Terms of Use

Legal Text

PARACHUTE END USER LICENSE AGREEMENT

Effective Date: May 22, 2017

The services available through the Parachute Application (the “Parachute App” or “Parachute”) are licensed, not sold, to you for use only under the terms of this Parachute End User License Agreement (the “Agreement”), unless a product or service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to your prior acceptance of that separate license agreement. Parachute Labs, Inc. (the “Application Provider”) reserves all rights not expressly granted to you.

1. Description of Parachute App:

a. Setup & Launch. After you have downloaded the Parachute App, you may enter the contact information of individuals or organizations that you would like to receive emergency notifications sent on your behalf by the Parachute App. Such contact information includes telephone numbers and email addresses. When you launch the Parachute App and touch anywhere on the screen for one (1) second, the Parachute App simultaneously calls, texts and emails all emergency contacts for whom you have submitted contact information (“Emergency Contacts”).

b. Recordings. In addition, your device will also automatically begin recording audio and video via its camera function. Your device will record continuously until the earlier of: (a) your device’s battery dies or storage limit is reached; (b) you manually terminate the recording; or (c) Application Provider terminates the recording. Application Provider reserves the right to unilaterally terminate your recording in its sole discretion, and will contact you after twenty-four (24) hours of continuous recording is detected. When you activate the Parachute App in an emergency, your Emergency Contacts will receive a link to the incident panel (https://parachute.live/demo) with a livestreaming video that can be played in any web browser, as well as a map that tracks your movement. The Parachute App will not process more than one live incident from you within any three (3) minute block of time. You can still record a second incident locally on your device, but it will not be sent to the Application Provider servers until three (3) minutes have passed.

c. Data Storage. When cellular data is slow or there is no reception, Parachute stores everything on your device, until the cellular data is backed up upon connection to the internet or storage/battery runs out. After the incident is over, all evidence can be reviewed or replayed. Data is wiped from your device as soon as it is securely moved to Application Provider’s servers. Absent special circumstances, even if the phone is destroyed or taken, the data shall remain on Application Provider’s servers indefinitely unless: (a) deleted by you; or (b) you or Application Provider terminate your account. In the event your account is terminated, unless requested otherwise, Application Provider will store your data for a period of thirty (30) days from the date of termination and then automatically delete such data.

2. Emergency Contacts. By providing the contact information of an Emergency Contact, you hereby represent that you have all necessary authority and/or have obtained all necessary consents from each Emergency Contact to enable us to access and use and disclose his/her Data as defined and set forth in the Parachute Privacy Policy. Application Provider retains the right, but not the obligation, to confirm the consent of any Emergency Contact. In the event an Emergency Contact does not confirm his/her consent, Application Provider may remove the Emergency Contact from your account. An Emergency Contact may block/unblock receipt of alerts (calls, texts or emails) by using the automated system available by text message and phone call at +1 844 419 7000. Emergency Contacts whose texts or calls have been spam filtered can also retrieve the incidents that were sent to them by texting "incidents" to +1 844 419 7000 or calling +1 844 419 7000.

3. Scope of License. This license granted to you for the Parachute App by Application Provider is limited to a non-exclusive, revocable, non-transferable license to use the Parachute App on any Apple device compatible with iOS 8 or higher (“Devices”) that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). The terms of this Agreement will govern any upgrades provided by Application Provider that replace and/or supplement the original Parachute App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The Parachute App is licensed, not sold, to you, and Application Provider and its licensors retain ownership of the Parachute App even after installation on your Device.

4. Services. The Parachute App may enable access to Application Provider’s and third parties’ services and web sites (collectively and individually, "Services"). Use of portions of the Services requires Internet access or cellular reception, which require that you accept third party terms of service. You understand that by using any of the Services, you and your Emergency Contacts may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that Application Provider shall not have any liability to you or your Emergency Contacts for content that may be found to be offensive, indecent, or objectionable.

5. User Restrictions. In general, as a condition to your continued use of the Parachute App, you agree that you will not use the Parachute App for any purpose that is unlawful or prohibited by this Agreement. You shall act always in accordance with the law. You may not make any change or alteration to the Parachute App and you may not impair in any way the integrity or operation of the Parachute App. Without limiting the generality of any other provision of this Agreement, if you default negligently or willfully in any of the obligations set forth in this Agreement, you shall be liable for all the losses and damages that this may cause to Application Provider.

a. Distribution; Modification. You may not rent, lease, lend, sell, redistribute or sublicense the Parachute App. You may not copy (except as expressly permitted by this Agreement and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Parachute App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Parachute App). Any attempt to do so is a violation of the rights of Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. No portion of the Services may be reproduced in any form or by any means.

b. Derivative Works. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Parachute App or the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

c. Infringement; Harassment. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.

d. Export. You may not use or otherwise export or re-export the Parachute App except as authorized by United States law and the laws of the jurisdiction in which the Parachute App was obtained. In particular, but without limitation, the Parachute App may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) 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 Parachute App, 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 Parachute App for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

e. Additional Prohibited Activities. You agree not to:

i. Post, transmit, or otherwise make available through or in connection with your use of the Parachute App any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;

ii. Post, transmit, or otherwise make available through or in connection with your use of the Parachute App any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment;

iii. Use the Parachute App for any fraudulent or unlawful purpose;

iv. Use the Parachute App if you are a competitor of Application Provider, or in any manner that is competitive with Application Provider;

v. Interfere with or disrupt the operation of the Parachute App or the servers or networks used to make the Parachute App available; or violate any requirements, procedures, policies or regulations of such networks;

vi. Remove any copyright, trademark or other proprietary rights notice from the Parachute App or materials originating from the Parachute App; or

vii. Use any reverse proxy, packet-sniffer, robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way Parachute App Content or reproduce or circumvent the navigational structure or presentation of the Parachute App without Application Provider’s express prior written consent.

6. Spam Filtering. Carriers may have additional, stricter spam restrictions. When Application Provider receives carrier complaints, it will list carrier complaints and carrier spam in the Contact Events section of the incident within the Parachute App, but carriers may filter texts and calls without providing proper notice to Application Provider, in which case nothing will be displayed. When a call, text or email is dropped by Application Provider's spam filter, it is always logged on the incident's Contact Events section, for you and your Emergency Contacts to see. When you return to the Parachute App home screen, a notice is displayed that one of your recent incidents was spam-filtered. If Application Provider temporarily flags your account for human review, a notice is displayed in the Parachute App home screen and Parachute App settings screen, as well as a button to contact Application Provider to request that the flag be cleared and your account reinstated. Incidents that are rejected while your account remains flagged for human review will be stored locally in the Parachute app as Offline Data and can be processed once the account is reinstated, by using the Upload Offline Data feature. Due to carrier requirements and regulations governing automated telecommunications, Application Provider has instituted the following limitations:

a. Emergency Contact Calls. An Emergency Contact may not be called and your account may be temporarily flagged for human review if:

i. you have initiated more than thirty (30) total calls in 24 hours;

ii. you have initiated more than forty (40) combined calls, texts and emails in 6 hours;

iii. you have initiated more than ten (10) incidents in 6 hours;

iv. you have depleted the quotas available to your membership type for the current billing period;

v. the Emergency Contact has been called more than ten (10) times in 24 hours by any Parachute App user;

vi. calls to the Emergency Contact's country are not supported by Application Provider; or

vii. the Emergency Contact has blocked Parachute App alerts or otherwise declined consent to be contacted.

b. Emergency Contact Texts. An Emergency Contact may not be texted and your account may be temporarily flagged for human review if:

i. you have initiated more than thirty (30) text messages in 24 hours;

ii. you have initiated more than forty (40) combined calls, texts and emails in 6 hours;

iii. you have initiated more than ten (10) incidents in 6 hours;

iv. you have depleted the quotas available to your membership type for the current billing period;

v. the Emergency Contact has been texted more than ten (10) times in 24 hours by any Parachute App user;

vi. texts to the Emergency Contact's country are not supported by Application Provider; or

vii. the Emergency Contact has blocked Parachute App alerts or otherwise declined consent to be contacted.

c. Emergency Contact Emails. An Emergency Contact may not be emailed and your account may be temporarily flagged for human review if:

i. you have initiated more than forty (40) emails in 24 hours;

ii. you have initiated more than forty (40) combined calls, texts and emails in 6 hours;

iii. you have initiated more than ten (10) incidents in 6 hours;

iv. you have depleted the quotas available to your membership type for the current billing period;

v. the Emergency Contact has been emailed more than twenty (20) times in 24 hours by any Parachute App user;

vi. the Emergency Contact has blocked Parachute App emails or otherwise declined consent to be contacted.

d. Incidents. A new incident may be delayed processing if:

i. your account does not have a valid name or email address associated with it or an attempt to email you failed or you declined consent to be contacted, in which case you will need to retry processing of the incidents after the issues have been addressed;

ii. more than one new incident is received in a 30-second interval, in which case processing will be delayed until the 30-second interval elapses;

iii. you have depleted the incident quota available to your membership plan in the current billing period, in which case processing will need to be retried when the quota is replenished or the membership is upgraded; or

iv. your account has been temporarily flagged, in which case you will need to retry processing of the incidents after your account has been reinstated.

7. Third Party Materials. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.

8. Paid Subscriptions.

a. Payment. Access to the Parachute App requires payment of a monthly or yearly subscription fee (the “Subscription”). All Subscription payments shall be paid to and processed by Apple, Inc. (“Apple”) via the App Store. All Subscription fees shall be charged to the payment method you provided when you created your Apple ID upon confirmation of purchase.

b. Renewal; Cancellation. Your Subscription will automatically renew each month or year, unless you cancel your Subscription through your subscription page before the end of the current month. The cancellation will take effect the day after the last day of the current subscription period, and you will thereafter be unable to access the Services. Your account will be charged for renewal within twenty-four (24) hours prior to the end of the current billing period unless cancelled beforehand. You may manage your Subscription under your account settings after purchase.

c. Fee Changes. Application Provider may change the price for the Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Subscriptions will take effect at the start of the next month following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Parachute App after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Parachute App prior to the price change going into effect. Therefore, please read any such notification of price changes carefully.

d. Trials. From time to time, Application Provider may offer trials of Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Application Provider reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law. AT THE END OF SUCH TRIALS, APPLICATION PROVIDER MAY AUTOMATICALLY START TO CHARGE YOU FOR THE APPLICABLE SUBSCRIPTION ON THE FIRST DAY FOLLOWING THE END OF THE TRIAL, ON A RECURRING MONTHLY BASIS. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE SUBSCRIPTION THROUGH YOUR ACCOUNT’S SUBSCRIPTION PAGE BEFORE THE END OF THE TRIAL. SUBSCRIPTIONS CANNOT BE TERMINATED BEFORE THE END OF THE PERIOD FOR WHICH YOU HAVE ALREADY PAID, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, APPLICATION PROVIDER WILL NOT REFUND ANY FEES THAT YOU HAVE ALREADY PAID. Any unused portion of a Trial period will be forfeited when you purchase a Subscription prior to the end of the Trial period.

9. Intellectual Property. You agree that the Parachute App contains proprietary content, information and material that is owned by Application Provider and protected by applicable intellectual property and other laws, including but not limited to copyright, trademark, and patent. You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Parachute App under the terms and conditions stated herein.

10. Privacy. Application Provider is committed to protecting the privacy of its users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your data. The Privacy Policy is available at parachute.live/privacy, and is incorporated herein by reference. Please review the Privacy Policy before accepting this Agreement.

11. Suggestions

a. Application Provider does not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information you provide Application Provider (collectively, “Suggestions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Suggestion, you hereby grant Application Provider full ownership of the Suggestion as if Application Provider had created, developed and posted the Suggestion for its own purposes. Application Provider reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Suggestion in any way as Application Provider sees fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Suggestion in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Suggestion within or in connection with Application Provider’s products or services. You also acknowledge that your Suggestion will not be returned and Application Provider may use your Suggestion, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.

b. If you make a Suggestion, you represent and warrant that you own or otherwise control the rights to your Suggestion. You further represent and warrant that such Suggestion does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam,” and does not infringe on the rights of any third party. You may not use a false email address, impersonate any person or entity, or otherwise mislead Application Provider as to the origin of any Suggestion. You agree to indemnify Application Provider for all claims arising from or in connection with any claims to any rights in any Suggestion or any damages arising from any Suggestion.

12. User Representations. Subject to the terms and conditions of this Agreement, you hereby represent and warrant that: (a) you will comply with all applicable laws, including without limitation local laws governing the recording of third parties with or without their consent; and (b) that you have requested and received the consent of all individuals for whom you have submitted Emergency Contact information to: (i) share their telephone number and/or email address with Application Provider; and (ii) receive emergency notifications from the Parachute App.

13. Application Provider Disclaimer of Warranties.

a. Not an Emergency Service. The Parachute App and the Services provided therein are not a substitute for 911 or 112, and do not constitute an emergency response service. Application Provider encourages you to reach out to any and all appropriate emergency services, including but not limited to your local police department, fire department, animal control, and/or poison control center as the situation may warrant. The Parachute App is intended to contact personally-known third parties only, and Application provider is not liable for any damages caused by the insufficiency or lack of response by any official emergency service.

b. Location Data. Location data provided by the Services is for informational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

c. Third Party Services/Materials. Third party services and Third Party Materials that may be accessed from, displayed on or linked to from your Device are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws.

d. Termination of Services. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services or your account, at any time, without notice, and in Application Provider’s sole discretion. In no event will Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. General Disclaimer. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PARACHUTE APP 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 PARACHUTE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE PARACHUTE APP ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PARACHUTE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE PARACHUTE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PARACHUTE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PARACHUTE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PARACHUTE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. YOU ARE RESPONSIBLE FOR MAINTAINING THE FUNCTIONALITY OF ANY DEVICES AND APPLICATION PROVIDER IS NOT RESPONSIBLE FOR THE MAINTENANCE THEREOF OR ANY CONSEQUENCES RESULTING FROM A MALFUNCTIONING DEVICE OR LACK OF INTERNET CONNECTION. 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.

14. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, DEATH, EMOTIONAL OR PHYSICAL TRAUMA, DESTRUCTION OF PERSONAL PROPERTY, LOSS OF DATA OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PARACHUTE APP, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’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 of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

15. Indemnification. You agree to defend, indemnify and hold harmless Application Provider, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to: (a) any misuse of the Parachute App; (b) breach of this Agreement; (c) the violation or infringement of the rights of any third party, including but not limited to Emergency Contacts; or (d) any violation of applicable law.

16. Apple.

a. Third Party Beneficiary. You acknowledge and agree that Apple is an intended beneficiary of this Agreement and has the right to enforce this Agreement directly against you. Other than as set out in this section, this Agreement is not intended to grant rights to anyone except you and Application Provider, and in no event shall this Agreement create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of this Agreement are not subject to the consent of any other person.

b. Apple Limitation of Liability. You acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and Application Provider only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Parachute App. In the event of any failure of the Parachute App or Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Parachute App, including, but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or your possession and use of the Parachute App infringe that third party’s intellectual property rights.

17. Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND APPLICATION PROVIDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Application Provider agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.

18. U.S. Government. The Parachute App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

19. Changes to this Agreement. From time to time, Application Provider may update or revise this Agreement. Whenever such changes are made, Application Provider will post an updated Agreement on its website, and may, but shall not be obligated to, notify you via email. You should always check the date at the top of the Agreement. If any proposed change is unacceptable to you, you will have the right to terminate your account. If Application Provider decides to change this Agreement in a material way, Application Provider will obtain the necessary consents required under applicable laws, unless the change is otherwise required or permitted by law.

20. Termination. The Agreement is effective until terminated by you or Application Provider. Your rights under this Agreement will terminate automatically without notice from Application Provider if you fail to comply with any term(s) of this Agreement. Upon termination of this Agreement, you shall cease all use of the Parachute App.

21. Assignment. Application Provider may assign this Agreement or any part thereof, and Application Provider may delegate any of its obligations under this Agreement. You may not assign this Agreement or any part thereof, nor transfer or sub-license your rights under this Agreement, to any third party.

22. Governing Law; Venue. The laws of the State of New York, excluding its conflicts of law rules, govern this license and your use of the Parachute App. Your use of the Parachute App may also be subject to other local, state, national, or international laws. You agree that the sole and exclusive venue for any dispute or claim arising out of or in connection with this Agreement shall be the Courts of the State of New York.

23. Entire Agreement These Agreement, together with the Privacy Policy and any other legal notices published by Application Provider on the Parachute App, shall constitute the entire agreement between you and Application Provider concerning the Parachute App.

24. Severability; Waiver. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Application Provider’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND APPLICATION PROVIDER WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN YOU AND APPLICATION PROVIDER RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Should you have any questions concerning this Agreement, please email Application Provider Support at: