Terms and Conditions
END USER LICENSE AGREEMENT
Last updated August 05, 2023
Super Receptionist islicensed to You (End-User) by Newgate Software Inc., located andregistered at 5674 60 Ave, Surrey, BritishColumbia v3x2l5, Canada ("Licensor"), for use only under the terms ofthis License Agreement.
By downloading the Licensed Application from Apple's softwaredistribution platform ("App Store") and Google's softwaredistribution platform ("Play Store"), and any update thereto (aspermitted by this License Agreement), You indicate that You agree tobe bound by all of the terms and conditions ofthis License Agreement, and that You acceptthis License Agreement. App Store and Play Storeare referred to in this License Agreement as "Services."
The parties of this License Agreement acknowledge that theServices are not a Party to this License Agreement and are not boundby any provisions or obligations with regard to the Licensed Application, suchas warranty, liability, maintenance and support thereof. Newgate SoftwareInc., not the Services, is solely responsible for the Licensed Application andthe content thereof.
This License Agreement may not providefor usage rules for the Licensed Application that are in conflict with thelatest Apple Media Services Terms andConditions and Google Play Terms of Service ("UsageRules"). Newgate Software Inc. acknowledges that it had theopportunity to review the Usage Rules and this License Agreement isnot conflicting with them.
Super Receptionist when purchased ordownloaded through the Services, is licensed to You for use only under theterms of this License Agreement. The Licensor reserves all rights notexpressly granted to You.Super Receptionist is to be used on devices thatoperate with Apple's operating systems ("iOS" and "MacOS") or Google's operating system ("Android").
TABLE OF CONTENTS
1. THE APPLICATION
2. SCOPE OF LICENSE
3. TECHNICAL REQUIREMENTS
4. MAINTENANCE AND SUPPORT
5. USE OF DATA
6. USER-GENERATED CONTRIBUTIONS
7. CONTRIBUTION LICENSE
8. LIABILITY
9. WARRANTY
10. PRODUCT CLAIMS
11. LEGAL COMPLIANCE
12. CONTACT INFORMATION
13. TERMINATION
14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
15. INTELLECTUAL PROPERTY RIGHTS
16. APPLICABLE LAW
17. MISCELLANEOUS
1. THE APPLICATION
Super Receptionist ("Licensed Application") is a piece of softwarecreated to help businesses and solo freelancers automate the phone calls theyreceive by using our AI system to answer their phone calls and forward only theimportant phone calls. —and customized for iOS and Android mobile devices("Devices").
The Licensed Application is not tailored to complywith industry-specific regulations (Health Insurance Portability andAccountability Act (HIPAA), Federal Information Security Management Act(FISMA), etc.), so if your interactions would be subjected to such laws, youmay not use this Licensed Application. You may not use the Licensed Applicationin a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable,non-exclusive, non-sublicensable license to install and use theLicensed Application on any Devices that You (End-User) own or control and aspermitted by the Usage Rules, with the exception that such Licensed Applicationmay be accessed and used by other accounts associated with You (End-User, ThePurchaser) via Family Sharing or volume purchasing.
2.2 This license will also governany updates of the Licensed Application provided by Licensor that replace,repair, and/or supplement the first Licensed Application, unless aseparate license is provided for such update, in which case the termsof that new license will govern.
2.3 You may not share or make the Licensed Application availableto third parties (unless to the degree allowed by the Usage Rules, andwith Newgate Software Inc.'s prior written consent), sell, rent, lend,lease or otherwise redistribute the Licensed Application.
2.4 You may not reverse engineer, translate,disassemble, integrate, decompile, remove, modify, combine, create derivativeworks or updates of, adapt, or attempt to derive the source code of theLicensed Application, or any part thereof (except with Newgate SoftwareInc.'s prior written consent).
2.5 You may not copy (excluding whenexpressly authorized by this license and the Usage Rules)or alter the Licensed Application or portions thereof. You may create and storecopies only on devices that You own or control for backup keeping under theterms of this license, the Usage Rules, and any other terms and conditionsthat apply to the device or software used. You may not remove any intellectualproperty notices. You acknowledge that no unauthorized third partiesmay gain access to these copies at any time. If you sell your Devices to athird party, you must remove the Licensed Application from the Devices beforedoing so.
2.6 Violations of the obligations mentionedabove, as well as the attempt of such infringement, may be subject toprosecution and damages.
2.7 Licensor reserves the right to modify theterms and conditions of licensing.
2.8 Nothing in this license shouldbe interpreted to restrict third-party terms. When using the LicensedApplication, You must ensure that You comply with applicable third-party termsand conditions.
3. TECHNICAL REQUIREMENTS
3.1 The Licensed Application requires afirmware version 1.0.0 or higher. Licensor recommends using the latestversion of the firmware.
3.2 Licensor attempts to keep the LicensedApplication updated so that it complies with modified/new versions of thefirmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Yourresponsibility to confirm and determine that the app end-user device on whichYou intend to use the Licensed Application satisfies the technicalspecifications mentioned above.
3.4 Licensor reserves the right to modify thetechnical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing anymaintenance and support services for this Licensed Application. You can reachthe Licensor at the email address listed in the AppStore or Play Store Overview for this Licensed Application.
4.2 Newgate Software Inc. and theEnd-User acknowledge that the Services have no obligation whatsoever to furnishany maintenance and support services with respect to the Licensed Application.
5. USE OF DATA
You acknowledge that Licensor will be able toaccess and adjust Your downloaded Licensed Application content and Yourpersonal information, and that Licensor's use of such material and informationis subject to Your legal agreements with Licensor and Licensor's privacypolicy: superreceptionist.io/privacy-policy.
You acknowledge that the Licensor may periodicallycollect and use technical data and related information about your device,system, and application software, and peripherals, offer product support,facilitate the software updates, and for purposes of providing other servicesto you (if any) related to the Licensed Application. Licensor may also use thisinformation to improve its products or to provide services or technologies toyou, 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 tosubmit or post content. We may provide you with the opportunity to create,submit, post, display, transmit, perform, publish, distribute, or broadcastcontent and materials to us or in the Licensed Application, including but notlimited to text, writings, video, audio, photographs, graphics, comments,suggestions, or personal information or other material(collectively, "Contributions"). Contributions may be viewableby other users of the Licensed Application and through third-party websites orapplications. As such, any Contributions you transmit may be treated inaccordance with the Licensed Application Privacy Policy. When you create ormake available any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, publicdisplay, or performance, and the accessing, downloading, or copying of yourContributions do not and will not infringe the proprietary rights, includingbut not limited to the copyright, patent, trademark, trade secret, or moralrights of any third party.
2. You are the creator and owner of or have thenecessary licenses, rights, consents, releases, and permissions to use andto authorize us, the Licensed Application, and other users of theLicensed Application to use your Contributions in any manner contemplated bythe Licensed Application and this License Agreement.
3. You have the written consent, release, and/orpermission of each and every identifiable individual person in yourContributions to use the name or likeness or each and every such identifiableindividual person to enable inclusion and use of your Contributions in anymanner contemplated by the Licensed Application andthis License Agreement.
4. Your Contributions are not false, inaccurate, ormisleading.
5. Your Contributions are not unsolicitedor 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 otherwiseobjectionable (as determined by us).
7. Your Contributions do not ridicule, mock,disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to harass orthreaten (in the legal sense of those terms) any other person and to promoteviolence against a specific person or class of people.
9. Your Contributions do not violate any applicablelaw, regulation, or rule.
10. Your Contributions do not violate the privacyor publicity rights of any third party.
11. Your Contributions do not violate anyapplicable law concerning child pornography, or otherwise intended to protectthe health or well-being of minors.
12. Your Contributions do not include any offensivecomments that are connected to race, national origin, gender, sexualpreference, or physical handicap.
13. Your Contributions do not otherwise violate, orlink to material that violates, any provision ofthis License Agreement, or any applicable law or regulation.
Any use of the Licensed Application in violation ofthe foregoing violates this License Agreement and may result in,among other things, termination or suspension of your rights to use theLicensed Application.
7. CONTRIBUTION LICENSE
You agree that we may access, store, process, anduse any information and personal data that you provide following the terms ofthe Privacy Policy and your choices (including settings).
By submitting suggestions of other feedbackregarding the Licensed Application, you agree that we can use and share suchfeedback for any purpose without compensation to you.
We do not assert any ownership over yourContributions. You retain full ownership of all of your Contributions and anyintellectual property rights or other proprietary rights associated with yourContributions. We are not liable for any statements or representations in yourContributions provided by you in any area in the Licensed Application. You aresolely responsible for your Contributions to the Licensed Application and youexpressly agree to exonerate us from any and all responsibility and to refrain fromany legal action against us regarding your Contributions.
8. LIABILITY
8.1 Licensor's responsibility in the case ofviolation of obligations and tort shall be limited to intent and grossnegligence. Only in case of a breach of essential contractual duties (cardinalobligations), Licensor shall also be liable in case of slight negligence. Inany case, liability shall be limited to the foreseeable, contractually typicaldamages. The limitation mentioned above does not apply to injuries to life,limb, or health.
8.2 Licensor takes no accountability orresponsibility for any damages caused due to a breach of duties according toSection 2 of this License Agreement. To avoid data loss, You arerequired to make use of backup functions of the Licensed Application to theextent allowed by applicable third-party terms and conditions of use. You areaware that in case of alterations or manipulations of the Licensed Application,You will not have access to the Licensed Application.
9. WARRANTY
9.1 Licensor warrants that the LicensedApplication is free of spyware, trojan horses, viruses, or any other malware atthe time of Your download. Licensor warrants that the Licensed Applicationworks as described in the user documentation.
9.2 No warranty is provided for the LicensedApplication that is not executable on the device, that hasbeen unauthorizedly modified, handled inappropriately or culpably,combined or installed with inappropriate hardware or software, used withinappropriate accessories, regardless if by Yourself or by third parties, or ifthere are any other reasons outside of Newgate Software Inc.'s sphere ofinfluence that affect the executability of the Licensed Application.
9.3 You are required to inspect the LicensedApplication immediately after installing it and notify Newgate SoftwareInc. about issues discovered without delay by email provided in Contact Information. The defect report will betaken into consideration and further investigated if it has been emailed withina period of ninety (90) days after discovery.
9.4 If we confirm that the LicensedApplication is defective, Newgate Software Inc. reserves a choice toremedy the situation either by means of solving the defect or substitutedelivery.
9.5 In the event of anyfailure of the Licensed Application to conform to any applicable warranty, Youmay notify the Services Store Operator, and Your Licensed Application purchaseprice will be refunded to You. To the maximum extent permitted by applicablelaw, the Services Store Operator will have no other warranty obligationwhatsoever with respect to the Licensed Application, and any other losses,claims, damages, liabilities, expenses, and costs attributable to anynegligence to adhere to any warranty.
9.6 If the user is anentrepreneur, any claim based on faults expires after a statutory period oflimitation amounting to twelve (12) months after the Licensed Application wasmade available to the user. The statutory periods of limitation given by lawapply for users who are consumers.
10. PRODUCT CLAIMS
Newgate Software Inc. and the End-User acknowledge that Newgate Software Inc., and not the Services, isresponsible for addressing any claims of the End-User or any third partyrelating to the Licensed Application or the End-User’s possession and/or use ofthat Licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the Licensed Application fails to conform to anyapplicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similarlegislation, including in connection with Your Licensed Application’s use ofthe HealthKit and HomeKit.
11. LEGAL COMPLIANCE
You represent and warrant that You are not locatedin a country that is subject to a US Government embargo, or that has beendesignated by the US Government as a "terroristsupporting" country; and that You are not listed on any US Governmentlist of prohibited or restricted parties.
12. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning theLicensed Application, please contact:
Paul Singh
5674 60 Ave
Surrey, British Columbia v3x2l5
Canada
support@superreceptionist.io
13. TERMINATION
The license is valid until terminated by Newgate SoftwareInc. or by You. Your rights under this license will terminateautomatically and without notice from Newgate Software Inc. if Youfail to adhere to any term(s) of this license.Upon License termination, You shall stop all use of the LicensedApplication, and destroy all copies, full or partial, of the LicensedApplication.
14. THIRD-PARTY TERMS OFAGREEMENTS AND BENEFICIARY
Newgate Software Inc. represents and warrantsthat Newgate Software Inc. will comply with applicable third-partyterms of agreement when using Licensed Application.
In Accordance with Section 9 of the "Instructions for MinimumTerms of Developer's End-User License Agreement," both Apple andGoogle and their subsidiaries shall be third-party beneficiaries of thisEnd User License Agreement and — upon Your acceptance of the termsand conditions of this License Agreement, both Apple andGoogle will have the right (and will be deemed to have accepted the right)to enforce this End User License Agreement against You as athird-party beneficiary thereof.
15. INTELLECTUAL PROPERTY RIGHTS
Newgate Software Inc. and the End-User acknowledge that, in theevent of any third-party claim that the Licensed Application or the End-User'spossession and use of that Licensed Application infringes on the third party'sintellectual property rights, Newgate Software Inc., and not the Services,will be solely responsible for the investigation, defense, settlement, anddischarge or any such intellectual property infringement claims.
16. APPLICABLE LAW
This License Agreement is governed by the lawsof Canada excluding its conflicts of law rules.
17. MISCELLANEOUS
17.1 If any of the termsof this agreement should be or become invalid, the validity of the remainingprovisions shall not be affected. Invalid terms will be replaced by valid onesformulated in a way that will achieve the primary purpose.
17.2 Collateralagreements, changes and amendments are only valid if laid down in writing. Thepreceding clause can only be waived in writing.
