Terms of Service
This End User License Agreement (this “EULA”) is a binding contract between [Join Parachute, LLC] (“Join Parachute”) and you, as a user of the Join Parachute application (the “Licensed Application”) downloaded from Apple’s App Store. The Licensed Application is licensed, not sold, to you for use only under the terms of this EULA. This EULA is between you and Join Parachute, and not with Apple. Join Parachute, not Apple, is solely responsible for the Licensed Application and the content thereof. Join Parachute reserves all rights not expressly granted to you.
- Scope of License: Join Parachute grants you a non-transferable, non-exclusive, revocable license to use the Licensed Application on any Apple device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service (the “Usage Rules”). This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. The terms of this EULA will govern any upgrades provided by Join Parachute that replace or supplement the original Licensed Application, unless such upgrade is accompanied by an updated license, in which case the terms of that license will govern.
- Restrictions and Community Standards. You represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Licensed Application, Services (as defined below), or Content (as defined below); (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Services or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Licensed Application, Services, or Content; (iv) disassemble, decompile or reverse engineer the Licensed Application, Services, or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Licensed Application or Services or Join Parachute’s other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Licensed Application or Services or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Licensed Application or Services; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Licensed Application or Services; (x) use the Licensed Application, Services, or Content in a way that will adversely affect Join Parachute or reflect negatively on us, any of Join Parachute’s goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide; or (xii) otherwise violate any of Join Parachute’s published rules, policies, or guidelines.
- Content. “Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Licensed Application. All Content other than Your Content (as defined below) is owned by Join Parachute or its third party licensors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Licensed Application should be construed as granting any license or right to use any of the Content without Join Parachute’s written permission other than as set forth herein. Subject to your continued compliance with this EULA, Join Parachute hereby grants you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Licensed Application and Content for your personal use. Any use of the trademarks included in the Content will inure to Join Parachute’s (or the applicable licensor’s) benefit.
- Termination. Join Parachute reserves the right to modify or discontinue, temporarily or permanently, the Licensed Application or Services (or any part thereof) without notice. Join Parachute may terminate or suspend your account at any time, for any reason, without liability to you. Your right to use the Licensed Application or Services will automatically terminate if you breach this EULA. You may stop using the Licensed Application at any time; to delete your account please contact Join Parachute as set forth at the end of this EULA. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of this EULA which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive. Upon termination of this EULA, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
- Services; Third Party Materials. The Licensed Application may enable access to Join Parachute’s services and websites (collectively and individually, “Services”). Use of the Services may require Internet access and that you accept additional terms of service. The information provided by the Licensed Application is provided to you for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through the Licensed Application, Join Parachute shall not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through the Licensed Application.
Certain Services may display, include or make available content, data, information, applications, services, or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Join Parachute is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Join Parachute does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third party Services or Third Party Materials. Third Party Materials and links to other web sites are provided solely as a convenience to you. Neither Join Parachute, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any Services. You should exercise judgment in your use of any Third Party Materials.
In addition, Services that may be accessed from, displayed on or linked to from Licensed Application are not available in all languages or in all countries. Join Parachute makes no representation that Services are appropriate or available for use in any particular location. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Join Parachute and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Join Parachute be liable for the removal of or disabling of access to any such Services. Join Parachute may also impose limits on the use of or access to certain Services without notice or liability. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
- No Warranty. USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND JOIN PARACHUTE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. JOIN PARACHUTE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. SPECIFICALLY, JOIN PARACHUTE DISCLAIMS (AND YOU WAIVE) ANY AND ALL LIABILITY FOR: (A) THE QUALITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE APP OR ANY CONTENT; (B) THE MODIFICATION OR REMOVAL OF ANY CONTENT OR ANY FEATURES OR FUNCTIONALITY OF THE APP; (C) THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT OR YOUR ACCESS TO THE APP OR CONTENT; (D) THIRD PARTY SITES OR CONTENT PROVIDED BY THIRD PARTIES (INCLUDING OTHER USERS); (E) THE BEHAVIOR OF THIRD PARTIES, INCLUDING USERS (WHETHER THROUGH THE APP OR IN YOUR OTHER INTERACTIONS WITH THEM). NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY JOIN PARACHUTE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL JOIN PARACHUTE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE LICENSED APPLICATION, SERVICES, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE LICENSED APPLICATION OR OTHER THIRD PARTIES. JOIN PARACHUTE DOES NOT ENDORSE ANY USERS OR OTHER THIRD PARTIES LISTED, REFERENCED, OR REGISTERED USING THE LICENSED APPLICATION OR SERVICES. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE LICENSED APPLICATION IS TO DISCONTINUE YOUR USE THEREOF.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application to you, if any. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Join Parachute, not Apple, is responsible for addressing any claims by you or any third party relating to the Licensed Application or your possession and use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. In the event of any third party claim against Join Parachute that the Licensed Application or your possession and use of the Licensed Application infringes a third party’s intellectual property rights, Join Parachute, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JOIN PARACHUTE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF JOIN PARACHUTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL JOIN PARACHUTE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF FIFTY DOLLARS ($50.00) OR THE AMOUNTS PAID BY EITHER PARTY TO THE OTHER IN THE PAST TWELVE MONTHS. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Indemnity. You hereby do and will release, defend, indemnify, and hold Join Parachute, its past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Licensed Application or Services, Your Content, your violation of this EULA, or any claims arising from transactions or relationships between you and other users of the Licensed Application or Services. Join Parachute may opt to defend such claims at its sole discretion, in which case you will indemnify it for the costs of such defense. California residents hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
- Force Majeure. Join Parachute will not be responsible or liable for any delays or failures to perform due to causes beyond its reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
- Beta Offerings. Join Parachute may from time to time offer you the chance to try certain “beta” or “evaluation” products, services, features, or functionality (“Beta Offerings”). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALL BETA OFFERINGS ARE PROVIDED ON A COMPLETE “AS-IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, AND JOIN PARACHUTE WILL HAVE NO LIABILITY IN CONNECTION WITH THE BETA OFFERINGS.
- Governing Law; Disputes: The laws of the State of Texas, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. The parties submit and consent to the exclusive jurisdiction of the state and federal courts in Travis County, Texas to resolve any disputes arising hereunder. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
- Third Party Beneficiary. Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and, upon your acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against You as a third party beneficiary thereof.
- Entire Agreement. This EULA and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party's failure to exercise or enforce any right or provision of this EULA shall not operate as a waiver of such right or provision.
- Contact Information: Your questions, complaints or claims with respect to the Licensed Application should be directed to Join Parachute at 512-200-9591.