End User License Agreement

Glydin is licensed to you, the end user, by Impossible Bits LLC, located at 151 Calle De San Francisco, San Juan, PR 00901, United States (Licensor), for use only under the terms of this License Agreement.

By downloading the Licensed Application from Apple's software distribution platform (the App Store) or Google's software distribution platform (the Play Store), and any update thereto as permitted by this License Agreement, you indicate that you agree to be bound by all of the terms and conditions of this License Agreement, and that you accept it. The App Store and the Play Store are referred to in this License Agreement as the Services.

The parties to this License Agreement acknowledge that the Services are not a party to this License Agreement and are not bound by any provisions or obligations with regard to the Licensed Application, such as warranty, liability, maintenance, and support. Impossible Bits LLC, not the Services, is solely responsible for the Licensed Application and its content.

This License Agreement may not provide usage rules for the Licensed Application that conflict with the latest Apple Media Services Terms and Conditions or the Google Play Terms of Service (the Usage Rules). Impossible Bits LLC acknowledges that it had the opportunity to review the Usage Rules and that this License Agreement does not conflict with them.

Glydin, when purchased or downloaded through the Services, is licensed to you for use only under the terms of this License Agreement. The Licensor reserves all rights not expressly granted to you. Glydin is to be used on devices that operate with Apple's operating systems (iOS and macOS) or Google's operating system (Android).

Table of contents

1. The Application
2. Scope of licence
3. Technical requirements
4. Maintenance and support
5. Use of data
6. User generated contributions
7. Contribution licence
8. Liability
9. Warranty
10. Product claims
11. Legal compliance
12. Contact information
13. Termination
14. Third-party terms of agreement and beneficiary
15. Intellectual property rights
16. Applicable law
17. Miscellaneous

1. The Application

Glydin (the Licensed Application) is a piece of software created to help you plan and run your day, and customized for iOS and Android mobile devices (the Devices). It is used for task management, projects, routines, trackers, and time tracking.

The Licensed Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), and similar), so if your interactions would be subjected to such laws, you may not use this Licensed Application. You may not use the Licensed Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Scope of licence

2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on any Devices that you own or control and as permitted by the Usage Rules, with the exception that the Licensed Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.

2.2 This licence will also govern any updates of the Licensed Application provided by the Licensor that replace, repair, or supplement the first Licensed Application, unless a separate licence is provided for such update, in which case the terms of that new licence will govern.

2.3 You may not share or make the Licensed Application available to third parties (unless to the degree allowed by the Usage Rules, and with Impossible Bits LLC's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Licensed Application.

2.4 You may not copy (except when expressly authorized by this licence and the Usage Rules) or alter the Licensed Application or portions of it. You may create and store copies only on devices that you own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.5 The Licensor reserves the right to modify the terms and conditions of licensing.

2.6 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, you must ensure that you comply with applicable third-party terms and conditions.

3. Technical requirements

3.1 The Licensor attempts to keep the Licensed Application updated so that it complies with modified and new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.2 You acknowledge that it is your responsibility to confirm and determine that the device on which you intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.3 The Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. Maintenance and support

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at privacy@impossiblebits.com, or at the email address listed in the App Store or Play Store overview for this Licensed Application.

4.2 Impossible Bits LLC and the end user acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. Use of data

You acknowledge that the Licensor will be able to access and adjust your downloaded Licensed Application content and your personal information, and that the Licensor's use of such material and information is subject to your legal agreements with the Licensor and to the Privacy Policy.

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software in order to offer product support, facilitate software updates, and provide other services to you related to the Licensed Application. The Licensor may also use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you.

6. User generated contributions

The Licensed Application does not offer users the ability to post content publicly. The content you create in the Licensed Application, such as your tasks, projects, routines, trackers, and notes, is private to your account and is not viewable by other users.

Where you do submit material to us, for example a bug report or feedback (collectively, Contributions), any Contributions you transmit may be treated in accordance with the Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of, or have the necessary licences, rights, consents, releases, and permissions to use, your Contributions.
3. You have the written consent, release, or permission of each identifiable individual person in your Contributions to use their name or likeness.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass or threaten any other person, or to promote violence against a specific person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this License Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this License Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. Contribution licence

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices, including settings.

By submitting suggestions or other feedback regarding the Licensed Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. Liability

8.1 The Licensor's responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in the case of a breach of essential contractual duties (cardinal obligations) shall the Licensor also be liable in the case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.

8.2 The Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Scope of licence of this License Agreement. To avoid data loss, you are required to make use of backup functions of the Licensed Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Licensed Application, you will not have access to the Licensed Application.

9. Warranty

9.1 The Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download. The Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for a Licensed Application that is not executable on the device, that has been modified without authorization, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, or used with inappropriate accessories, regardless of whether by yourself or by third parties, or if there are any other reasons outside of Impossible Bits LLC's sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and to notify Impossible Bits LLC about issues discovered without delay, by email at privacy@impossiblebits.com. The defect report will be taken into consideration and further investigated if it has been emailed within a period of 30 days after discovery.

9.4 If we confirm that the Licensed Application is defective, Impossible Bits LLC reserves a choice to remedy the situation either by solving the defect or by substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify the Services store operator, and your Licensed Application purchase price will be refunded to you. To the maximum extent permitted by applicable law, the Services store operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. Product claims

Impossible Bits LLC and the end user acknowledge that Impossible Bits LLC, and not the Services, is responsible for addressing any claims of the end user or any third party relating to the Licensed Application or the end user's possession or use of that Licensed Application, including but not limited to:

1. product liability claims;
2. any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection, privacy, or similar legislation.

11. Legal compliance

You represent and warrant that you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a terrorist supporting country, and that you are not listed on any US government list of prohibited or restricted parties.

12. Contact information

For general inquiries, complaints, questions, or claims concerning the Licensed Application, please contact:

Impossible Bits LLC
151 Calle De San Francisco
San Juan, PR 00901
United States
privacy@impossiblebits.com

13. Termination

The licence is valid until terminated by Impossible Bits LLC or by you. Your rights under this licence will terminate automatically and without notice from Impossible Bits LLC if you fail to adhere to any term of this licence. Upon licence termination, you shall stop all use of the Licensed Application and destroy all copies, full or partial, of the Licensed Application.

14. Third-party terms of agreement and beneficiary

Impossible Bits LLC represents and warrants that it will comply with applicable third-party terms of agreement when using the Licensed Application.

In accordance with Section 9 of Apple's Instructions for Minimum Terms of Developer's End-User License Agreement, both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User License Agreement, and upon your acceptance of the terms and conditions of this License Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against you as a third-party beneficiary thereof.

15. Intellectual property rights

Impossible Bits LLC and the end user acknowledge that, in the event of any third-party claim that the Licensed Application or the end user's possession and use of that Licensed Application infringes on the third party's intellectual property rights, Impossible Bits LLC, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claims.

16. Applicable law

This License Agreement is governed by the laws of Puerto Rico, excluding its conflicts of law rules.

17. Miscellaneous

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.