Gravy End-User License Agreement

Thanks for using the Gravy mobile application (the “App”) and the location-based services associated with this App (the “Service”).

The Service is owned, operated and made available by DCVX (“DCVX,” “we,” “our” or “us”). The following Service End-User License Agreement (“EULA”) is inclusive of the Privacy Policy and any and all other applicable operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, and together with this EULA, the “Agreement”).

By using and/or accessing the Service, you agree to comply with and be bound by the Agreement in its entirety. Please review this Agreement carefully. If you do not agree to the terms of this Agreement, please do not use our Service.

‍Scope and modification of the Agreement

The Agreement constitutes the entire and only agreement between you and us with respect to the Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the same. We may amend the Agreement from time to time in our sole discretion without prior notices to you. The latest Agreement will be posted by and through the Service. Please remember to review the Agreement prior to using the Service.

‍Requirements and necessary equipment

The Offerings are not intended for use by individuals under thirteen (13) years of age (or the applicable age of majority, if greater than thirteen (13) years of age).

Please ensure that you have a Mobile Device, Internet connection, wireless service plan and/or other equipment necessary to access and use the Service. We do not guarantee that the Service can be accessed:

(i) on all Mobile Devices;

(ii) through all wireless service plans; and/or

(iii) in all geographical areas. We do not guarantee the quality, speed or availability of your Mobile Device’s Internet connection.Please note that standard messaging, data and wireless access fees may apply to your use of the Service ⚠️and you are fully responsible for all such charges.

‍Installation/uninstall of the App

Installation

We have made commercially reasonable efforts to provide you with clear, concise and complete disclosure before you download/install the App, including a description of the primary functions of the App. The App requires your consent prior to installation.

Uninstall

The App can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function contained within your Mobile Device. Please be advised that in some instances, you may be required to restart your Mobile Device before all remnants of the App are completely uninstalled and removed from your Mobile Device.

‍Legal compliance

You agree to use the Service in accordance with all applicable guidelines, as well as all applicable local, national and international laws (collectively, “Applicable Law”). 🤝

Basic functionality

You acknowledge and agree that access to, and the functionality of, the App may be interrupted, and limited and may not be error free. You understand and agree that we shall not be liable to you or third-party for any claim in connection with your use of, or inability to use, the App.

Updates/bug fixes

We reserve the right (but are not obligated) to add additional features or functions to the existing App, and to provide bug fixes, error corrections, patches, new releases or any other component not specified within this EULA, from time to time. When installed on your Mobile Device, the App periodically communicates with our servers. We may require the updating of the App residing on your Mobile Device when we release a new version of the App. This update may occur automatically or upon prior notice to you, in our sole and absolute discretion. You acknowledge and agree that we have no obligation to make any subsequent versions of the App available to you, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.

Third-party software

Any third-party software, as well as any third-party provided plug-ins, that may be provided with this App are made available for use at your sole option and risk. We are not responsible for any third-party and shall have no liability for your use of, or inability to use, third-party software.

License grant/termination

Subject to the terms and conditions of the Agreement, we hereby grant to you a personal, non-exclusive, non-transferable, revocable and limited license to access and use the App on Mobile Devices. We may terminate the license set forth in this section and/or disable, remove or change the App and/or any portion thereof in our sole discretion at any time, with or without notice, by remote updates or otherwise. The license set forth in this section shall be in effect unless and until we terminate this license. In addition, this license will terminate immediately if you fail to comply with any term or condition of the Agreement. You agree upon expiration or termination of this license to immediately uninstall the App.

License/usage restrictions

You may not sublicense, assign, resell, share, pledge, rent or transfer any of your rights under this Agreement. Except as expressly permitted by copyright laws, no copying, redistribution, displaying, performing, reproducing, licensing, transferring or publication of the App is permitted without our express permission, which consent shall be at our sole and absolute discretion.

‍Create an Account

In order to use the Service you are required to create an account in the App (your “Account”). It is easy to create an Account with our Service:

Username and profile

When you create your Account, we will ask you to set a profile name. This is the name displayed in the Service when you use the App. We recommend you to use a nickname that your friends call you so that they can easily recognize you. Please note that most of the information in your profile is public and will be visible in the Service. This means that friends of friends can find you via the public friend lists.

Phone number and verification

You will need an active phone number to create your Account. We will verify your phone number by sending a text message to you. Your Account is tied to your email address and/or phone number, so please make sure that your email address and/or phone number remains valid in order to continue using the Service. If your email address and/or phone number becomes invalid, you will no longer be able to access the Service. If you want to keep your data when changing your email address/phone number, please contact us athi@dcvx.io

‍Contacts (address book) and friends

This App allows you to interact with your friends. To add friends that already use this App or invite friends from your Contacts who have not joined the Service yet, we will ask for permission to access your Contacts. Please note that your carrier may charge you for sending text messages when you invite friends to this App, depending on your phone plan. In addition, when inviting friends, please be considerate and don’t spam all your contacts.

Notifications

We strongly suggest you to turn on notifications to receive updates on friend request approvals, new messages from friends, friends adding you to a widget, and other interesting tidbits on your friends’ whereabouts.

Account security

Once you have created your account, you remain responsible for any activity that takes place on your Account. Accessing your Account does not require a password, so please ensure that you protect your phone with a strong password or any other security methods at all times. Please do not give your phone to someone else if you don’t want them interacting with your account. If you suspect fraudulent use or hijacking of your account please inform us immediately athi@dcvx.ioWe will do our best to assist you as soon as possible.

Representations and warranties

You hereby represent and warrant to us as follows:

(a) the Agreement constitutes your legal, valid and binding obligation which is fully enforceable against you in accordance with its terms;

(b) you understand and agree that you have independently evaluated the desirability of utilizing the Service and that you have not relied on any representation and/or warranty other than those set forth in the Agreement; and

(c) your performance under the Agreement and your use of the Service will not:

(i) violate any Applicable Law; and/or

(ii) otherwise infringe upon the rights of any third parties including, without limitation, those of copyright, patent, trademark, trade secret or other intellectual property right, false advertising, unfair competition, defamation, invasion of rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.

‍Indemnification

You agree to indemnify, defend and hold Gravy, its parents, affiliates and/or subsidiaries, and each of their respective officers, partners, contractors, members, managers, employees, agents and attorneys, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from or related to:

(a) your breach of the Agreement and/or any representation or warranty contained herein;

(b) any allegation that you have infringed upon the trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of any third-party; and/or (c) your unauthorized and/or improper use of the Service.

‍License grant

You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Service. We may terminate this license at any time for any reason. Unless otherwise expressly authorized by us in writing in each instance, you may only use the Service for your own personal, non-commercial use. No part of the Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Service except as expressly permitted by us. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Service, or any portion thereof. You may not create any “derivative works” by altering any aspect of the Service. You may not use the Service in conjunction with any other third-party content. You may not exploit any aspect of the Service for any commercial purposes not expressly permitted by us. You further agree to indemnify and hold us harmless for your failure to comply with this section. We reserve any rights not explicitly granted in the Agreement.

‍Proprietary rights

The Service, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other related matters, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any end-user or other third-party of any part of the Service is strictly prohibited. No end-user or other third-party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Service.

‍Legal warning

Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Service is a violation of criminal and civil law and we will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

‍Disclaimer of warranties

The Service and/or any other products and/or services offered by and/or through the same are provided to you on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, we make no warranty that the Service and/or any other products and/or services offered by and/or through the same:

(a) will meet any of your requirements;

(b) will be uninterrupted, timely, secure or error-free or that defects will be corrected;

(c) will be free of harmful components;

(d) will result in any economic benefit; and/or

(e) will be accurate or reliable. The Service and/or any other products and/or services offered by and/or through the same, may contain bugs, errors, problems or other limitations. No advice or information, whether oral or written, through or from the Service, shall create any warranty not expressly stated in this Agreement.

‍Limitation of liability

You understand and agree that we shall not be liable to that you or any third-party for any direct, indirect, incidental, special, consequential and/or exemplary damages including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), to the fullest extent permissible by law for:

(a) the use or inability to use the App, the Service and/or any other products and/or services offered by and/or through the same;

(b) the cost of procurement of substitute goods and services resulting from any goods, data, information, content and/or any other products purchased or obtained from or through the Service;

(c) any dispute between any end-users and/or third parties;

(d) any matter relating to any end-user content, perks and/or campaigns;

(e) the unauthorized access to, or alteration of, any end-user’s registration data;

(f) end-user’s failure to realize any economic benefit; and

(g) any other matter relating to the Service and/or any other products and/or services offered by and/or through the same.This limitation applies to all causes of action, in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and any and all other torts. You hereby release Gravy from any and all obligations, liabilities and claims in excess of the limitations stated herein.No action, regardless of form, arising out of the Service and/or any other products and/or services offered by and/or through the same, may be brought by any end-user or Gravy more than one (1) year following the event which gave rise to the cause of action. The negation of damages set forth above is a fundamental element of the basis of the bargain between each end-user and Gravy. Access to the Service would not be provided to any end-users without such limitations. Some jurisdictions do not allow certain limitations on liability and in such jurisdictions the liability of Gravy shall be limited to the maximum extent permitted by law.

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‍Third-party websites

The Service contains links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Download Venues. Gravy does not control the information, products or services available on or through these third-party websites. The inclusion of any link does not imply endorsement by Gravy of the applicable website or any association with the website’s operators. As Gravy has no control over such websites or resources, you agree that Gravy is not responsible or liable for the availability or the operation of such external websites, any material located on or available from or through any such websites, nor the protection of your data privacy by third parties. You further agree that Gravy shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such site or any such dealings.

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‍End-User information protection

All material submitted by you through or in association with the Service shall be subject to the Privacy Policy, as shown below.

‍Dispute resolution provisions

To the maximum extent permitted by law, the Agreement shall be governed by and construed in accordance with the laws of the State of California, USA (without regard to conflict of law principles). Should a dispute arise concerning the Service, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties; and (b) each end-user agrees to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be foundHereWe may choose to provide petitioning end-users with a final written settlement offer after receiving such end-user’s Initial Dispute Notice (“Final Settlement Offer”). If we provide a petitioning end-user with a Final Settlement Offer and that end-user does not accept it, or we cannot otherwise satisfactorily resolve that end-user’s dispute and that end-user wishes to proceed, that end-user must submit its dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in that end-user’s county of residence, by filing a separate Demand for Arbitration, which is availableHereIf the arbitrator awards an end-user relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if that end-user retained an attorney to represent it in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that such end-user’s attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from:

(i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or

(ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from any end-user unless the arbitrator determines that such end-user’s claim was frivolous.

To the extent permitted by law, each end-user agrees that it will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that it may have against Gravy and/or its employees, officers, directors, members, representatives and/or assigns. Each end-user agrees to the entry of injunctive relief to stop such a lawsuit or to remove it as a participant in the suit. Each end-user agrees to pay the attorney’s fees and court costs that Gravy incurs in seeking such relief. This provision prevents end-users from bringing, joining or participating in class action lawsuits: (a) does not constitute a waiver of any end-user’s rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (b) is an independent agreement. Any end-user may opt-out of these dispute resolution provisions by providing written notice of her/his decision within thirty (30) days of the date that it first accesses the Service.

‍Miscellaneous

To the extent that anything in or associated with the Service is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. Gravy may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

Contact us

If you have any questions about the Agreement, the Service or the practices of Gravy, please contact us at:hi@dcvx.ioReady to enjoy new type of Social Network? 🌎