End User License Agreement
Draft pending attorney review. Do not rely on this version.
This End User License Agreement (the "EULA") is between Orbit Pool Software ("Orbit", "we", "us") and you, the person who installs or uses the Orbit mobile app (the "App"). It covers the App on iPhone, iPad and Android. If you use the App as a technician, supervisor or owner of a pool service company that has an Orbit account (the "Company"), the Company's use of Orbit is governed separately by our Terms of Service; this EULA governs your use of the App itself. By installing or using the App you agree to this EULA. If you do not agree, do not use the App.
1. License
Orbit grants you a personal, limited, non-exclusive, non-transferable, revocable license to install and use the App on a mobile device you own or control, solely to use the Orbit service through a login that a Company has issued to you. The App is licensed, not sold.
2. What you may not do
You may not: copy, modify or create derivative works of the App; reverse engineer, decompile or disassemble it except where the law allows this regardless of this term; sell, rent, lease, sublicense or redistribute it; remove any proprietary notice; use it to access another company's data or any part of the service you are not authorized to use; use it to build a competing product; or use it in any unlawful way.
3. Your login and the Company's data
Your login belongs to the Company that issued it. The Company controls what you can see and do in the App, and can deactivate your login at any time. Records you create in the App, including visits, chemical readings, photos, time clock entries and messages, are the Company's business records and may be viewed by the Company's owner and the supervisors it has authorized. Keep your login confidential and tell the Company promptly if you believe it has been compromised.
4. Your information
How we collect and handle your personal information, including your name, email address and the records you create in the App, is described in the Privacy Policy. The App does not track your device's location in the background. Records you make without signal are stored on the device until they are sent and are removed from the device when you sign out.
5. Updates
Orbit may update the App from time to time, including updates delivered automatically through the app store or over the air. Some updates may be required to keep using the App. We may change or discontinue features with reasonable notice.
6. Ownership
The App, its design, code and content are owned by Orbit and protected by copyright and other intellectual property laws. Nothing in this EULA transfers any ownership to you.
7. Termination
This EULA is in effect until terminated. It ends automatically if you breach it, if the Company deactivates your login, or if you uninstall the App. Orbit may terminate it at any time with notice. On termination, stop using the App and delete it from your devices. Sections 6, 8, 9 and 11 survive termination.
8. Disclaimer
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Chemical readings and doses are recorded as you enter them and are not verified by the App; the App does not give chemical dosing advice.
9. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM OR RELATED TO THE APP. ORBIT'S TOTAL LIABILITY TO YOU UNDER THIS EULA IS LIMITED TO FIFTY US DOLLARS.
10. App store terms
If you obtained the App from the Apple App Store, the following also applies. This EULA is between you and Orbit only, not Apple. Apple is not responsible for the App or its content. Orbit, not Apple, is solely responsible for maintenance and support of the App, for any product warranty, for addressing any claim by you or a third party relating to the App (including product liability, legal or regulatory compliance and consumer protection claims), and for the investigation, defense and settlement of any claim that the App infringes a third party's intellectual property. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price, if any; Apple has no other warranty obligation. You represent that you are not located in a country subject to a US government embargo or designated as a terrorist-supporting country, and that you are not on any US government list of prohibited or restricted parties. You must comply with any applicable third-party terms when using the App. Apple and its subsidiaries are third-party beneficiaries of this EULA and may enforce it against you. The license is limited to use on Apple-branded products that you own or control, as permitted by the App Store Terms of Service.
If you obtained the App from Google Play, your use is also subject to the Google Play Terms of Service. Google is not a party to this EULA and is not responsible for the App.
11. Governing law
This EULA is governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in California, and both parties consent to their jurisdiction.
12. Changes
We may update this EULA. If a change is material, we will give notice in the App or by email before it takes effect. The "Last updated" date above shows the current version.
13. Contact
Orbit Pool Software
Email: support@orbitpoolsoftware.com