Waddle Terms and Conditions
Last Updated: July 16, 2025
DigiTaters LLC (“Company”, “we”, “us”, or “our”) are pleased to provide you with access to the Waddle mobile application. These Terms and Conditions (“Terms”) govern your access to and use of the App. For purposes of these Terms, the “App” means, collectively, (i) the Waddle mobile application and its related websites and domains, (ii) any email notifications or other mediums, or portions of such mediums, through which you have accessed these Terms, and (iii) any content, information, data, documentation, technology, software, functionality, and services offered through, viewable on, contained in or downloadable from any of the foregoing. Please read these Terms carefully before using the App. By downloading, installing, or using the App, you agree to be bound by these Terms.
Disclaimers: As further described below, the App is not a tracking tool but is intended to be used as a social tool for friends and other groups to keep one another updated as to when they will get to a particular place. You acknowledge and agree that: (i) you use the App at your sole and exclusive risk; (ii) the App may involve risks and dangers associated with other persons knowing your location or whereabouts; (iii) you should only share such information with those persons that you trust; and (iv) for your safety and the safety of others, you must avoid using or viewing devices (including the App) while driving, operating dangerous machinery, or in any situation where you need to focus on your surroundings.
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; AND (B) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APP AND DELETE IT FROM YOUR MOBILE DEVICE.
PLEASE BE ADVISED THAT THESE TERMS CONTAIN AN AGREEMENT TO ARBITRATE ALL CLAIMS AND DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE TERMS ALSO ALLOW YOU TO PURSUE CLAIMS AGAINST US ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PART OF ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. AS A RESULT, YOU MAY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE AND DECLARATORY RELIEF) ONLY ON AN INDIVIDUAL BASIS.
WE MAY IMMEDIATELY TERMINATE YOUR ACCESS TO THE APP (IN WHOLE OR IN PART) IF YOU FAIL TO COMPLY WITH ANY PROVISION OF THESE TERMS, IF WE BELIEVE YOUR USE OF ALL OR ANY PORTION OF THE APP WILL REFLECT POORLY ON US OR OUR GOODWILL, OR IF WE OTHERWISE DEEM YOUR USE OF THE APP TO BE ILLEGAL OR OTHERWISE INAPPROPRIATE, IN EACH CASE, IN OUR SOLE AND ABSOLUTE DISCRETION.
Table of Contents:
By using the App, you accept and agree to comply with these Terms. If you do not agree to these Terms, do not use the App. We may update these Terms from time to time. If we make material changes to these Terms, we will notify you by email to the email address specified in your account or through a notice or message on the App. The date these Terms were last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you. If you do not agree to the updated Terms, then you must stop using the App.
You acknowledge that when you download, install, or use the App, we may use automatic means (including, for example, cookies and web beacons) to collect information about your mobile device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality, and the App may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the App is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Please see our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users. Our Privacy Policy is hereby incorporated into these Terms by reference.
The App is for users who are 18 years of age or older and reside in the United States only. The App is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States. By using the App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, then you must not access or use the App.
The App is designed to allow others to view your estimated time of arrival (“ETA”) to an agreed-upon destination. The App is also designed to provide you with the ability to know when the App is using your location for ETA calculation purposes. You acknowledge and agree that use of the App may involve special or inherent risks associated with other persons knowing your intended destination. Thus, you must only engage in activity within the App with those that you trust, and you must not endanger yourself or others by viewing a device while driving, operating dangerous mechanical devices, or in any other situation in which you should be observing your surroundings.
We or our licensors will own and retain all right, title and interest in and to the following (collectively, “Our Property”), all of which are protected by U.S. and international intellectual property laws: (i) the App and all improvements, enhancements or modifications thereto; (ii) any work product, including any software, applications, inventions or other technology or intellectual property developed, authored or reduced to practice in connection with the App (“Results”); (iii) the “Waddle” name, logo, brand, marks and other similar intellectual property and all of our designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof; (iv) any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the subject matter of these Terms (collectively, “Feedback”); (v) any and all performance data, test or evaluation results, or other metrics derived from the App and Aggregated Data (as defined below); and (vi) all intellectual property rights related to any of the foregoing. We expressly reserve all other rights in and to the foregoing. During and after the term of your use of the App, each of you and we will cooperate with the other to do any and all things which are reasonably necessary or desirable to establish, maintain, protect and enforce our ownership of the property identified in this Section.
You are granted a limited, non-sublicensable license to access and use the App. Such license is subject to these Terms and does not include or authorize: (a) any resale or commercialization of the App or the content provided to you by the App; (b) modifying or otherwise making any derivative uses of the App or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the App or any information contained therein, except as expressly permitted by the Company; or (e) any use of the App other than for its intended purpose. Any use of the App other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws and regulations. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license provided under these Terms is revocable at any time.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.
i. Notification. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access to them) from the App by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (the “DMCA”), your written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the App, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Additionally, please be aware that, if you knowingly materially misrepresent that material or activity on the App is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
ii. Counter Notification Procedures. If you believe that material you posted on the App was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our Copyright Agent. Pursuant to the DMCA, a Counter-Notice must include substantially the following:
Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the App may be found) and that you will accept service from the person (or an agent of that person) who provided the App with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
iii. Copyright Agent. Our designated Copyright Agent to receive DMCA Notices and Counter Notices is:
Legal at Waddle
401 E Jackson St
Ste 1500
Tampa, FL 33602
innovate@digitaters.com
The “Waddle” name, logo and any other product or service name or slogan contained on the App are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Waddle” or any other name, trademark or product or service name of Company without our prior written permission. In addition, the look and feel of the App and graphical user interface of the App, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark or trade dress of Company 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 or contained in the App are the property of their respective owners.
You may link to certain portions of the App, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior written consent. The App may provide certain social media features that enable you to: link from your own or certain third party websites to certain content available on the App; send e-mails or other communications with certain content, or links to certain content available on the App; or cause limited portions of content from the App to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, solely with respect to the content with which they are displayed, and otherwise in accordance with these Terms and any additional terms and conditions that we may provide with respect to such features. Subject to the foregoing, you must not: (i) establish a link from any website that is not owned by you; (ii) use the App or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any website; or (iii) otherwise take any action with respect to the materials on the App that is inconsistent with any other provision of these Terms. Any website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
You will not, and will not permit others to, directly or indirectly, do any of the following:
Use the App in any way that violates any applicable federal, state, local or international law or regulation, or the rights of a third party;
Through the use of the App, unlawfully defame, abuse, harass, offend, threaten or harm anyone or any entity;
Engage in any conduct that restricts or inhibits, or prevents access, use or enjoyment of the App (or any part thereof), or which, as determined by us, may harm us or users of the App or expose them to liability;
Use the App to impersonate or attempt to impersonate us, our employees or other representatives, another user of the App or any other person or entity (including by using e-mail addresses associated with any of the foregoing);
Use the App in any manner that could disable, harm, overburden, damage, or impair the App or interfere with any other party's use of the App, including their ability to engage in real time activities through the App;
Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App;
Manually or otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit the App or any of the material on the App, except that you may print one copy of a reasonable number of pages of the App for your own, personal use and not for further reproduction, publication or distribution or modification;
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the App;
Use any illustrations, photographs, video or audio sequences or any graphics available on the App separately from the App;
Use any device, software or routine that interferes with the proper working of the App (or any part thereof);
Introduce any viruses, trojan horses, worms, logic bombs or other malicious or technologically harmful material to, on or through the App (or any part thereof);
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, or any servers, computers or databases on which the App is stored;
Attack the App via a denial-of-service attack or a distributed denial-of-service attack;
Otherwise attempt to interfere with the proper working of the App (or any part thereof); or
Violate these Terms or our Privacy Policy.
Depending on the functionality of the App, you may need to create an account to use certain features. You agree to provide accurate, current, and complete information when creating an account (“Registration Data”). You are responsible for maintaining the confidentiality of your account and password and for all activities that occur under your account. In addition, you agree not to access or use, or attempt to access or use, the App or any part thereof using the identity or the Registration Data of any person other than yourself. Please note that no system can be fully secure, and we cannot guarantee the absolute security of your information. By using the App, you acknowledge the inherent risks of data transmission over the internet.
The App may contain links to third-party websites, services, or content. These links are provided for your convenience, and we do not control or endorse the content or services provided by third parties. We are not responsible for any damages or losses incurred from using third-party services or accessing third party content. Company or users may provide links to web pages and content of third parties as a service to those interested in such links and content, and Company may post third party content or allow users to post their content or third party content to or through the App (“Third-Party Content”). Company does not monitor or have any control over any Third-Party Content or third party web sites. Company does not endorse or adopt any Third-Party Content or third party website and can make no guarantee as to its accuracy or completeness. Company does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third-Party Content or third party websites. You use these links, Third Party Content and third party websites at your sole and exclusive risk.
The App may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (“Third-Party Services”). Company is merely an information provider and is not a referral service, and we do not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Company assumes no responsibility or liability for any Third-Party Services or for the actions or failure to Commented [GL7]: Hyperlink to Privacy Policy. act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Company is not responsible or liable for any Third-Party Services.
Company may run advertisements and promotions from third parties on the App. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Company, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Company advertisements on the App.
The Waddle mobile application requires the use of mobile devices and wireless services. Your mobile service provider may charge you for those services that it provides, which are related to the App. You should check with your mobile service provider to learn about such charges. By using the App, you agree that the Company may communicate with you regarding the App by SMS, text message, email or other electronic means to your mobile device or email address.
(a) Certain Acknowledgements.
By using the App, you: (i) acknowledge that these Terms are between you and us and not with Apple, Inc., Google, Inc. or any other third-party; (ii) agree not to use or manipulate the App on your mobile device while driving or operating any other heavy machinery; and (iii) acknowledge that certain parts of the App may require phone service, data access or text messaging capability. Except as otherwise noted, carrier rates for phone, data and text messaging will apply and you acknowledge that we may, in our sole discretion and at any time, change, suspend, remove, or disable access to the App or other materials comprising part of the App at any time without notice. In no event will we be liable for making these changes. We may also impose limits on the use or access of certain features or portions of the App, in each case without notice or liability.
(b) Scope of License.
The App is licensed, not sold, to you. Your license to the App is subject to your prior acceptance of these Terms and you agree that these Terms will apply to the App that you license. We reserve all rights in and to the App not expressly granted to you under these Terms. The license granted to you for the App is a limited, non-exclusive and nontransferable license to: (i) download, install and use the App for your personal, non-commercial use on a single, compatible mobile device that you own or control (“Mobile Device”), as permitted by these Terms and subject to any additional rules and restrictions imposed upon you by third parties, such as rules and restrictions imposed by your mobile device provider and your mobile application store provider (“Third-Party Rules”); and (ii) access, download and use on such Mobile Device the App strictly in accordance with these Terms. For the avoidance of doubt, this license does not allow you to use the App on any Mobile Device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. If you sell or otherwise transfer your Mobile Device to a third party, you must remove the App from the Mobile Device before doing so.
(c) Updates.
We may, at any time and from time to time with or without notice to you, in our sole discretion develop and provide updates to the App, which may include upgrades, bug fixes, patches and other error corrections or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. We have no obligation to provide any Updates or to continue to provide or enable any features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the App will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates. You must promptly download and install all Updates and acknowledge and agree that the App or portions of the App may not properly operate should you fail to do so. The terms of this license will govern any Updates unless such Update is accompanied by a separate license in which case the terms of that license will govern.
Notwithstanding anything to the contrary, and to the extent not prohibited by applicable law, we will have the right to collect and analyze your content, materials and data provided by you to us or via the App (“Your Materials”) and other information relating to the provision, use and performance of various aspects of the App (including Your Materials and data derived therefrom), and will be free (during and after the term of your use of the App) to: (i) use such information and data to improve and enhance the App and for other development, diagnostic and corrective purposes in connection with the App, including our other product or service offerings; and (ii) use and disclose such information and data solely in aggregate or other de- identified form in connection with our business without disclosing your identity (“Aggregated Data”). No rights or licenses are granted except as expressly set forth herein. Any improvements, enhancements or other modifications created, prepared, produced, authored, edited, amended, conceived or reduced to practice by us (whether alone or together with you or any other third party or parties) arising out of or relating to Feedback are and will remain our sole and exclusive property.
The App may from time to time include areas in which you or other users may post content and information (“User Content”) and may include other interactive areas or services in which you or third parties may create, post, modify or store information, content, materials or other items (“Interactive Areas”). If you submit User Content, then you acknowledge and agree that, once published or otherwise used by us in accordance with our Privacy Policy, it cannot always be withdrawn. You assume all risks associated with any User Content that you post or submit on or through the App, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in such User Content that makes you personally identifiable. By submitting User Content on or through the App, you represent and warrant that you own or have the necessary permissions to use and authorize the use of such User Content as described in these Terms and our Privacy Policy and that such User Content complies with these Terms. You may not imply that such User Content is in any way sponsored or endorsed by us. You acknowledge that any User Content that you post or submit on or through the App may expose you to liability. For example, but not by way of limitation, you may be exposed to liability if such User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any laws.
You are solely responsible for your use of Interactive Areas and use them at your sole and exclusive risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the App any of the following:
User Content that is false, deceptive, deceitful, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, harmful to minors, fraudulent or otherwise objectionable;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Terms;
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations, including any advertisements for commercial services or products;
Private or confidential information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas, the App, or which may expose Company or its users to any harm or liability of any type; or
User Content that harasses, degrades, intimidates or is hateful toward an individual or group of individuals for any reason and especially on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability.
Additionally, you agree not to:
use the App to impersonate a third party or load our software on a third party’s mobile device without our permission;
use the App to “stalk”, harm or otherwise harass anyone;
use the App or collect personal data about others for unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the App– unless expressly permitted by the Company;
post non-local or otherwise irrelevant User Content, repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to the Company’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the App, or our website;
use any form of automated device or computer program that enables the submission of postings without each posting being manually entered by the author thereof (an “automated posting device”), including the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals; or
threaten anyone or exploit anyone in a sexual, violent or other objectionable manner.
To the fullest extent permitted by applicable law, we disclaim all liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity that you may encounter. We are not involved in the preparation or actual transmission of User Content. As a result, We do not approve or endorse User Content, and you acknowledge and agree that we: (i) have no control over the quality, correctness, timeliness, safety, truthfulness, accuracy or legality of any User Content posted or submitted by you or any other person or entity; and (ii) will have no liability to you as a result of your submission or posting, access or use of, or reliance on, such User Content. User Content posted by other users may be inaccurate. Additionally, you may find User Content posted by other users to be offensive, harmful, indecent, or deceptive. Please use caution and common sense, and do not rely solely on User Content. Although we do not regularly review User Content, We may, in our sole discretion and at any time, remove or edit any User Content. You acknowledge and understand that we are under no obligation to enforce these Terms on your behalf against another user. Opinions, advice, statements, offers, or other information included in any User Content, but not directly by us, are those of their respective authors, who/which are solely responsible for such User Content. Any use of the Interactive Areas or other portions of the App in violation of the foregoing violates these App Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas or the App.
We may use User Content as set forth in our Privacy Policy. We have no obligation to retain or provide you with copies of any User Content submitted by you on or through the App, nor do we guarantee any confidentiality with respect to such User Content. Accordingly, once you submit User Content to us, you thereby irrevocably grant us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable license and right to use the same as set forth in this Section. Please note that, by submitting User Content then: (a) you also irrevocably grant the other App users the license and right to access and use such User Content as determined by us in our sole discretion; and (b) waive, and cause to be waived, against us, and users and providers of the App any claims and assertions of moral rights or attribution with respect to the same. You acknowledge and agree that we may delete any or all User Content at any time in our sole discretion, and that copies of such User Content may not be accessible, viewable or downloadable by you or any other user following such deletion. Accordingly, you must retain a copy of any User Content uploaded by you if you want to access or use such User Content in the future. We are not required to provide any notice of any such deletion and will not be liable for any failure to do so or otherwise in connection with any deletion of User Content.
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE WITH RESPECT TO THE SAME. WE DO NOT WARRANT THAT ACCESS TO THE APP WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO WE MAKE ANY WARRANTY THAT THE APP (IN WHOLE OR IN PART) WILL BE PROVIDED AT ANY PARTICULAR INTERVALS OR AT ALL, OR IF PROVIDED, WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS OR NEEDS, ACHIEVE ANY PARTICULAR RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, BE SECURE, ACCURATE, COMPLETE, FREE OF VIRUSES OR HARMFUL CODE OR ERROR FREE, OR BE AGE APPROPRIATE OR UNOFFENSIVE.
You acknowledge that all or a portion of the App may be temporarily unavailable for any reason, including scheduled maintenance, unscheduled emergency maintenance, a force majeure event or for other reasons affecting us, our users, or our other applicable third-party service providers, or because of other causes beyond our control.
You should independently verify the accuracy of any information you obtain on the App before using it. You agree to be solely responsible for your use of the content found on the App. Company reserves the right to change any and all content contained in the App and any services offered through the App at any time without notice.
WHILE WE ATTEMPT TO MAKE YOUR ACCESS AND USE OF THE APP SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
THE APP IS NOT A TRACKING TOOL BUT IS INTENDED TO BE USED AS A SOCIAL TOOL FOR FRIENDS AND OTHER GROUPS TO KEEP ONE ANOTHER UPDATED AS TO WHEN THEY WILL GET TO A PARTICULAR PLACE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE APP WILL CREATE ANY WARRANTY REGARDING US OR THE APP THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU USE THE APP, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN ALL CONTENT (INCLUDING ALL USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE APP), AT YOUR OWN DISCRETION AND SOLE RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE APP, YOUR DEALINGS WITH ANY THIRD-PARTY, AND YOUR CONSUMPTION OR OTHER USE OF ANY CONTENT (INCLUDING ALL USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE APP). YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PERSON OR PROPERTY, OR THE LOSS THEREOF OR OF ANY DATA THAT MAY RESULT FROM THE USE OF THE APP OR THE USE OF ANY CONTENT (INCLUDING USER CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE APP).
ALL THIRD-PARTY MATERIALS INCLUDED IN OR OTHERWISE MADE AVAILABLE VIA THE APP ARE PROVIDED “AS IS” AND SUBJECT TO ANY APPLICABLE THIRD-PARTY SERVICE PROVIDER TERMS AND CONDITIONS. ANY REPRESENTATION OR WARRANTY OF OR CONCERNING ANY THIRD-PARTY SERVICES IS STRICTLY BETWEEN YOU AND THE THIRD-PARTY SERVICE PROVIDER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR ANY OF OUR CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF OUR OR THEIR RESPECTIVE MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE APP, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE APP, INCLUDING ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US OR THE APP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, OR DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES.
OUR AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE APP OR THESE TERMS SHALL NOT EXCEED ANY FEES YOU PAY, IF ANY, TO US FOR ACCESS TO OR USE OF THE APP IN THE 6-MONTH PERIOD PRIOR TO SUCH CLAIM. THE LIMITATIONS IN THIS PARAGRAPH DO NOT APPLY TO ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
We may suspend or terminate your access to the App at any time without notice, for any reason, including violations of these Terms or any illegal or harmful activity. You may terminate these Terms by ceasing use of and destroying all copies of the App. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ALL PAYMENTS OF FEES ARE NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED OR PARTIALLY USED SUBSCRIPTIONS TO THE APP, EVEN IF YOU CANCEL YOUR SUBSCRIPTION IN THE MIDDLE OF THE TERM.
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THESE TERMS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHTS TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
(a) Agreement to Binding Arbitration
Before initiating arbitration, you acknowledge and agree that you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of your problem or dispute to us including information or representations related to the App and upon which you rely. You may seek to resolve any customer concerns through our support services at innovate@digitaters.com. You agree to negotiate with us in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after our receipt of your written dispute, you agree to the dispute resolution provisions below.
By agreeing to these Terms, you agree that you are required to resolve any claim that you may have against us or the App on an individual basis in arbitration, as set forth in this Section. You and we agree that any disputes between us (including any disputes between you and a third-party agent of us) will be resolved through binding and final arbitration and not in a court. This includes (i) any dispute, claims, or controversy arising out of or relating to any part of these Terms, or the existence, breach, termination, enforcement, interpretation, or validity thereof; or (ii) your access to or use of the App at any time. Such dispute shall be submitted to the American Arbitration Association (“AAA”) for individual arbitration in Hillsborough County, Florida and shall be before one arbitrator (the “Arbitrator”). The arbitration shall be administered by the AAA pursuant to its Consumer Arbitration Rules and Procedures, only as modified by this Arbitration Agreement. The Arbitrator shall be a neutral third party, selected in accordance with the rules of the AAA.
You and we agree that the Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel.
By agreeing to individual arbitration, you understand and agree that you are waiving your right to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes or claims. The rules in arbitration are different. There is no judge or jury. Although review is limited, an Arbitrator can award on an individual basis the same damages and relief as would be available in court and must enforce the same limitations stated in these Terms as a court would.
(b) No Class Action
You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This means that you and we each agree to arbitrate in our individual capacities only, not as a representative of a class, a member of a class, or a Private Attorney General. Likewise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
(c) Rules and Governing Law
The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified by this Arbitration Agreement. The AAA Rules are available at https://www.adr.org/sites/default/files/Consumer_Rules_Web_1.pdf. The rules of the arbitral forum will govern all aspects of the arbitration, except to the extent those rules conflict with these Terms.
Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) will govern its interpretation and enforcement and proceedings pursuant thereto. It is the intent of the parties that the FAA and AAA Rules shall preempt all state laws to the fullest extent permitted by law. If the FAA and AAA Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the State of Florida, without regard to its conflict of laws provisions.
(d) Arbitration Process
You can begin the arbitration by submitting a Demand for Arbitration, which is a statement containing basic information about the dispute: (a) the names, addresses and phone numbers of the parties involved (you and us, in most cases); (b) a description of the dispute; and (c) a short statement of the relief you are seeking. The AAA provides a Demand for Arbitration form on its website, or you may contact the AAA at 800-778-7879.
Unless you and we agree otherwise in writing, in the event that any provision of this Section is found not to apply to you or to a particular claim or dispute as a result of a decision by the Arbitrator or a court order, any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in Hillsborough County, Florida. You and we will submit to the personal jurisdiction of the courts located within Hillsborough County, Florida for the purpose of litigating all such claims or disputes.
(e) Arbitrator’s Decision
The Arbitrator will decide the substance of all claims exclusively in accordance with the laws of the State of Florida, including recognized principles of equity, and will honor all claims of privilege recognized by law. The Arbitrator will not be bound by rulings in prior arbitrations involving our other users but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law. Regardless of the manner in which the arbitration is conducted, the Arbitrator shall issue a reasoned written decision sufficient to explain the essential findings of fact and conclusions of law on which the award is based.
Judgment on the award may be entered in any court having competent jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of competent jurisdiction. The Arbitrator’s decision shall be final and binding on all parties. Judgment on any award rendered by the Arbitrator is final, binding, and conclusive on you and us and your and our respective administrators, executors, legal representatives, successors, and assigns. With the exception of disclosures to affiliates and legal counsel, all negotiations and arbitration proceedings related to a dispute (including a settlement, award, or the documents and briefs exchanged or produced during arbitration) are confidential and may not be disclosed by the parties except to the extent necessary for interim measures or conservatory relief, the enforcement of an arbitration award, or as required by law.
(f) Fees
Payment of all filing, administration and Arbitrator fees will be governed by the AAA’s applicable consumer rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law or the Arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the Arbitrator.
You acknowledge that we may be irreparably damaged if these Terms are not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of these Terms by you, we will be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, or to a decree for specific performance of the provisions of these Terms. You agree that (notwithstanding Section 19) we may bring any action or proceeding with regard to such injunction restraining such breach or threatened breach in the courts of record of Hillsborough County, Florida. You consent to the exclusive jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. We may effect service of any court paper on you by mail or in such other manner as may be provided under applicable laws, regulations, rules of procedure or local rules.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold us harmless, and our corporate affiliates, independent contractors, service providers and consultants, and each of our and their respective directors, officers, members, managers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including attorneys’ fees) arising out of or related to: (a) any User Content you post, store or otherwise transmit on or through the App, including any actual or threatened suit, demand or claim arising out of or relating to the User Content; (b) your conduct or use of the App; (c) your violation or breach of these Terms; or (d) your violation of the rights of any third party.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. You may not assign these Terms or your rights to use all or any portion of the App without our prior written consent. No delay or omission by us to exercise any right or power under these Terms will impair any such right or power or be construed as a waiver thereof. A waiver by us in any one instance of any of the covenants, conditions, or agreements to be performed by you will not be construed as a waiver with respect to any succeeding instance in which the same provision may apply. The headings contained in these Terms are for convenience of reference only, are not to be considered a part of these Terms and will not limit or otherwise affect in any way its meaning or interpretation. These Terms are for the sole benefit of the parties and their respective permitted successors and permitted assigns and nothing herein, expressed or implied, is intended to or will confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of these Terms. These Terms represent the entire understanding and agreement between us and you with respect to the subject matter hereof, and supersede all other negotiations, understandings, and representations (if any) made by and between such parties, whether orally or in writing. For purposes of these Terms, the words “include,” “includes” and “including” are deemed to be followed by the words “without limitation”, and the word “or” is not exclusive.
If you have any questions or concerns about these Terms or the App, please contact us at innovate@digitaters.com.