Welcome to the App and Rippletapp.com. The Ripplet App (“App”) and the Rippletapp.com website, collectively (the "Site") is comprised of various web pages operated by Ripplet, Inc. ("Ripplet"). The App and Rippletapp.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Ripplet App and Rippletapp.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. www.rippletapp.com facilitates the Ripplet App used to collect and analyze information and to provide information on the Ripplet app.
Visiting the App and Rippletapp.com or sending emails to Ripplet constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Ripplet does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the App and Rippletapp.com only with permission of a parent or guardian.
Any cancellation or refund's for Ripplet App must be done through the marketplace where the purchase for the App was originally made. Ripplet does not offer direct customer refunds. Please note that if you obtain services from a third party through the Ripplet app, Ripplet is not responsible for that third party and will not provide a refund for services you purchase from them. Premium Subscription Users may request refunds for services and this will be handled on a case by case basis. You may email firstname.lastname@example.org for further help.
The App and Rippletapp.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Ripplet and Ripplet is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Ripplet is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Ripplet of the site or any association with its operators. Certain services made available via the App and Rippletapp.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the Rippletapp.com domain, you hereby acknowledge and consent that Ripplet may share such information and data with any third party with whom Ripplet has a contractual relationship to provide the requested product, service or functionality on behalf of Ripplet Inc. users and customers.
The Service is controlled, operated and administered by Ripplet from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Ripplet Content accessed through the App or Rippletapp.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Ripplet, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Ripplet reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ripplet in asserting any available defenses. This just means, if your use of the App causes harm to a third party you agree that Ripplet is not responsible for this harm and if harm is caused to you through your use of the App you agree that Ripplet is not responsible for this harm. Ripplet is merely acting as a intermediary and is not responsible for the actions of its users after the point of contact is made between two users. Ripplet can only govern the Site and the postings but not the personal actions of users carrying out the contracted for services. As such, your use of the Ripplet App and website acts as your contractual agreement not to hold Ripplet responsible for any third party act. If you have questions regarding this clause please email us at email@example.com.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Ripplet agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Using Ripplet you agree not to do--or contribute to--anything that is illegal, harmful, sexual, unethical and against the intent of the Ripplet app. You also agree that if you use the iOS or Android software that you will comply with the policies provided by either the App Store or the Google Play app.
Acknowledgement: Please note that these Terms are between us and you, not Apple. We are solely responsible for the ripplet App and any content produced on it. If there are any conflicts between these Terms and the Apple Store Terms of Service, the Apple Store Terms of Service will apply.
Scope of License: The licence granted to you in these Terms to use the ripplet App and Services is for use on Apple-branded products, owned or controlled by you. The ripplet App may be used or accessed by other accounts associated with you via Family Sharing or volume purchasing.
We’re giving you personally the right to use the ripplet App and the Service as set out above. You can’t transfer the ripplet App or the Service to someone else, whether for money, for anything else or for free. And if you sell any device on which the ripplet App is installed, you must remove the ripplet App first. You must also keep all passwords secure and not provide this information to anyone else.
Maintenance and Support: If you need any support with respect to the ripplet App, please contact us, not Apple as they are under no obligation to help with any support or maintenance questions arising out of use of the ripplet App.
Warranty: In the event of any failure of the ripplet App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the ripplet App to you; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the ripplet App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.
Product Claims: We are responsible for addressing any claims from you or any third party relating to the App or the end- user’s possession and/or use of the ripplet App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the ripplet App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with ripplet’s use of the HealthKit and HomeKit frameworks.
Intellectual Property: In the event of any third party claim that the ripplet App or your possession and use of the the ripplet App infringes that third party’s intellectual property rights, the ripplet App, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance: You represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Developer Name and Address:
279 West Lake Rd
Palm Harbor, FL 34684
Third Party Terms of Agreement: You must comply with applicable third party terms of agreement when using the ripplet App.
Third Party Beneficiary: Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
Ripplet reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ripplet as a result of this agreement or use of the Site. Ripplet's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Ripplet's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ripplet with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Ripplet with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Ripplet with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Ripplet reserves the right, in its sole discretion, to change the Terms under which the App and Rippletapp.com is offered. The most current version of the Terms will supersede all previous versions. Ripplet encourages you to periodically review the Terms to stay informed of our updates.
Ripplet welcomes your questions or comments regarding the Terms: Ripplet Inc. 279 West Lake Rd. Palm Harbor, FL, 34684 Email Address: firstname.lastname@example.org Effective as of April 22, 2019