Please Read These Terms Carefully Before Using the APPLICATION

Please Read These Terms Carefully Before Using the APPLICATION

By downloading or using the Soverg, LLC application (the “Application”), these terms will automatically apply to you. We are offering you this Application to use for your own personal use without cost, but you should be aware that you’re not allowed to copy or modify the Application, any part of the Application, or our trademarks or other intellectual property in any way. You’re not allowed to attempt to extract the source code of the Application, and you also shouldn’t try to translate the Application into other languages, or make derivative versions. The Application itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong exclusively to Soverg, LLC.

It is your responsibility to review these Terms of Use periodically.  If at any time you find these Terms of Use unacceptable, or if you do not agree with these Terms of Use, please do not use the Application.

At the bottom of these Terms of Use you will be able to find links to our website where we set out our Privacy Policy, which is relevant to your use of the Application. 

Soverg, LLC is committed to ensuring that the Application is as useful and efficient as possible. For that reason, we reserve the right to make changes to the Application or to charge for its services, at any time and for any reason. We will never charge you for the Application or its services without making it very clear to you exactly what you’re paying for.

The Soverg, LLC Application stores and processes personal data that you have provided to us so that you can use the Application, and it is important that such information is accurate.  You hereby grant Soverg, LLC a perpetual, worldwide, royalty-free license to use any information or materials provided by you related to your use of the Application and understand that you will not be compensated for such license.

It’s your responsibility to keep your phone and access to the Application secure. We recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your mobile device vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the Application won’t work properly or at all.  You are entirely responsible for maintaining the confidentiality or your password and other information associated with the Application.  You may not use a third party’s account at any time and agree to notify Soverg, LLC immediately of any unauthorized use of your account.  Soverg, LLC shall not be liable for any losses you incur as a result of someone else’s use your account, either with or without your knowledge.  You may be held liable for any losses incurred by Soverg, LLC, our affiliates, managers, employees, consultants, agents and representatives due to someone else’s use of your account.

Soverg, LLC is not the publisher or author of any user content provided by you on the Application.  Soverg, LLC does not screen any user content before such content is shared, and Soverg, LLC disclaims all copyrights and ownership in such user content and all responsibility for them.

You are legally and ethically responsible for your use of the Application.  In using the Application, you are responsible for honoring the rights of others, including intellectual-property rights, the right to privacy and the right not to be libeled or slandered. 

You should be aware that there are certain things that Soverg, LLC will not take responsibility for. Certain functions of the Application, such as the ability to download and store certain information, will require the Application to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Soverg, LLC cannot take responsibility for the Application not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the Application outside of an area with Wi-Fi, you should remember that your terms of agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the Application, or other third party charges. In using the Application, you’re accepting responsibility for any such charges, including roaming data charges if you use the Application outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the Application, please be aware that we assume that you have received permission from the bill payer for using the Application.

At some point we may wish to update the Application. The Application is currently available on Android and iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the Application to) may change, and you’ll need to download the updates if you want to keep using the Application. Soverg, LLC does not promise that it will always update the Application so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the Application when offered to you. We may also wish to stop providing the Application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the Application, and (if needed) delete it from your device.

The Application also includes third-party content that we do not control, maintain or endorse. Functionality on the Application may also permit interactions between the Application and a third-party website or feature, including applications that connect the Application or information about you on the Application with a third-party website or feature. For example, the Application may include a feature that enables you to share information from the Application or your information with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Soverg, LLC does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Soverg, LLC is in no way responsible or liable for any such third-party services or features.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE APPLICATION ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

You may choose, at your sole and absolute discretion and risk, to use applications that connect the Application or your profile on the Application with a third-party service (each, an "Third Party App") and such Third Party App may interact with, connect to or gather and/or pull information from and to your Application profile. By using such Third Party Apps, you acknowledge and agree to the following: (i) if you use a Third Party App to share information, you are consenting to the information being shared; (ii) your use of a Third Party App may cause personally identifying information to be publicly disclosed and/or associated with you, even if Soverg, LLC has not itself provided such information; and (iii) your use of a Third Party App is at your own option and risk, and you will hold the Soverg, LLC harmless for activity related to the use of any Third Party App.

By using the Application, you hereby acknowledge that you are at least 13 years old and have read and understood these Terms of Use and related Privacy Policy.  You may not use the Application for any illegal or unauthorized purpose and agree to comply with all laws, rules and regulations applicable to your use of the Application.

These Terms of Use are governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Soverg, LLC’s failure to insist upon or enforce strict performance of any provision of these terms will not be construed as a waiver of any provision or right. No waiver of any of these terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Soverg, LLC reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Soverg, LLC.

The information provided within the Application is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Soverg, LLC to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Application or any portion of the Application, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Soverg, LLC provides.

Software related to or made available by the Application may be subject to United States export controls. Thus, no software from the Application may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Application, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

THE APPLICATION AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE APPLICATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SOVERG, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

SOVERG, LLC MAKES NO WARRANTY THAT: (A) THE APPLICATION WILL MEET YOUR REQUIREMENTS; (B) THE APPLICATION WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL MEET YOUR EXPECTATIONS.

The effective date of these Terms of Use is March 13, 2017. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.