Terms of Use (EULA)

This End User License Agreement ("EULA") is a legal agreement between you and ProperMech ("we," "us," "our") for your use of the ProperMech and ProperMech Pro mobile applications and any updates to them (the "Licensed Application"). By downloading or using the Licensed Application, you agree to this EULA. This EULA also incorporates our Terms of Service and Privacy Policy; where the app's general Terms of Service and this EULA differ on a device-license matter, this EULA controls.

1. Acknowledgement

This EULA is concluded between you and ProperMech only, and not with Apple Inc. or Google LLC. ProperMech, not the app store operator, is solely responsible for the Licensed Application and its content. The app store operator is not a party to this EULA.

2. Scope of license

We grant you a personal, non-transferable, non-exclusive license to use the Licensed Application on any Apple- or Google-branded device that you own or control, as permitted by the usage rules of the app store you obtained it from. You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at once, and you may not rent, lease, lend, sell, redistribute, sublicense, copy (except as this EULA permits), decompile, reverse-engineer, disassemble, or attempt to derive the source code of the Licensed Application.

3. Maintenance and support

ProperMech is solely responsible for providing any maintenance and support for the Licensed Application, as specified in this EULA or as required by law. The app store operator has no obligation whatsoever to furnish any maintenance and support services for the Licensed Application. For support, contact michaelsheaffer018@gmail.com.

4. Warranty

The Licensed Application is provided "as is" and "as available" without warranty of any kind, to the fullest extent permitted by law. ProperMech is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the Licensed Application fails to conform to any applicable warranty, you may notify the app store operator, and (where applicable, e.g. Apple) that operator may refund the purchase price of the Licensed Application to you; to the maximum extent permitted by law, the operator has no other warranty obligation whatsoever with respect to the Licensed Application. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are the sole responsibility of ProperMech.

5. Product claims

ProperMech, not the app store operator, is responsible for addressing any claims by you or a third party relating to the Licensed Application or your possession and/or use of it, including but not limited to: (a) product-liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer-protection, privacy, or similar legislation. This EULA does not limit ProperMech's liability to you beyond what applicable law permits.

6. Intellectual property

In the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, ProperMech — not the app store operator — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by this EULA.

7. Your content and conduct

You keep ownership of the photos, videos, and text you upload and grant us a limited license to store, display, and transmit that content as needed to run the app. Don't upload content that is illegal, deceptive, or infringes others' rights, and don't use the app for harassment, fraud, spam, scraping, or interfering with the service. Full detail is in our Terms of Service.

8. Legal compliance

You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree to comply with all applicable third-party terms of agreement when using the Licensed Application (for example, your wireless data-service agreement).

9. Third-party beneficiary

You acknowledge and agree that the app store operator, and its subsidiaries, are third-party beneficiaries of this EULA, and that upon your acceptance of this EULA, that operator will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary of it.

10. Subscriptions

Provider access may require an auto-renewing subscription. Pricing is shown before you purchase. Subscriptions purchased through an app store are billed to your store account, renew automatically unless cancelled at least 24 hours before the end of the current period, and are managed and cancelled in your app store account settings. See our Terms of Service for founding-offer and pricing detail.

11. Apple Standard EULA

To the extent the app is licensed through the Apple App Store, this EULA is consistent with, and incorporates by reference, the minimum terms of Apple's Licensed Application End User License Agreement, available at apple.com/legal/internet-services/itunes/dev/stdeula. Where any term of this EULA conflicts with those Apple minimum terms for App Store distribution, the Apple minimum terms govern for that distribution.

12. Governing law

This EULA is governed by the laws of the State of Florida, USA, except that this governing-law provision does not override any mandatory consumer-protection law of your place of residence.

Contact

michaelsheaffer018@gmail.com · See also our Terms of Service and Privacy Policy.