TERMS OF SERVICE


This Agreement was last modified on March 20, 2018.


These terms of service (“Agreement” or “Terms”) govern your access to and use of Siempo, Inc.’s ( “Siempo”, “we”, “us”, or “our”) our mobile application and our website located at http://getsiempo.com or http://siempo.co (together with the website, the “App”) and or any service made available through the App (the “Services”). More information on the Services is provided below. Capitalized terms are defined in this Agreement. WE RESERVE THE RIGHT TO ADD, SUBTRACT, OR CHANGE THESE SERVICES AT ANY TIME.

This Agreement sets forth the legally binding terms and conditions for your use of the Services. By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the App, or contributing content or other materials on the App, you accept and agree to be bound and to abide by these Terms and our Privacy Policy, found at http://siempo.co/app/tos.html, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the App.

The Services are offered and available to users who are 18 years of age or older. By using the Services, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access the App or use the Services.


Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the App thereafter. Your continued use of the App following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.


Information About You and Your Use of the App

All information we collect on or through the App is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


The Services

The Services provides users with information about their usage of their devices and screens and provides advice and techniques for modifying that usage.


Payments

The App also allows you to make in-app purchases for upgraded features (a “Payment”). To enable these features on the App, you must enter required payment information (for example, credit card information) and you hereby authorize Siempo and our third party service providers to charge you for the Payment. You agree that all Payments made on the App are authorized, final and non-refundable.


Intellectual Property Rights

The App’s entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Siempo, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Neither the App or any materials available through the App may be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without Siempo’s prior written permission and the prior written permission of Siemp’s applicable licensors. Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to use and access, solely for your own personal, noncommercial use the App and the Services on any compatible device that you own or control. You must abide by all copyright notices, information, or restrictions contained in or attached to the App or any materials available through the App and you may not remove or alter any such notice, information, or restriction. Nothing in these Terms grants you any right to receive or to obtain access to the App except as generally and ordinarily permitted through the Services according to these Terms. Furthermore, except for the limited license above, nothing in these Terms will be deemed to grant, by implication, estoppel or otherwise, any other license or ownership rights to the App. Siempo’s name and all related names, logos, product and service names, designs, and slogans are trademarks (“Marks”) of Siempo or its affiliates or licensors. Ownership of all such Marks and the goodwill associated with such Marks remains with us or those other entities. You are not authorized to copy, modify, or otherwise use the Marks. Any use of third party software provided in connection with the Services will be governed by such third parties’ licenses and not by these Terms.

You may choose, but are not required, to provide suggestions, feedback or other information to Siempo regarding possible enhancements to the App and the Services. Any such feedback, suggestions or information, as well as any inventions, product improvements, modifications or developments made by Siempo in whole or in part as a result thereof, will be considered Siempo’s exclusive property.


Prohibited Uses

You may use the App only for your lawful personal purposes and in accordance with these Terms. You agree not to:

Take any action that may cause us to lose any of our services from our internet service providers, payment processors, or other suppliers.


Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the App infringe your copyright, you may request removal of those materials (or access thereto) from the App by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Our designated Copyright Agent to receive DMCA Notices is:


Copyright Agent
CEO
Siempo, Inc.
325 Austin St.
San Francisco, CA 94109
Phone: 9149241995
Email: info@siempo.co


It is our policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.


Geographic Restrictions

The owner of the App is based in the United States. We provide this App for use only by persons located in the United States. We make no claims that the App, any of its content, or the Services are accessible or

appropriate outside of the United States. Access to the App and use of the Services may not be legal by certain persons or in certain countries. If you access the App or use the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our App for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP, ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED THEREON, OR ON ANY APP LINKED TO EITHER.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SIEMPO NOR ANY PERSON ASSOCIATED WITH SIEMPO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP, ITS CONTENT, AND ANY SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SIEMPO NOR ANYONE ASSOCIATED WITH SIEMPO REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Limitation on Liability

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SIEMPO, ITS LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, MANAGERS, OFFICERS OR DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT OF PAYMENTS YOU MADE TO SIEMPO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING A CLAIM. IN NO EVENT WILL SIEMPO, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APP, ANY WEBSITES OR APPLICATIONS LINKED TO EITHER, ANY CONTENT ON THE APP OR SUCH OTHER WEBSITES OR APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.


Indemnification

You agree to defend, indemnify, and hold harmless Siempo, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, any use of the App’s content or Services other than as expressly authorized in these Terms or your use of any information obtained from the App.


Governing Law and Jurisdiction

All matters relating to the App, the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the App, or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California located in the City of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.


Waiver and Severability

No waiver by Siempo of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Siempo to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.


Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Siempo regarding the App and the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App and the Services.


Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@siempo.co