SeeSpotBidAcceptance. This End-User License Agreement ("EULA") is a binding contract between you ("End-User," "you") and Kaverk LLC ("Developer," "we," "us," "our," "Kaverk," "SeeSpotBid"). This EULA governs your download, installation, access to, and use of the SeeSpotBid mobile application (the "Licensed Application") and any related websites, features, and services we provide (collectively, the "Services"). By downloading, installing, or using the Licensed Application or Services, you agree to this EULA. If you do not agree, do not use them.
Platform Availability. The Licensed Application may be distributed through one or more marketplaces (for example, the Apple App Store and Google Play). This EULA applies regardless of where you obtained the Licensed Application, and may include additional marketplace-specific terms below. If you obtained the Licensed Application through a marketplace, you may also be subject to that marketplace's terms.
Privacy. See our Privacy Policy for details on how we collect, store, and share user information.
Age Restrictions. The Services and Licensed Application are not intended for users who are under the age of 13. In order to use the Services and Licensed Application, you must be 13 years of age or older. By using them, you represent and warrant that you are 13 years of age or older.
License Grant. Subject to your compliance with this EULA, we grant you a personal, limited, revocable, non-exclusive, non-transferable license to install and use the Licensed Application for your own personal, non-commercial use (unless we explicitly authorize otherwise in writing).
Restrictions. You may not (and may not permit others to) copy, modify, reverse engineer, decompile, disassemble, attempt to derive the source code of, or create derivative works of the Licensed Application, except to the extent permitted by applicable law. You may not use the Licensed Application in a manner that violates applicable laws, infringes rights, or interferes with others' use of the Services.
Affiliate Disclaimer. When you click on a link to a merchant site provided through our Services, this can result in us receiving a commission. Affiliate programs include, but are not limited to, the eBay Partner Network.
Your Content and Permissions. Your use of our Services grants us a non-exclusive, worldwide, royalty-free license to do the things we need to do to provide the Services, including but not limited to storing, displaying, reproducing, and distributing your saved SeeSpotBid searches and usage data. This license extends to trusted third parties we work with.
Account Security. SeeSpotBid does not ask for, use, or store your eBay credentials. You are responsible for safeguarding your eBay password and keeping your account information current. SeeSpotBid allows the creation of a local account used for saving and retrieving user data, such as saved searches or purchased subscriptions. These account credentials consist of an email address and password. Passwords are never transmitted unencrypted, and only a secure hashed version is stored on our servers to be used for authentication.
Intellectual Property. The Licensed Application and all materials contained therein, including, without limitation, Kaverk or SeeSpotBid logos, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Kaverk Materials") are the property of Kaverk LLC or its licensors or users and are protected by U.S. and international intellectual property laws. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Kaverk, SeeSpotBid, or third-party trademarks.
Termination. You are free to stop using the Services at any time. We also reserve the right to suspend or end the Services and/or terminate this EULA at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you fail to comply with this EULA, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services. Upon termination, you must stop using the Licensed Application and delete all copies in your control.
Disclaimer of Warranties. Kaverk makes no warranties of any kind with respect to SeeSpotBid or your use of the Services and represents all capabilities “as-is” with no indications or guarantees to the veracity of displayed data, the availability or punctuality of scheduled searches of saved searches, or the delivery of scheduled Push Notifications.
Limitation of Liability. To the maximum extent permitted by law, Kaverk shall not have any liability for any indirect, incidental, consequential, special, exemplary, or damages under any theory of liability arising out of, or relating to, this EULA or your use of SeeSpotBid. As a condition of access to SeeSpotBid, you understand and agree that Kaverk's liability shall not exceed $3.42 (or the maximum permitted by law).
Indemnification. You will indemnify, defend, and hold Kaverk, its subsidiaries, affiliates, officers, and employees, harmless from any and all claims, damages, losses, liabilities, actions, judgments, costs, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or in connection with: (i) any act or omission by you, in connection with your use of SeeSpotBid or (ii) your breach or alleged breach of any of this EULA. Kaverk may, at its option, elect to take over control of the defense and settlement of a claim subject to indemnification. You agree not to settle any such claim without the prior written consent of Kaverk.
Arbitration Agreement. We both agree to resolve any disputes arising out of this EULA or your use of SeeSpotBid through final and binding arbitration. Arbitration is a less formal procedure than a lawsuit in court, with the goal of resolving disputes more quickly. We both agree to waive our rights to have our claims decided by a judge or jury. Instead, the arbitration shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with the Rules. The arbitration will be held in the United States county where you live or work, Denver (CO), or any other location we agree to, and shall be conducted in the English language. The arbitrators' decision may be enforced in any court of competent jurisdiction. Kaverk will pay all arbitration fees. The prevailing party shall be entitled to costs and attorneys' fees, but Kaverk will not seek its attorneys' fees and costs in arbitration unless the arbitrators determine that your claim is frivolous.
Exceptions to Agreement to Arbitrate. Claims for injunctive or equitable relief or claims regarding intellectual property rights may be brought in any competent court without the posting of a bond.
No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
Governing Law. You agree that this EULA, and your use of SeeSpotBid, are governed by Colorado law, in the United States of America, without regard to its principles of conflicts of law.
Source of Terms. Portions of this content have been adapted with permission from the Cloudup Terms of Service, which is released under the Creative Commons Sharealike License 4.0 and available on Github. We would like to thank their parent company Automattic for their generosity in sharing this and similar documents.
If you obtained the Licensed Application from the Apple App Store or are using it on an Apple-branded product, the following terms apply and are intended to satisfy Apple's minimum EULA requirements.
Acknowledgement (Apple). Kaverk LLC (Developer) and the End-User acknowledge that this EULA is concluded between the Developer and the End-User only, and not with Apple, and the Developer, not Apple, is solely responsible for the Licensed Application and the content thereof. This EULA may not provide for usage rules for the Licensed Application that are in conflict with the Apple Media Services Terms and Conditions (which the Developer acknowledges having had the opportunity to review).
Scope of License (Apple). The license granted to the End-User for the Licensed Application is limited to a non-transferable license to use the Licensed Application on any Apple-branded Products that the End-User owns or controls and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that such Licensed Application may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing.
Maintenance and Support (Apple). The Developer is solely responsible for providing any maintenance and support services with respect to the Licensed Application. The Developer and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
Warranty (Apple). The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, the End-User may notify Apple, and Apple will refund the purchase price for the Licensed Application to that End-User (to the extent applicable); and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Developer's sole responsibility.
Product Claims (Apple). The Developer and the End-User acknowledge that the Developer, not Apple, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights (Apple). The Developer and the End-User acknowledge that, in the event of any third party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes that third party's intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
Legal Compliance (Apple). The End-User represents and warrants that (i) he/she is 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) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
Developer Contact. Kaverk LLC is located in Boulder, Colorado, USA. For questions, complaints, or claims regarding the Licensed Application, contact: support@seespotbid.app.
Third Party Terms of Agreement. The End-User must comply with applicable third party terms of agreement when using the Licensed Application (for example, if using features that involve wireless data, not violate any wireless data service agreement).
Third Party Beneficiary (Apple). The Developer and the End-User acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of this EULA, and that, upon the End-User's acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against the End-User as a third party beneficiary thereof.
Google Play Terms. If you obtained the Licensed Application from Google Play, you acknowledge that Google is not a party to this EULA, and Google has no obligation to provide maintenance or support for the Licensed Application. To the extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Licensed Application, and you agree to look solely to the Developer for any product-related claims, support requests, or warranty issues.