Ability App – Terms of Use

These terms of use (as amended from time to time, the “Terms”) together with any supplemental rules and regulations, such as the Privacy Policy [insert hyperlink], govern your access to and use of the services available on the mobile application and the crowd sourced accessibility information website http://www.theabilityapp.com (collectively, the “App”) operated by Ability App, a Coeur Technologies company, with registered office in [Post Falls, 83877 ID, United States of America] (“Ability App” or “we”) (you and Ability App each a “party”; collectively “the parties”). Your access to the App and use of our services is subject to your compliance with these Terms. By accessing the App or using our services you accept the current version of these Terms. In case you do not agree to any part of the current version of these Terms, you are not authorized to continue using the App or related services.

 

The App is designed to help people with any type of disability (cognitive, hearing, vision and mobility) and caregivers find accessible public spaces, i.e. public locations, including businesses, around the world providing disability-friendly features that meet that individual’s own specific needs. We will not collect any personal data relating to the disabilities of our users and you agree to refrain from providing such data to us. For detailed information on the processing of personal data by us, please see our Privacy Policy.

 

Electronic Communications

By using our App or sending emails to Ability App, you engage in electronic communications with us. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the App, satisfy any requirement that such communications be in writing.

 

Your Account

If you use the App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Ability app is not responsible for third party access to your account that results from theft or misappropriation of your account. Ability App and its [associates] AWS Amazon Web Services, reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

 

Children Under Eighteen

You may not use our App if you are under the age of thirteen. If you are above thirteen but under the age of eighteen, you may use the App only if and to the extent consent is given or authorized by the holder of parental responsibility over yourself. 

 

Links to Third Party Content 

The App may contain links to third-party apps or websites or materials supplied by or contained on any third-party app or website which is linked from or to the App. Such apps, websites or materials are not under the control of Ability App and Ability App does not accept any responsibility or liability for (i) the availability or accuracy of such apps, websites or materials or (ii) the content, products or services on or available from such apps, websites or materials. Links to such apps, websites or materials are provided to you only as a convenience and do not imply any endorsement by Ability App of such apps, websites or materials or the content, products or services available from such apps, websites or materials or any association with its operators. You acknowledge sole responsibility for and assume all risks arising from your use of any such apps, websites or materials.

 

Third Party Services 

Certain services made available via the App are delivered by third party sites and organizations. By using any product, service or functionality originating from the App, you hereby acknowledge and consent that Ability App may share such information and data with any third party with whom Ability App has a contractual relationship to provide the requested product, service or functionality on behalf of the App users and customers. 

 

Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use our App strictly in accordance with these Terms. We do not grant you any licenses, express or implied, to the intellectual property of Ability App or our licensors except as expressly authorized by these Terms. As a condition of your use of the App, you warrant to Ability App that you will not use the App for any purpose that is unlawful or prohibited by these Terms or in furtherance of any illegal activities.You may not use the App in any manner which could damage, disable, overburden, or impair the App or interfere with any other party’s use and enjoyment of the App. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the App. 

 

All copyright, trademark, design, database right, patent and other intellectual property right, title, interest and knowhow in and to the App will remain the exclusive property of Ability App and its licensors. The elements of the App, including without limitation text, graphics, logos, images, as well as the compilation thereof, the general design and any software used are protected by copyright, trademark, design, database right, patent and other laws relating to intellectual property rights of both [the United States] and/or foreign countries. You do not acquire any ownership rights in any such protected content. You agree to observe and abide by and will not delete or alter any copyright and other proprietary rights or attribution notices, legends or other restrictions contained in the App and will not make any changes thereto. Absent our prior written consent, nothing in these Terms gives you a right to use the Ability App name or any of Ability App’s trademarks, logos, domain names or other distinctive brand features. You are not authorized to modify, reproduce, duplicate, copy, redistribute, publish, transmit, reverse engineer, sell, trade, resell or create derivative works of the App content or its design and look or any information derived from the App, or to reproduce, store, link, frame or deep-link it on any other App or in any other medium or format without our prior express written consent. You may use the App or any element thereof solely for your personal use and for no other use. In particular, you may not use the App or any element thereof for commercial exploitation in any circumstances. In case you breach the terms of this provision, Ability App will have the right to claim damages against you which shall include the right to claim direct, indirect or consequential damages and loss of profits.

 

Use of Communication Services

The App may contain bulletin board services, comments, photos, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents which you represent and warrant by uploading such files; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Always use caution when giving out any information about yourself or anyone else, particularly your children, in any Communication Service. Ability App does not control, monitor or endorse the content (i.e. any materials, messages or other information) found in any Communication Service and specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Ability App spokespersons, and their views do not necessarily reflect those of Ability App. Notwithstanding the foregoing, Ability App reserves the right to review the content posted to a Communication Service, to refuse to post, edit or remove any content, in whole or in part, in its sole discretion and to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Ability App further reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. 

 

Content uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload any content. 

 

Ability App does not claim ownership of the content you provide to the App (including feedback and suggestions) or post, upload, input or submit to any Ability App website [or our associated services] (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting a Submission you are granting Ability App, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name [selected user name] in connection with your Submission. 

 

By posting, uploading, inputting, providing or submitting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as to do so and to allow us the use of your Submission as described above. No compensation will be paid with respect to the use of your Submission, as provided herein. Ability App is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Ability App’s sole discretion.

 

International Users

The Service is controlled, operated and administered by Ability App from our offices within the USA. If you access Ability App from a location outside the USA, you are responsible for compliance with all applicable local laws, including those regarding online conduct and acceptable content. You agree that you will not use the App or any content accessed through the App in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Arbitration 

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.

 

The preceding provision regarding arbitration does not apply if you are a consumer based in the European Economic Area or Switzerland.

 

Class Action Waiver

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Ability App agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Changes to the App

THE FORM, NATURE AND FUNCTIONALITIES OF AND ANY INFORMATION CONTAINED IN THE APP MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE TO YOU. ALSO, WE MAY DISCONTINUE TEMPORARILY OR PERMANENTLY OPERATING THE APP OR ANY FEATURES WITHIN THE APP TOWARDS YOU OR TOWARDS USERS GENERALLY AT ANY TIME AND MAY NOT BE ABLE TO PROVIDE YOU WITH PRIOR NOTICE. WE ALSO RETAIN THE RIGHT TO CREATE LIMITS ON THE USE OF STORAGE AT OUR SOLE DISCRETION AT ANY TIME WITHOUT PRIOR NOTICE TO YOU.

 

No Representation or Warranty

ABILITY APP PROVIDES THE CONTENT AND FUNCTIONALITIES OF THE APP AND ANY PERSONAL DATA IN GOOD FAITH, BUT YOUR ACCESS TO AND USE OF THE APP IS AT YOUR OWN RISK. ABILITY APP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, RELIABILITY, QUALITY, AVAILABILITY ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS, TIMELINESS, AND ACCURACY OF THE INFORMATION, PERSONAL DATA, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ABILITY APP AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PERSONAL DATA, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS, OR THAT IT IS UP-TO-DATE OR FREE FROM VIRUSES, TROJANS OR OTHER HARMFUL OR MALICIOUS PROGRAMS.

 

No Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ABILITY APP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CORPORATE BODIES, SHAREHOLDERS, AGENTS, PARTNERS, AFFILIATES, LICENSORS AND SUPPLIERS BE LIABLE FOR ANY DECISIONS YOU MAY MAKE BASED ON THE USE OF THE APP OR CONSEQUENCES OF SUCH DECISIONS, EVEN IF COMMUNICATED THROUGH THE APP OR THE USE OF OTHER ABILITY APP SERVICES, OR FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR ANY OTHER DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR HARM TO YOUR COMPUTER SYSTEM OR LOSS OF USE, DATA, PERSONAL DATA, PROFITS OR GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, THE UNAUTHORIZED ACCESS, USE, DELETION OR ALTERATION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY DATA OR TRANSMISSIONS OF DATA, OR FOR ANY INFORMATION, PERSONAL DATA, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FORESEEABLE AND/OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Waiver of Claims and Indemnification

TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, YOU HEREBY WAIVE ANY CLAIM YOU MAY HAVE OR ACQUIRE AGAINST ABILITY APP AND ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, CORPORATE BODIES, SHAREHOLDERS, AGENTS, PARTNERS, AFFILIATES, SUPPLIERS, LICENSORS AND ANY THIRD PARTIES, AND WILL INDEMNIFY, DEFEND AND HOLD EACH OF THEM HARMLESS FROM ANY CLAIMS, PROCEEDINGS, COSTS, DAMAGES, LIABILITIES, LOSSES AND EXPENSES (INCLUDING REASONABLE ATTORNEY’S FEES) ARISING OUT OF OR IN CONNECTION WITH: YOUR USE OF OR INABILITY TO USE THE APP, SERVICES OR PERSONAL DATA; YOUR SUBMISSIONS; AND YOUR VIOLATION OF THESE TERMS, ANY RIGHTS OF A THIRD PARTY OR ANY APPLICABLE LAWS, RULES OR REGULATIONS. ABILITY APP RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL FULLY COOPERATE WITH ABILITY APP IN ASSERTING ANY AVAILABLE DEFENSES.

 

Sole Remedy

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH ANY PROVISION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

 

Termination/Access Restriction/Disclosure

Ability App reserves the right, in its sole discretion (but without having an obligation), to remove or refuse to compile any personal data and to terminate users or your access to the App and the related services or any portion thereof at any time, without notice. Accounts that are inactive for more than [6] months may be removed without prior notice. Ability App further reserves the right to access, read, preserve and disclose any information including personal data to the extent we deem it necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, or (iv) protect the rights, property or safety of Ability App, its users or the public. 

 

Applicable Law and Jurisdiction 

These Terms and the use of the App are governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in Idaho in all disputes arising out of or relating to these Terms or the use of the App. Use of the App is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. 

The preceding provision regarding governing law and venue does not apply if you are a consumer based in the European Economic Area or Switzerland. If you are a consumer based in the European Economic Area or Switzerland, the governing law and forum shall be the laws and courts of your place of residence. 

 

Miscellaneous 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ability App as a result of these Terms or use of the App. Ability App’s performance of these Terms is subject to existing laws and legal process, and nothing contained herein is in derogation of Ability App’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the App or information provided to or gathered by Ability App with respect to such use. 

 

If any provision of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, liability exclusions, waiver of claims and indemnification obligations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall remain in full force and effect.

Unless otherwise specified herein, these Terms, together with any supplemental rules and regulations, such as the Privacy Policy constitute the entire agreement between you and Ability App with respect to the App and they supersede and replace any prior agreements, contemporaneous communications and proposals, whether electronic, oral or written, between you and Ability App with respect to the App. To the extent permissible under applicable law, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that these Terms and all related documents be written in English.

 

Accuracy of information found within Ability App 

The information contained within Ability App is gathered from users of the application.  By using Ability App you agree that Coeur Technologies and it’s partners will not be held liable for any damages or complications that should arise out of inaccurate information contained within Ability App.

 

Reviews Completed of your own business/public space

If a business chooses to review a business or other public location that they have full or partial ownership of or vested interest therein; they must complete their reviews to the best of their ability with honesty and integrity.  Entities found on Ability App are not permitted to influence, or pay patrons/associates to post misleading positive reviews based on some sort of incentive put forth by the entity to be given to a patron/associate in exchange for a positive or favorable review.  Coeur Technologies and it’s partners will not be held liable for any damages or complications that should arise out of inaccurate information contained within Ability App written by individuals who own, manage, or otherwise work with or for an organization that they are completing a review of within Ability App.

 

Changes to these Terms

Ability App reserves the right, in its sole discretion, to change these Terms from time to time. The most current version of these Terms will be available on the App and supersede all previous versions. Ability App encourages you to periodically review these Terms to stay informed of changes. By continuing to access the App after any changes are made to these Terms, you agree to and accept to be bound by the revised Terms.

 

Contact Us

Ability App welcomes your questions or comments regarding these Terms:

Ability App

P.O. Box 2665

Post Falls, Idaho 83877

United States of America

Email: info@theabilityapp.com