End-User License Agreement
Last Updated: April 27, 2024
1. Agreement to Terms
This End-User License Agreement ("Agreement") is a binding legal agreement between you (either an individual or a single entity, referred to as "you" or "Customer") and Reel Time Apps Inc. ("Company," "we," "us," or "our"), concerning your use of Tee Time Apps software and services (collectively, the "Service").
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you may not access or use the Service.
2. License Grant
Subject to your compliance with this Agreement and payment of applicable subscription fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Service solely for your internal business operations
- Allow your authorized users (employees, members, and customers) to access and use the Service
- Use the Service in accordance with the features and limitations of your subscription plan
3. License Restrictions
You agree not to:
- Copy, modify, or create derivative works of the Service
- Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service to any third party
- Use the Service to develop a competing product or service
- Remove, alter, or obscure any proprietary notices on the Service
- Use the Service in any manner that violates applicable laws or regulations
- Interfere with or disrupt the integrity or performance of the Service
- Attempt to gain unauthorized access to the Service or its related systems
4. Subscription and Fees
Use of the Service requires a paid subscription. Subscription fees are billed on a monthly or annual basis as selected by you. You agree to:
- Pay all subscription fees when due
- Provide accurate and complete billing information
- Update your payment information promptly if it changes
- Authorize us to charge your payment method for all fees incurred
We reserve the right to modify subscription fees with 30 days' prior notice. Continued use of the Service after fee changes constitutes acceptance of the new fees.
5. Customer Responsibilities
As a subscribing organization, you are responsible for:
- Maintaining the confidentiality of your account credentials
- All activities that occur under your account
- Ensuring your users comply with this Agreement
- The accuracy and legality of any data you upload to the Service
- Obtaining any necessary consents from your members and customers
- Complying with all applicable laws and regulations in your use of the Service
6. End-User Access
The Service allows your members and customers ("End Users") to access features through mobile applications and web interfaces at no charge to them. End Users' access is governed by this Agreement and any additional terms you establish. You remain responsible for your End Users' use of the Service.
7. Data and Privacy
Our collection, use, and protection of data is governed by our Privacy Policy, which is incorporated into this Agreement by reference. You acknowledge and agree that:
- You retain all rights to your customer data
- We may use aggregated, anonymized data for analytics and service improvement
- We implement reasonable security measures to protect data
- Our roles and obligations as processor are set out in the Data Processing Addendum, which forms part of this Agreement when we process customer data on your behalf
- You are responsible for complying with applicable privacy laws
8. Intellectual Property
The Service and all related technology, software, and content (excluding your customer data) are and remain our exclusive property or the property of our licensors. This includes all copyrights, trademarks, patents, trade secrets, and other intellectual property rights. Your use of the Service does not grant you ownership of any intellectual property rights in the Service.
9. Service Availability and Modifications
We strive to provide reliable service but cannot guarantee uninterrupted access. We reserve the right to:
- Modify, suspend, or discontinue any aspect of the Service with reasonable notice
- Perform scheduled maintenance with advance notification when possible
- Implement emergency maintenance as needed
We are not liable for any disruption to your business resulting from service modifications or unavailability.
10. Term and Termination
This Agreement begins when you first access the Service and continues until terminated. Either party may terminate this Agreement:
- You may cancel your subscription at any time through your account settings
- We may terminate for cause if you breach this Agreement
- We may terminate for convenience with 30 days' notice
Upon termination:
- Your access to the Service will cease
- You remain responsible for any fees incurred before termination
- We will provide you with access to export your data for 30 days
- We may delete your data after the export period
11. Warranties and Disclaimers
We use commercially reasonable efforts to provide the Service in accordance with our documentation. Except as expressly stated in this Agreement:
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
We do not warrant that:
- The Service will meet your specific requirements
- The Service will be uninterrupted, timely, secure, or error-free
- The results obtained from use of the Service will be accurate or reliable
- Any errors in the Service will be corrected
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICE.
OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
13. Indemnification
You agree to indemnify, defend, and hold harmless Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising from:
- Your use of the Service
- Your violation of this Agreement
- Your violation of any rights of another party
- Your customer data or End Users' use of the Service
14. Third-Party Services
The Service may integrate with third-party services (such as payment processors, door access systems, or accounting software). Your use of third-party services is subject to their respective terms and conditions. We are not responsible for any third-party services or their performance.
15. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions.
Any disputes arising from this Agreement shall be resolved through binding arbitration in Palm Beach County, Florida, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs of arbitration.
16. Changes to This Agreement
We may modify this Agreement from time to time. We will provide notice of material changes by:
- Posting the updated Agreement on our website
- Sending email notification to your account email address
- Providing in-application notifications
Your continued use of the Service after changes become effective constitutes acceptance of the modified Agreement. If you do not agree to the changes, you must discontinue use of the Service.
17. General Provisions
Entire Agreement: This Agreement, together with our Privacy Policy, constitutes the entire agreement between you and us regarding the Service.
Severability: If any provision of this Agreement is found to be unenforceable, the remaining provisions will continue in full force and effect.
Waiver: Our failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.
Assignment: You may not assign this Agreement without our prior written consent. We may assign this Agreement without restriction.
Force Majeure: Neither party shall be liable for any failure to perform due to causes beyond its reasonable control.
18. Contact Information
If you have questions about this Agreement, please contact us at:
Reel Time Apps Inc.
Email: app@teetimeapps.com
Phone: +1 (561) 972-3929
Acknowledgment: By using the Service, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.