Introduction
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("End User," "you," or "your") and Terrapin, LLC ("Terrapin Lab," "Licensor," "we," "us," or "our") for the use of our mobile applications, including SiteScope, Draftly, Hark, and Shush Baby (each an "Application" and collectively, the "Applications" or "Licensed Applications").
By downloading, installing, accessing, or using any of our Applications, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, access, or use the Applications.
Acknowledgment
By accepting this EULA, you acknowledge that you have read, understood, and agree to be bound by its terms. This EULA may be updated from time to time, and your continued use of the Applications constitutes acceptance of any modifications.
Scope of License
Grant of License
Subject to the terms of this EULA, Terrapin Lab grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:
- Download, install, and use the Applications on compatible devices that you own or control
- Access and use the Applications solely for your personal, non-commercial purposes
- Receive updates and enhancements to the Applications as they become available
License Restrictions
You expressly agree NOT to:
- Copy, reproduce, or duplicate the Applications or any portion thereof
- Modify, adapt, translate, or create derivative works based on the Applications
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Applications
- Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices
- Rent, lease, lend, sell, redistribute, or sublicense the Applications
- Use the Applications for any commercial purpose or for the benefit of any third party
- Use the Applications in any unlawful manner or in violation of applicable laws or regulations
- Use the Applications to transmit malware, viruses, or any other harmful code
- Interfere with or disrupt the integrity or performance of the Applications or related services
- Attempt to gain unauthorized access to any systems or networks connected to the Applications
Intellectual Property Rights
The Applications and all associated intellectual property rights are and shall remain the exclusive property of Terrapin Lab and its licensors. This includes but is not limited to:
- Software code, algorithms, and architecture
- User interface designs and graphics
- Text, images, audio, video, and other content
- Trademarks, service marks, logos, and trade names
- Patents, copyrights, trade secrets, and other proprietary information
This EULA does not grant you any ownership rights to the Applications. All rights not expressly granted to you are reserved by Terrapin Lab.
User Data and Privacy
Your use of the Applications is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using the Applications, you consent to the collection and use of your information as described in our Privacy Policy.
You retain all rights to any content, data, or information you create, upload, or store using the Applications ("User Data"). You grant Terrapin Lab a license to use, process, and store your User Data solely for the purpose of providing and improving the Applications.
Updates and Maintenance
Terrapin Lab may from time to time provide updates, upgrades, patches, or enhancements to the Applications ("Updates"). Updates may be automatically downloaded and installed without prior notice to you. You acknowledge that Terrapin Lab has no obligation to provide any Updates or to continue to provide or support the Applications.
This EULA shall apply to all Updates unless such Update is accompanied by a separate license agreement, in which case the terms of that license agreement will govern.
Subscription and In-App Purchases
Certain features of the Applications may be offered through subscriptions or in-app purchases. By making such purchases, you agree to the following:
Payment Terms
- All fees are charged in U.S. dollars unless otherwise specified
- Payment will be charged to your iTunes Account, Google Play Account, or other payment method at confirmation of purchase
- Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
- Your account will be charged for renewal within 24 hours prior to the end of the current period
- You may manage your subscriptions and turn off auto-renewal in your account settings
Refund Policy
All sales are final. Refunds are subject to the policies of the Apple App Store, Google Play Store, or other platform through which you purchased the Application. Terrapin Lab does not provide refunds directly.
Third-Party Services
The Applications may integrate with or provide access to third-party services, content, or resources. Terrapin Lab does not control, endorse, or assume responsibility for any third-party services. Your use of third-party services is governed by their respective terms and conditions and privacy policies.
You acknowledge and agree that Terrapin Lab shall not be liable for any damage or loss caused by your use of or reliance on any third-party services.
Disclaimers and Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATIONS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TERRAPIN LAB DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Warranties of merchantability, fitness for a particular purpose, and non-infringement
- Warranties that the Applications will be uninterrupted, error-free, secure, or free from viruses or other harmful components
- Warranties regarding the accuracy, reliability, or completeness of any content or information provided through the Applications
- Warranties that defects will be corrected or that the Applications will meet your requirements
YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF THE APPLICATIONS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATIONS IS TO STOP USING THEM.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TERRAPIN LAB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATIONS, INCLUDING BUT NOT LIMITED TO:
- Loss of profits, revenue, or business opportunities
- Loss of data or information
- Loss of privacy or security breaches
- Personal injury or property damage
- Emotional distress or reputational harm
- Cost of substitute goods or services
IN NO EVENT SHALL TERRAPIN LAB'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TERRAPIN LAB FOR THE APPLICATIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless Terrapin Lab and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:
- Your use or misuse of the Applications
- Your violation of this EULA or any applicable laws or regulations
- Your violation of any third-party rights, including intellectual property rights
- Your User Data or any content you submit through the Applications
Term and Termination
Term
This EULA is effective from the date you first download, install, or use the Applications and continues until terminated by either party.
Termination by You
You may terminate this EULA at any time by deleting the Applications from all your devices and ceasing all use of the Applications.
Termination by Terrapin Lab
Terrapin Lab may terminate this EULA immediately without notice if you breach any term of this Agreement. Upon termination, you must immediately cease all use of the Applications and delete all copies from your devices.
Effect of Termination
Upon termination, all rights granted to you under this EULA will immediately cease. Sections of this EULA that by their nature should survive termination shall survive, including but not limited to provisions regarding intellectual property, disclaimers, limitations of liability, and dispute resolution.
Export Compliance
The Applications may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations. You represent and warrant that you are not located in a country subject to a U.S. government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. government list of prohibited or restricted parties.
U.S. Government Rights
If you are a U.S. government entity, the Applications are "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in this EULA.
Dispute Resolution
Governing Law
This EULA shall be governed by and construed in accordance with the laws of the United States and the state in which Terrapin Lab is registered, without regard to conflict of law principles.
Arbitration
Any dispute, claim, or controversy arising out of or relating to this EULA shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the state where Terrapin Lab is registered. Judgment on the arbitration award may be entered in any court having jurisdiction.
Class Action Waiver
You agree that disputes will be resolved on an individual basis and not as part of a class, consolidated, or representative action. You waive your right to participate in any class action lawsuit.
Apple App Store Additional Terms
If you downloaded the Applications from the Apple App Store, you acknowledge and agree to the following additional terms:
- This EULA is between you and Terrapin Lab only, not with Apple Inc. ("Apple")
- Apple has no obligation to provide maintenance or support services for the Applications
- In the event of any failure of the Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the Applications
- Apple is not responsible for addressing any claims relating to the Applications or your possession or use of the Applications
- Apple is a third-party beneficiary of this EULA and has the right to enforce this EULA against you
Google Play Store Additional Terms
If you downloaded the Applications from Google Play, you acknowledge and agree that this EULA is between you and Terrapin Lab only, not with Google LLC ("Google"). Google is not responsible for the Applications or their content, and has no obligation to provide maintenance or support.
Severability
If any provision of this EULA is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
Entire Agreement
This EULA, together with our Privacy Policy and Terms of Service, constitutes the entire agreement between you and Terrapin Lab regarding the Applications and supersedes all prior agreements, understandings, and communications, whether oral or written.
Waiver
No waiver of any term or provision of this EULA shall be deemed a further or continuing waiver of such term or any other term. Terrapin Lab's failure to assert any right or provision under this EULA shall not constitute a waiver of such right or provision.
Assignment
You may not assign or transfer this EULA or any rights granted hereunder without Terrapin Lab's prior written consent. Terrapin Lab may freely assign this EULA. Any attempted assignment in violation of this section shall be void.
Changes to This EULA
Terrapin Lab reserves the right to modify this EULA at any time. We will notify you of material changes by posting the updated EULA within the Applications or through other reasonable means. Your continued use of the Applications after such modifications constitutes your acceptance of the updated EULA.
Contact Information
If you have any questions or concerns about this End User License Agreement, please contact us:
Terrapin, LLC
Email: legal@terrapinlab.com
Support: support@terrapinlab.com
Website: terrapinlab.com
BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE APPLICATIONS, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.