Makoro Terms of Service

Published: December 18, 2022

Effective: December 26, 2022

The Makoro Services Agreement is an agreement between you and CodeData (or one of its affiliates) that governs your use of Makoro services.

Summary of Arbitration Provisions

This agreement contains binding arbitration and class action waiver terms that apply to U.S. residents. You and we agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 15 for details.

IF YOU LIVE IN (OR YOUR PRINCIPAL PLACE OF BUSINESS IS IN) THE UNITED STATES, PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 15. IT AFFECTS HOW DISPUTES ARE RESOLVED.

These terms (“Terms”) cover the use of those CodeData products, websites, and services listed at the end of these Terms (the “Services”). You accept these Terms by creating a Makoro account, through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms.

1. Your Privacy.Your privacy is important to us. Please read the CodeData Privacy Policy (the “Privacy Statement“) as it describes the types of data we collect from you, how we use your Data, and the legal bases we have to process your Data.
2. Code of Conduct.

• By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
  • Don’t do anything illegal.
  • Don’t engage in any activity that exploits, harms, or threatens to harm children.
  • Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages, or similar electronic communications.
  • Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence, or criminal activity).
  • Don’t engage in activity that is fraudulent, false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
  • Don’t circumvent any restrictions on access to or availability of the Services.
  • Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech, or advocating violence against others).
  • Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of maps, or photographs).
  • Don’t engage in activity that violates the privacy of others.
  • Don’t help others break these rules.
• Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your Makoro account. We may also block delivery of a communication (like email, file sharing or instant message) to or from the Services to enforce these Terms.

4. Using the Services & Support.

• Makoro account. You’ll need a Makoro account to access many of the Services. Your Makoro account lets you sign into products and services provided by CodeData and some CodeData partners.
  • Creating an Account. You can create a Makoro account by signing up online. You agree not to use any false, inaccurate or misleading information when signing up for your Makoro account. If you received your Makoro account from a third party, the third party may have additional rights over your account, like the ability to access or delete your Makoro account. Please review any additional terms the third party provided you, as CodeData has no responsibility regarding these additional terms. If you create a Makoro account on behalf of an entity, such as your business, you represent that you have the legal authority to bind that entity to these Terms. You cannot transfer your Makoro account credentials to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your Makoro account.
  • Closing Your Account.
    • You can cancel specific Services or close your Makoro account at any time and for any reason. To close your Makoro account, please visit the Makoro Product Page. Please see section 4.a.iv.2 below for an explanation as to what happens when your Makoro account is closed.
    • If your Makoro account is closed (whether by you or us), a few things happen. First, your right to use the Makoro account to access the Services stops immediately. Second, we’ll delete Data or Content associated with your Makoro account or will otherwise disassociate it from you and your Makoro account (unless we are required by law to keep it, return it, or transfer it to you or a third party identified by you).
• Additional Equipment/Data Plans. To use many of the Services, you’ll need an internet connection and/or data/cellular plan. You are responsible for providing all connections, plans, and equipment needed to use the Services.
• Service Notifications. When there’s something we need to tell you about a Service you use, we’ll send you Service notifications. If you gave us your email address or phone number in connection with your Makoro account, then we may send notifications to you via email or via SMS (text message), including verifying your identity before registering your mobile phone number. We may also send you notifications by other means (for example by in-product messages). Data or messaging rates may apply when receiving notifications via SMS.
• Support.  Makoro™ Services offer customer support, subject to the terms outlined in the Makoro Support Agreement unless otherwise specified. Support may not be available for preview or beta versions of features or Services.
• Ending your Services. If your Services are canceled (whether by you or us), first your right to access the Services stops immediately and your license to the software related to the Services ends. Second, we’ll delete Data or Content associated with your Service or will otherwise disassociate it from you and your Makoro account (unless we are required by law to keep it, return it, or transfer it). As a result, you may no longer be able to access any of the Services (or Your Content that you’ve stored on those Services).

6. Service Availability.

• Makoro Services may be unavailable from time to time, maybe offered for a limited time, or may vary depending on your region. If you change the location associated with your Makoro account, you may need to re-acquire the applications that were available to you and paid for in your previous region.
• We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and CodeData is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve the content or Data that you’ve stored.

7. Updates to the Services or Software, and Changes to These Terms.

• We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your Makoro account and, if you are a parent or guardian, help your minor child close his or her Makoro account.
• Sometimes you’ll need software updates to keep using the Services. We may automatically check your version of the software and download software updates or configuration changes. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. CodeData isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system or device for which you purchased or licensed the software, apps, content or other products.
• Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14.j), or applications previously purchased. We may release the Services or their features in a preview or beta version, which may not work correctly or in the same way the final version may work.

8. Software License.Unless accompanied by a separate CodeData license agreement, any software provided by us to you as part of the Services is subject to these Terms.

• If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. For certain devices, such software may be pre-installed for your personal, non-commercial use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by CodeData. Notices, if any, for the third-party code are included for your information only.
• The software is licensed, not sold, and CodeData reserves all rights to the software not expressly granted by CodeData, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
  • i. circumvent or bypass any technological protection measures in or relating to the software or Services;
  • ii. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
  • iii. separate components of the software or Services for use on different devices;
  • iv. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless CodeData expressly authorizes you to do so;
  • v. transfer the software, any software licenses, or any rights to access or use the Services;
  • vi. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;

9. Payment Terms.If you purchase a Service, then these payment terms apply to your purchase and you agree to them.

• • Charges. If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your Makoro account was registered. We may suspend or cancel the Services if we do not receive an on-time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content. Connecting to the Internet via a corporate or other private network that masks your location may cause charges to be different from those displayed for your actual location.
  • Your Billing Account. To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the Makoro Profile page. Additionally, you agree to permit CodeData to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
  • Billing. By providing CodeData with a payment method, you (i) represent that you are authorized to use the payment method you provided and that any payment information you provide is true and accurate; (ii) authorize CodeData to charge you for the Services or available content using your payment method; and (iii) authorize CodeData to charge you for any paid feature of the Services you choose to sign up for or use while these Terms are in force. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
  • Recurring Payments. When you purchase the Services on a subscription basis, you agree that you are authorizing recurring payments, and payments will be made to CodeData by the method and at the recurring intervals you have agreed to, until the subscription for that Service is terminated by you or by CodeData. You must cancel your Services before the next billing date to stop being charged to continue your Services. We will provide you with instructions on how you may cancel the Services. By authorizing recurring payments, you are authorizing CodeData to store your payment instrument and process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (for Automated Clearing House or similar payments), or as charges to your designated account (for credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, CodeData or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and process any such payment as an Electronic Payment.
  • Online Statement and Errors. CodeData will provide you with an online billing statement, where you can view and print your statement. This is the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If CodeData has identified a billing error, we will correct that error within 90 days.
  • Refund Policy. Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that CodeData has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply.
  • Canceling the Services. You may cancel a Service at any time, with or without cause. Cancelling paid Services stops future charges to continue the Service. To cancel a Service and request a refund, if you are entitled to one, email us at support@codedata.io. You should refer to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; and (iv) you may lose access to and use of your account when you cancel the Services. We will process your Data as described above in section 4. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled. If you initiate a chargeback or reversal with your bank for your payment of Services, we will deem you to have canceled as of the date that the original payment was made, and you authorize us to immediately cancel your service and/or revoke any content that was provided to you in exchange for such payment.
  • Trial-Period Offers. If you are taking part in any trial-period offer, you may be required to cancel the trial Service(s) within the timeframe communicated to you when you accepted the offer in order to avoid being charged to continue the Service(s) at the end of the trial period.
  • Price Changes. We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email, or other reasonable manner, at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
  • Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may reduce the payment to you without notice to adjust for any previous overpayment.
  • Bank Account Payment Method. You may register an eligible bank account with your CodeData account to use it as a payment method. Eligible bank accounts include accounts held at a financial institution capable of receiving direct debit entries (e.g., a United States-based financial institution that supports automated clearing house (“ACH“) entries). Terms you agreed to when adding your bank account as a payment method in your CodeData account (e.g., the “mandate” in the case of SEPA) also apply. You represent and warrant that your registered bank account is held in your name or you are authorized to register and use this bank account as a payment method. By registering or selecting your bank account as your payment method, you authorize CodeData (or its agent) to initiate one or more debits for the total amount of your purchase or subscription charge (in accordance with the terms of your subscription service) from your bank account (and, if necessary, initiate one or more credits to your bank account to correct errors, issue a refund or similar purpose), and you authorize the financial institution that holds your bank account to deduct such debits or accept such credits. You understand that this authorization will remain in full force and effect until you remove your bank account information from your CodeData account. Contact customer support as outlined above in section 4.e as soon as possible if you believe you have been charged in error. Laws applicable in your country may also limit your liability for any fraudulent, erroneous or unauthorized transactions from your bank account. By registering or selecting a bank account as your payment method, you acknowledge that you have read, understand and agree to these Terms.

10. Contracting Entity, Choice of Law, Jurisdiction. For all other Services, you’re contracting with CodeData Inc, 4695 Chabot Dr, #200B, Pleasanton, CA 94588, U.S.A.
11. Choice of Law and Place to Resolve Disputes.If you live in (or, if a business, your principal place of business is in) the United States, the laws of the state where you live (or, if a business, where your principal place of business is located) govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Contra Costa County, California, for all disputes arising out of or relating to these Terms or the Services that are not heard in arbitration or small claims court.
12. Warranties. CODEDATA, AND OUR AFFILIATES, RESELLERS, DISTRIBUTORS, AND VENDORS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, GUARANTEES OR CONDITIONS WITH RESPECT TO YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND THAT WE PROVIDE THE SERVICES ON AN “AS IS” BASIS “WITH ALL FAULTS” AND “AS AVAILABLE.” YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. CODEDATA DOESN’T GUARANTEE THE ACCURACY OR TIMELINESS OF THE SERVICES. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, WE EXCLUDE ANY IMPLIED WARRANTIES, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DO NOT GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON’T OCCUR, NOR DO WE GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE COMPUTER NETWORKS.
13. Limitation of Liability. If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from CodeData or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive.These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.

Makoro.

• Functionality and Content. Makoro is CodeData’s Insights and Recommendations Solution. The features, services and content provided by Makoro (collectively “Makoro™ Services”) Makoro™ provides a range of features, some of which are personalized.
• Software Updates. We may automatically check your version of Makoro software and download software updates or configuration change or require any manufacturers of Makoro enabled devices to keep the Makoro software up to date.

1. Binding Arbitration and Class Action Waiver If You Live In (or, If a Business, Your Principal Place of Business Is In) the United States.We hope we never have a dispute, but if we do, you and we agree to try for 60 days, upon receipt of a Notice of Dispute, to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, requests for public injunctions, and any other proceeding or request for relief where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes CodeData and CodeData’s affiliates.
   1. Disputes Covered—Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your CodeData account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
   2. Send a Notice of Dispute Before Arbitration. If you have a dispute that our customer service representatives can’t resolve and you wish to pursue arbitration, you must first send an individualized Notice of Dispute to CodeData Inc, ATTN: Customer Arbitration, 4695 Chabot Dr., #200B, CA 94588, U.S.A., or submit the form electronically.  Complete that form in full, with all the information it requires. We’ll do the same if we have a dispute with you. This Notice of Dispute is a prerequisite to initiating any arbitration. Any applicable statute of limitations will be tolled from the date of a properly submitted individualized Notice of Dispute through the first date on which an arbitration may properly be filed under this section 15.
   3. Small Claims Court Option. Instead of sending a Notice of Dispute, either you or we may sue the other party in small claims court seeking only individualized relief, so long as the action meets the small claims court’s requirements and remains an individual action seeking individualized relief. The small claims court must be in your county of residence (or, if a business, your principal place of business).
   4. Arbitration Procedure. The AAA will conduct any arbitration under its Commercial Arbitration Rules (or if you are an individual and use the Services for personal or household use, or if the value of the dispute is less than $75,000 whether or not you are an individual or how you use the Services, its Consumer Arbitration Rules).  In a dispute involving $25,000 or less, any hearing will be telephonic or by videoconference unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in your county of residence (or, if a business, your principal place of business). The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim, but not relief that would affect non-parties.
   5. Rejecting Future Arbitration Changes. You may reject any change we make to section 15 (except address changes) by personally signing and sending us notice within 30 days of the change by U.S. Mail to the address above. If you do, the most recent version of section 15 before the change you rejected will apply.
   6. Severability. If, after exhaustion of all appeals, a court finds any part of this section 15 unenforceable as to any claim or request for a remedy, then the parties agree to arbitrate all claims and remedies subject to arbitration before litigating in court any remaining claims or remedies (such as a request for a public injunction remedy, in which case the arbitrator issues an award on liability and individual relief before a court considers that request). Otherwise, if any other part of section 15 is found to be unenforceable, the remainder will remain in effect (with an arbitration award issued before any court proceeding begins).
2. Miscellaneous.This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 15, 18 and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and CodeData for your use of the Services. It supersedes any prior agreements between you and CodeData regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. Section 15.g says what happens if parts of section 15 (arbitration and class action waiver) are found to be unenforceable. Section 15.g prevails over this section if inconsistent with it. Except for section 15 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for CodeData’s successors and assigns.
3. Reservation of Rights and Feedback.Except as expressly provided under these Terms, CodeData does not grant you a license or any other rights of any type under any patents, know-how, copyrights, trade secrets, trademarks or other intellectual property owned or controlled by CodeData or any related entity, including but not limited to any name, trade dress, logo or equivalents. If you give to CodeData any idea, proposal, suggestion or feedback, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Feedback“), you give to CodeData, without charge, royalties or other obligation to you, the right to make, have made, create derivative works, use, share and commercialize your Feedback in any way and for any purpose. You will not give Feedback that is subject to a license that requires CodeData to license its software, technologies or documentation to any third party because CodeData includes your Feedback in them.

STANDARD APPLICATION LICENSE TERMS FOR MAKORO™ APPLICATIONS OFFERED IN THE UNITED STATES

These license terms are an agreement between you and the application publisher. Please read them. They apply to the Makoro™ services, including any updates or supplements for the services, unless the services come with separate terms, in which case those terms apply.

BY USING THE APPLICATION, OR ATTEMPTING TO DO ANY OF THESE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, YOU HAVE NO RIGHT TO AND MUST NOT USE THE APPLICATION.

If you comply with these license terms, you have the rights below.

• INTERNET-BASED SERVICES.
  • a. Consent for Internet-based or wireless services. If the application connects to computer systems over the Internet, which may include via a wireless network, using the application operates as your consent to the transmission of standard device information (including but not limited to technical information about your device, system, and application software, and peripherals) for Internet-based or wireless services. If other terms are presented in connection with your use of services accessed using the application, those terms also apply.
  • b. Misuse of Internet-based services. You may not use any Internet-based service in any way that could harm it or impair anyone else’s use of it or the wireless network. You may not use the service to try to gain unauthorized access to any service, data, account, or network by any means.
• SCOPE OF LICENSE. The application is licensed, not sold. This agreement only gives you some rights to use the application. If CodeData disables the ability to use the applications on your devices pursuant to your agreement with CodeData, any associated license rights will terminate. The application publisher reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the application only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the application that only allow you to use it in certain ways. You may not:
  • a. Work around any technical limitations in the application.
  • b. Reverse engineer, decompile, or disassemble the application, except and only to the extent that applicable law expressly permits, despite this limitation.
  • c. Make more copies of the application than specified in this agreement or allowed by applicable law, despite this limitation.
  • d. Publish or otherwise make the application available for others to copy.
  • e. Rent, lease, or lend the application.
  • f. Transfer the application or this agreement to any third party.
• DOCUMENTATION. If documentation is provided with the application, you may copy and use the documentation for personal reference purposes.
• TECHNOLOGY AND EXPORT RESTRICTIONS. The application may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the application. These laws include restrictions on destinations, end users, and end use.
• SUPPORT SERVICES. Contact the application publisher to determine if any support services are available. CodeData, your hardware manufacturer and your wireless carrier (unless one of them is the application publisher) aren’t responsible for providing support services for the application.
• ENTIRE AGREEMENT. This agreement, any applicable privacy policy, any additional terms that accompany the application, and the terms for supplements and updates are the entire license agreement between you and application publisher for the application.
• APPLICABLE LAW.
  • a. United States. If you acquired the application in the United States, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of laws principles.
  • b. Outside the United States and Canada. If you acquired the application in any other country, the laws of that country apply.
• LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
• DISCLAIMER OF WARRANTY. The application is licensed “as is,” “with all faults,” and “as available.” You bear the entire risk as to its quality, safety, comfort, and performance. Should it prove defective, you assume the entire cost of all necessary servicing or repair. The application publisher, on behalf of itself, CodeData, wireless carriers over whose network the application is provided, and each of our respective affiliates, vendors, agents, and suppliers (“Covered Parties”), gives no express warranties, guarantees, or conditions in relation to the application. You may have additional consumer rights under your local laws that this agreement can’t change. To the extent permitted under your local laws, Covered Parties exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, safety, comfort, and non-infringement. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you download the application.
• LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the application publisher only direct damages up to the amount you paid for the application or $1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including lost profits and consequential, special, direct, indirect, or incidental damages, from the application publisher.

This limitation applies to:

• Anything related to the application or services made available through the application; and
• Claims for breach of contract, warranty, guarantee or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.

It also applies even if:

• This remedy doesn’t fully compensate you for any losses; or
• The application publisher knew or should have known about the possibility of the damages.

The following products, apps and services are covered by the Makoro Services Agreement, but may not be available in your market.

• Makoro