CATAPULT CONSULTING, LLC
STAYFOCUSEDTERMS OF USE
Please read this carefully. These Terms of Use (”ToU”) form a binding agreement between you and Catapult Consulting, LLC, a limited liability company located in Alaska, United States of America. By using StayFocused (the “App”) and related services, including without limitation the StayFocused Customer Support Forum (the “Site”) and the image processing capability accessed through the App (together with the Site, the “Services”), you agree to be bound by these ToU. As used in these ToU, “Catapult” refers to Catapult Consulting, LLC together with any and all of its successors and assigns, employees, contractors, owners, and anyone claiming by or through it. As used in these ToU, “You” refers to you individually together with any and all of your successors and assigns, anyone on whose behalf or for whom you use the Services, and anyone claiming by or through you, and you represent and warrant that you have authority to bind all of these people and entities. In particular, if you are an employee or contractor of a company and you use the App or Services for that company, both you and the company are bound by these ToU and you affirm that you have authority to bind the company. In the event that you are a minor, You includes your parents or legal guardians, who agree to be bound to these ToU. PLEASE READ THESE TOU CAREFULLY BEFORE USING STAYFOCUSED OR THE RELATED SERVICES. BY USING STAYFOCUSED OR THE RELATED SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THESE TOU. IF YOU DO NOT AGREE TO THE TERMS OF THESE TOU, DO NOT INSTALL OR USE THE APP OR THE SERVICES. NOTE: The App and the Services may be used to reproduce, modify, publish, and distribute materials. The App and the Services are licensed to you only for reproduction, modification, publication, and distribution of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce, modify, publish, and distribute. As long as you comply with these ToU, Catapult grants you a limited, non-transferable, non-exclusive license to install and use the App and the Services for personal use. You may not distribute or make the App or Services available over a network where it could be used by multiple devices at the same time. You may not rent, lease, sell, lend, redistribute, or sublicense the App or the Services. Catapult reserves the right to modify, supplement, suspend, or discontinue the Services or any part of the Services, temporarily or permanently, with or without notice, at any time and from time to time. Catapult will not be liable to You or to any third party for any modification, supplementation, suspension, or discontinuance of the Services. You may not use the App or the Services unless you agree to these ToU, you are competent to enter into an agreement, and all of your representations and warranties are true at the time they are made. Although Catapult may permit or require You to signal Your assent to these ToU by clicking, electronically or physically signing, or in some other fashion, You agree that whether or not such action is permitted your continued use of the Services demonstrates your assent and agreement to be bound to these ToU. The App is a smartphone application for the recording and processing of photos. It interacts with the Services by sending information, including copies of photos together with identifying information, to an outside server for additional processing.
1. Privacy
a. Collection
The App may collect user information including: Information about the device on which the App is running, including its model, data usage, and data storage; A unique ID, assigned by the App to the device on which the App is running; Photos recorded using the App; Information about the photos recorded using the App, possibly including geolocation, timestamps, and other information recorded by the device; Information about your use of the App and the Services (for instance, the times when you utilize the App, diagnostic information about the performance of the App on your mobile device); Payment information provided by Apple. This information, or some of it, may also be collected by the Services. Furthermore, the App and Services may collect information you expressly and voluntarily provide, including consents, instructions, and order information. In addition, the Services (and particularly the Site) may collect information including: Information you provide to be used as security questions and answers; Your choices and selections during your use of the Site. In addition, Catapult may use “cookies” and other technology on the Site and through the Services to track your activity.
b. Use
The information collected by the App is used to provide the Services, and to track your use of the App and Services. It is also used to contact you for marketing purposes. As provided in these ToU, Catapult may use photos you have taken using the App and Services in its marketing and for other purposes.
c. Disclosures
Catapult will not sell or voluntarily transfer information it collects about you to any third-party, except as necessary or advisable to provide the App and Services to you, collect and process payment, or as otherwise provided in these ToU. From time to time, Catapult may make information it has collected about you, either individually or in the aggregate, to strategic partners who work with Catapult to provide products or services, or that help Catapult market. For example, when you order prints of photos through the App or Services, Catapult and the printing lab will exchange the photos and order information. Catapult may also disclose information about you to law enforcement personnel, in response to legal process, or if Catapult determines that disclosure is advisable to protect the interests of itself, any of its users, or to enforce these ToUs. In the event of a merger, reorganization, or sale Catapult may disclose information about you to a relevant third party.
d. Protection
Catapult makes no warranty of any kind that it will maintain the privacy of information you provide through your use of the App or the Services, or in order to use them. Information retained on your device is largely outside of Catapult’s control. Information stored by Catapult off of your device is kept on a server operated by Catapult but hosted by a third-party over which Catapult does not exert control. Catapult uses reasonable efforts to store information in an industry-accepted fashion, and information is transferred between the App and Catapult’s server using industry-standard SSL encryption. Catapult makes reasonable efforts to limit access to information to those authorized by Catapult to access it. But all computer systems can be breached, and Catapult makes no warranty or guaranty of any kind that your data cannot or will not be lost in the event of a breach.
e. Integrity and Retention
Catapult will retain your information for as long as Catapult deems it necessary in order to fulfill the purposes described in these ToU. As further described in these ToU, Catapult may retain images and image data indefinitely. Information retained on your device is largely outside of Catapult’s control, and you are responsible for the integrity and retention of that information. Catapult does not guaranty the availability, accuracy, completeness, reliability, or timeliness of any data. Because you do not have the ability to inspect the data retained by Catapult, there is no facility for you to modify or correct data that has been collected.
2. Consent to Use Data.
a. To Provide Services And For Diagnostics. You agree that Catapult and its agents may collect, maintain, process, and use the information collected by the App and the Services, including but not limited to unique system or hardware identifiers, and information about your mobile device or devices, in order to provide and improve the App and the Services and to verify compliance with these ToU.
b. For Marketing and Communication. You agree that Catapult may use information presented in images taken or processed with the App or the Services in order to improve its marketing and communications. As described below, Catapult may use the images themselves as examples of the capabilities of the App or Services. Prior to doing so, Catapult will make a reasonable effort to remove any data, including any personally identifying data, from the digital files used to store and represent the images. Nonetheless, the content of the images may itself reveal personally identifiable information about you or another person, and you expressly consent to the use of such images notwithstanding any such revelation.
3. Use of the App and Services
In general, Catapult does not collect information about you that would permit it to contact you, except through your use of the App. By utilizing the App or the Services to prepare or process images, you agree to grant to Catapult the license described below to use those images. If Catapult has contact information for you and knows that the images were made through your use of the App or the Services, Catapult will attempt to contact you prior to any such use.
a. Content and Digital Materials.
Title and intellectual property rights in and to any content displayed by or accessed through the App or the Services belong to the respective content owner. Such content may be protected by copyright or other intellectual property laws and treaties, and may be subject to terms of use of third parties.
b. Features and Support.
Use of some features of the App may depend on features of your mobile device. Use of the App and the Services may result in images that are lower quality than anticipated. It may also result in data loss: receiving a new copy of a processed image through the Services may overwrite a version of the image on your mobile device.
c. Acceptable Use.
The App and Services are to be used in the manner and for the purposes described in the Apple App Store description of the App. Special terms apply to your entry to and use of the Site, described in Section 4, below.
?. No Reverse Engineering.
You may not yourself, nor may you permit others to, copy (except as expressly permitted in these ToU), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the App or the Services or any part of either, except as and only to the extent that such a restriction is prohibited by law.
d. Third Party Software.
Catapult may provide access to third party software or services as part of your use of the App or Services. Catapult has no obligation to provide you with any technical or other support for such software or services.
e. System Requirements.
The App will not work, and is not supported, on all mobile devices. The Services require Internet access and are subject to additional fees.
f. Ownership of Images and Copyrights.
You represent and warrant that you own all rights in the images you take, cause to be taken, produce, cause to be produced, or cause to be processed in or through the App or the Services, and that neither such content nor the use or uploading of such content will violate any of these ToU, any law, or any other agreement to which you or Catapult is subject. You agree that the App and Services contain proprietary content, information, and material owned by Catapult and third parties and is protected by copyright or other intellectual property laws. You will not use any such proprietary content, information, or materials other than for permitted use of the App or the Services. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the App or the Services.
g. Inappropriate Use.
You will not use or exploit the App or the Services in any unauthorized way whatsoever, including without limitation using the App or Services to compose or transmit any computer viruses or other malware, or to trespass or deliberately burden network capacity. You will not use the App or the Services in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violated the rights of any other party. Catapult is no in any way responsible for your use or misuse of the App or the Services, or for the use or misuse of the App or the Services by any other user.
4. Use of the Site.
a. Responsibility for Content. Catapult makes no attempt to pre-screen content submitted to the Services, and specifically makes no attempt to pre-screen comments or content submitted to the Site. Views expressed on the Site are not endorsed by Catapult, and in many cases are not shared by Catapult. Catapult retains the right, but not the responsibility, to edit or remove any submission to the Site, including any submission Catapult deems to be offensive, or believes to be in violation of these ToU. Catapult will make good faith efforts to investigate allegations that submissions to the Site violate these ToU but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any submission whatsoever.
b. Catapult Involvement. Catapult intends that the Site will be a forum for the vibrant exchange of information and experiences concerning the App and the Services, and for users to support one another as a community. Catapult may respond to questions on the Site, but does not formally provide any technical support on or through the Site. Any information or advice provided on the Site, whether or not by Catapult, is offered on an “AS IS” basis without warranties of any kind.
c. Supplemental Privacy Policy. In order to submit content to the Site, each user must have a unique username and password combination (the “Site ID”). The Site ID, along with the data provided by you in order to obtain a Site ID, are collected and retained by Catapult in compliance with the policy set forth in Section 1.
d. License to Use and Publish. By submitting content to the Site, you forever and irrevocably grant to Catapult a worldwide, royalty-free, perpetual, non-exclusive right and license to copy, modify, use, translate, publish, distribute, perform, make available, and create derivative works from your submission for any purpose. You expressly grant to Catapult a non-exclusive license granting all copyright and publicity rights with respect to the submission.
e. Interference. You agree to not interfere with or disrupt the operation of the Site, the App, or the Services.
f. Acceptable Submissions. Any content you submit to the Site must comply with the following guidelines. Not all content that complies with these guidelines will be acceptable, and Catapult may choose to remove or not publish content for any reason or no reason at all. The guidelines are:
1. Stay on topic.
2. Be polite. Do not make statements that taunt or are arbitrarily inflammatory. Statements that are libelous, defamatory, indecent, harmful, harassing, intimidating, threatening, hateful, discriminatory, abusive, vulgar, obscene, pornographic, sexually explicit, or appear to be intended to offend members of particular racial, cultural, sexual, or ethnic groups violate these ToU.
3. Be constructive. Where possible, your submission should either be a request for assistance or an attempt to offer assistance.
4. Do not post polls, petitions, or links to either.
5. Do not advertise. Do not attempt to use the Site to sell or market your own products or services. Do not post a URL unless it leads to content that will specifically raise or address a user’s (topical!) submission. If you will receive any compensation or benefit from your posting of a link or from clicks through or on the link, you must disclose the existence of the compensation in your post.
6. No inappropriate names. Do not choose a screen name that is offensive or would violate these ToU if submitted as content to the Site. Do not choose a screen name that appears to impersonate another, whether living, dead, or fictional. Do not choose a screen name that contains a website name or URL, email address, or domain.
7. Do not break the law. Do not post content that is intended to commit or promote illegal conduct. Do not submit content that would circumvent digital rights management. Do not defame.
8. Do not reveal any personal information in any submission.
g. Minority. You must be at least 13-years-old in order to post a submission to the Site. Minors must have the permission of their parent or legal guardian in order to post a submission to the Site.
5. Termination.
The license provided under these ToU is effective until terminated. Your rights will terminate immediately and automatically or otherwise cease to be effective without notice from Catapult if you fail to comply with any term of these ToU. Upon the termination of your license provided under these ToU, you will immediately cease to use the App and the Services, and will destroy all copies, full or partial, of the App.
6. Disclaimer of Warranties.
a. You may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you.
b. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE APP AND ANY SERVICES PERFORMED BY OR ACCESSED THROUGH THE APP, INCLUDING WITHOUT LIMITATION THE SERVICES, IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CATAPULT AND CATAPULT'S LICENSORS (COLLECTIVELY REFERRED TO AS "CATAPULT" FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CATAPULT DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP OR SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT THE APP OR SERVICES WILL BE CORRECTED, OR THAT THE APP WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. INSTALLATION OF APP MAY AFFECT THE USABILITY OF THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. YOU FURTHER ACKNOWLEDGE THAT THE APP AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE APP OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CATAPULT OR ANY PERSON ALLEGING TO SPEAK OR ACT ON CATAPULT’S BEHALF SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability.
a. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CATAPULT BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE APP AND SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF CATAPULT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
b. In no event shall Catapult’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount you paid for the App and the Services. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
8. Export Control. The App and Services employ cryptography that may be export restricted. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction(s) in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App or the Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App or the Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
9. Controlling Law and Severability.
These ToU will be governed by and construed in accordance with the laws of the State of Alaska, excluding its conflict of law principles. These ToU shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of these ToU shall continue in full force and effect.
10. Complete Agreement; Governing Language.
These ToU constitute the entire agreement between you and Catapult relating to the App and the Services, and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these ToU will be binding unless in writing and published by Catapult on the StayFocused website or in the Apple AppStore. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern, to the extent not prohibited by local law in your jurisdiction.