ACCEPTANCE OF TERMS
THIS LEGAL AGREEMENT IS BETWEEN YOU AND AIVANTECH LLC (A COMPANY INCOPORATED BY THE LAWS OF WYOMING) WITH RESPECT TO AIVANTECH LLC’S PROPRIETARY SOFTWARE APPLICATION KNOWN AS "GOPLANDO" ("SOFTWARE"), WEBSITE OR MOBILE APPLICATION (COLLECTIVELY, THE "SERVICE").
BY CREATING AN ACCOUNT OR BY UTILIZING THE SOFTWARE OR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
You" refers to any individual who creates an account on the Software or Service; or if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then "You" refers to such entity. If you are accessing the Service on behalf of your employer, you represent and warrant that you have the authority to agree to these Terms of Service on its behalf. If you do not agree with the terms of this Agreement, uninstall the software and do not use the Service in any manner whatsoever.
AIVANTECH LLC reserves the right to update and change the Agreement from time to time without notice or acceptance by you. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, You signify your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
Grant of License. Subject to your compliance with the terms and conditions set forth herein, AIVANTECH LLC hereby grants you a limited, non-exclusive, non-transferable, non-sub licensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software. Restrictions on Use. You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to AIVANTECH LLC at law or in equity.
Title and Ownership. The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by AIVANTECH LLC and/or its licensors and are protected under copyright laws and treaties. All right, title and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by AIVANTECH LLC and/or its licensors.
Third Party Software. Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third party software is provided AS IS. AIVANTECH LLC is not liable for any losses or damages which may occur from the use of any third-party software.
Updates/Upgrades. AIVANTECH LLC improves from time to time the Software and may update/upgrade the Software at its sole discretion, with or without notification. At AIVANTECH LLC's sole discretion, AIVANTECH LLC may notify you through a patch process, or by email or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, AIVANTECH LLC may, but is not obligated to, provide email and/or internet-based support with online help.
Paid accounts. You'll be automatically billed from the date you convert to a Premium (Paid) Account and on each renewal period until cancellation. Please note that you'll be charged tax when we are required to do so, and you are responsible for all applicable taxes. You can cancel your recurring payment at any time, but we can only issue refunds for requests that occur within 48 hours of your purchase. Your Premium (Paid) Account will remain active until cancellation or termination under these Terms. Failing to pay for your Premium (Paid) Account on time might result in loss of access to features you have paid for. We may change the fees in effect at a future date, but we will send advanced notice of any changes to the email address associated with your AIVANTECH LLC account.
Compliance with Law. This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
Changes to Software or License Agreement. AIVANTECH LLC may modify, suspend, or discontinue any aspect of the Software at any time. AIVANTECH LLC reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through website posting. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, such changes.
Warranty Disclaimer. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AIVANTECH LLC DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (TORT, CONTRACT, OR OTHERWISE), SHALL AIVANTECH LLC OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DEVICE FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA OR BUSINESS OR FINANCIAL INFORMATION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL AIVANTECH LLC'S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES EXCEED THE AMOUNT PAID BY YOU TO AIVANTECH LLC FOR USE OF THE SOFTWARE, EVEN IF AIVANTECH LLC HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
Immediate Termination. Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement. AIVANTECH LLC may terminate this License Agreement at any time with or without prior notice. You may terminate this license at any time by stopping your use thereof and uninstalling the Software. Miscellaneous. This License Agreement shall constitute the complete and exclusive agreement between us. AIVANTECH LLC'S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License Agreement shall be construed and governed in accordance with the laws of Wyoming (regardless of its conflict of law provisions) and the competent courts in Wyoming shall have exclusive jurisdiction over any dispute arising out of or related to this License Agreement. Failure of AIVANTECH LLC to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Kids Under 13 and GoPlanDo
The “GoPlanDo” name, logo and all related names trademarks, service marks, design marks, and slogans are the trademarks or service marks of AIVANTECH LLC.
Apple, the Apple logo, iPhone and iPad are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc. Google Play is a trademark of Google Inc. Microsoft, Visual Studio Team Services, VSTS, and Visual Studio are trademarks or registered trademarks of Microsoft Corporation.
Through the Application, You may purchase (“In App Purchase”) keys or other goods or services (collectively, “Goods”). To the extent You purchase Goods through the Apple iTunes service, you are agreeing to Apple’s iTunes’ Terms and Conditions http://www.apple.com/legal/itunes/us/terms.html