract. This EULA is an electronic contract that sets out the legally binding terms of your use of the Service. This EULA is subject to change by Squelch at any time, effective upon posting on the Websites. By accessing and/or using the Service you accept this EULA and agree to its terms, conditions and notices. Your continued use of the Service following Squelch posting of revised terms of any section of the EULA constitutes your express and binding acceptance of and consent to the revised EULA. The date above reflects the latest version of this Agreement. To retain an electronic copy of this Agreement, you may save it into any word processing program. https://squelchware.com/eula
Limited license. Squelch grants you, subject to your compliance with this Agreement, a limited, non-exclusive, non-transferable license to download and install a copy of the App. You may download the App on any supported device to which you have exclusive control. We reserve all rights in and to the App which are not expressly granted to you under these EULA. You are prohibited from running any version of the App on a “jailbroken” device.
Updates. You acknowledge and agree that new or updated versions of the App may include new or updated EULA. Because new or updated versions of the App may include enhanced security or fixes to previous security-related problems, the failure to install the new version of the App may expose you to security risks, including without limitation a breach of your personal information.
Minimum age. You must be at least eighteen years of age to download and use the App. By using the Service, you represent and warrant that you have the right, authority and legal capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. The Service is also not available to any users who have been previously removed or suspended from the Service by us.
Security. The Squelch App is stored directly on the device on which you install Squelch App. You acknowledge that access to your device allows access to the Squelch App. You acknowledge and agree that you are solely responsible for protecting the security of your device and access to the App, including but not limited to physical access and any device security features such as password, biometric, etc.
Commercial Use of Service. If you are using or accessing the Service on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:
You must not, and must not permit any third party to, copy or adapt the object code of the App, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the App, or circumvent or attempt to circumvent or copy any copy protection mechanism on the App.
You must not sell or transfer, or offer to sell or transfer, access to the App without the prior written approval of Squelch.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Squelch; access or attempt to access data or materials which are not intended for your use;; attempt to scan or test the vulnerability of Squelch’s servers, system or network or attempt to breach Squelch data security ; attempt to interfere with the Services by any means including, without limitation, hacking Squelch’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of Squelch under these EULA, Squelch reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
Voluntary Bids. Squelch provides you with an option to specify a dollar amount between $1 - $400 that you agree to be charged and pay in the event you do not make it through your self-selected blackout period without disabling Squelch to access the apps you selected to block. (“Bid”). Squelch offers a free alternative that does not require any bid or obligationpromise to pay. It is up to you whether you want to bid and in doing so you are legally agreeing to have your payment method charged and make a payment. You alone bear the risk of any loss for any payments made due to failure to meet your self-imposed commitments or goals. You acknowledge and agree that Squelch is not liable to you for any loss, including monies paid or charged to any payment method you provide, as the result of your acts or omissions, including without limitation failure to communicate, conversion, physical injury, mental distress, breach of contract, negligence, and intellectual property violations.
Modifications to App and Service. Squelch reserves the right at any time to modify or discontinue, temporarily or permanently, the App or Service (or any part thereof) with or without notice. You agree that Squelch shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Blocking of IP Addresses. In order to protect the integrity of the Services, Squelch reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website, App or Service.
Term. This Agreement will remain in full force and effect while you use the Service. Squelch may terminate your use of the Website or App for any reason by sending notice to you at the email address or phone number you provide when signing up for the Service, or such other email address as you may later provide to Squelch. All decisions regarding the termination of use of the Service shall be made in the sole discretion of Squelch. Squelch is not required to provide you notice prior to terminating your use of the Services. Squelch is not required, and may be prohibited, from disclosing a reason for the termination of your access to the Service. Even after your use of the Service is terminated, this EULA will remain in effect. All terms that by their nature may survive termination of this EULA shall be deemed to survive such termination.
Intellectual Property. Squelch, the Squelch logos and any other product or service name or slogan contained in the Service are trademarks of Squelch or our suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Squelch or the applicable trademark holder. Any authorized use of these trademarks must be in accordance with any guidelines that Squelch may provide you from time to time. Squelch retains all proprietary rights in the Website and App, except where otherwise noted. The Website and App contain the copyrighted material, trademarks, and other proprietary information of Squelch, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on Squelch is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of Squelch. You agree that Squelch would be irreparably harmed by any violation or threatened violation of this section and that, therefore, Squelch shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.
We may provide links to third party websites on our Website or App. Squelch has no responsibility for these third-party websites nor for their content, which is subject to and governed by the EULA and privacy policies, if any, of the applicable third-party content providers.
You may not use any metatags or any other hidden text utilizing “Squelch” or any other name, trademark or product or service name of Squelch without our prior written permission. In addition, the look and feel of the Squelch Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Squelch and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us or any other affiliation.
The Service is owned and operated by Squelch. Unless otherwise indicated, all content and other materials on the Service, including, without limitation, Squelch’s logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files and the selection and arrangement thereof (collectively, the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws (including in your country of residence).
Limitation of Liability. In no event shall Squelch be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your use of the Service. Nothing contained in the Website, App or Service or in any written or oral communications from Squelch or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Website and App, along with the services provided by employees of the Squelch are offered “As Is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Squelch makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website’s or App’s content or that the functionality of the Website or App will be uninterrupted or error-free or free from virus or third-party attack. You hereby acknowledge that your use of the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL SQUELCH, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES OR SERVICE, EVEN IF SQUELCH HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SQUELCH HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO: LOST PROFITS; LOST DATA; LOSS OF GOODWILL; INFRINGEMENT OF COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY RIGHTS; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SQUELCH WAS ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.
In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of Squelch and sole remedy available to you in any case in any way arising out of or relating to the Agreement, Website, App or Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by you to Squelch during the six months prior to notice to Squelch of the dispute for which the remedy is sought.
Indemnity by You. You agree to indemnify and hold Squelch, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:
CHILDREN UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE WEBSITE, APP OR SERVICE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 18 ARE NOT PERMITTED TO USE THE “BID” FUNCTION OR GIVE SQUELCH THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.
Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the use of the Service, you expressly agree that any such dispute shall be governed by the laws of the State of California, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of California, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of California with the same force and effect as if such service had been made within the State of California. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, “Claims”) arising out of or connected with the Website, App or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of California, County of Shasta, or the corresponding United States District Court. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of California, County of Shasta, or the corresponding United States District Court.
Severability; Waiver. If any provision of this EULA is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this EULA, which shall remain in full force and effect. No waiver of any term of this EULA shall be deemed a further or continuing waiver of such term or any other term. In addition, Squelch’s failure to enforce any term of this EULA shall not be deemed as a waiver of such term or otherwise affect Squelch’s ability to enforce such term at any point in the future.
BY USING THE SERVICES I CONFIRM THAT I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.