BY CLICKING THE “ACCEPT” BUTTON OR DOWNLOADING OR USING A MOBILE APPLICATION (EACH
AN “APP”), YOU ARE ENTERING INTO AND AGREEING TO BE BOUND BY THESE MOBILE APP END USER TERMS, IN ADDITION
WORDS OR PHRASES NOT DEFINED IN THIS MOBILE APP END USER TERMS HAVE THE MEANING GIVEN TO THEM IN
THE PERITUS GENERAL TERMS OF SERVICE.
1.1 PERITUS grants you a revocable, non-exclusive, non-transferrable, limited
right to install and use the App on a mobile telephone or other device controlled by you (each a “Mobile
Device”), and to access and use the Services on such Mobile Device strictly in accordance with the
PERITUS General Terms of Service for the purposes PERITUS makes such Services available.
2.1 A license to use an App does not transfer to you any right, title or interest in
or to any of PERITUS’s intellectual property rights or those of our suppliers or licensors. Such
intellectual property rights include those on our Legal Notices page. The App has been licensed, not sold,
to you. Other than the limited license granted, you have no other right, title or interest in the Service,
Software or Documentation. Any rights not expressly granted to you are fully reserved by us and our
suppliers or licensors, as applicable, and no such rights are conferred by estoppel, operation of law,
implication or otherwise. PERITUS does not grant to you, any express or implied rights (whether by
implication, estoppel or other legal theory) in or to any Intellectual Property (or the unauthorized use
of the Intellectual Property) and all such rights are retained by PERITUS and its licensors. You shall
not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrPeritust
the App; (ii) make any modification, adaptation, improvement, enhancement, translation or derivative work
from the App; (iv) remove, alter or obscure any proprietary notice (including any notice of copyright or
trademark) of PERITUS or its affiliates, partners, suppliers or the licensors of the Services or otherwise
obscure or modify the manner in which the Services are displayed by means of the App; (v) install, use or
permit the App to exist on more than one Mobile Device at a time or on any other mobile device or
computer, other than by means of your separate downloads of the App, each of which is subject to a
separate license (this restriction however does not limit your right to reinstall the App on the specific
Mobile Device for which it was downloaded); (vi) distribute or link the Services to multiple Mobile
Devices or other services; (vii) make the Services available over a network or other environment
permitting access or use by multiple Mobile Devices or users at the same time.
2.2 Portions of each App may subject to terms, rules, and notices provided on the Legal Notices page,
including open source licenses, provided by PERITUS’s licensors. Any licenses granted pursuant to this
Mobile App End User Terms do not alter any rights and obligations you may have under such terms, rules,
and notices. By using the App, you agree that you have read, understand and agree to be bound by such
terms, rules, and notices on the Legal Notices page. The licensors listed in on the Legal Notices page are
intended third-party beneficiaries of the applicable terms of this Mobile App End User Terms, and your
acceptance of this Mobile App End User Terms means the licensors shall have the right to enforce this
Mobile App End User Terms against you as a third-party beneficiary.
2.3 You may not use or otherwise export or re-export the Services or App except as authorized by United
States law and the laws of the jurisdiction(s) in which any Service or the App was obtained. You represent
and warrant that you are not (i) located in any country that is subject to a U.S. Government embargo, or
that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any
U.S. Government list of prohibited or restricted parties including the Treasury Department's list of
Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You
also agree that you will not use the Services or the App for any purposes prohibited by United States law.
2.4 PERITUS reserves the right to change these Terms and Conditions at its sole discretion at any time
without prior notice.
3.1 PERITUS has no obligation to maintain or support any App. PERITUS may, without
further notice to you, periodically access your Mobile Device remotely to update, modify, add to or
upgrade the App. In rare instances, such updates, modifications, additions or upgrades may cause data loss
or other issues. You are solely responsible for regularly backing your data to prevent this from
3.2 You acknowledge and understand that certain Services or aspects of the App require and utilize phone
service, data access or text messaging capability. Except as otherwise noted as part of the Services,
PERITUS does not charge for the use of Services, but carrier rates for phone, data and text messaging may
apply and you are responsible for any such charges.
3.3 The functional use of the Services and App may be dependent on the data related to your geographic
location and geopositional data, and you acknowledge and agree that your failure to provide (or make
accessible) that data may limit the functionality of the Services and the App. PERITUS makes no warranty
with respect to the accuracy of Services provided to you in reliance on location and geopositional data
provided by you, the App or via your Mobile Device.
3.4 The Service may contain links to third party web sites or services that are not owned or controlled
by PERITUS. PERITUS has no control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third party web sites or services. You further acknowledge and agree that PERITUS
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any such content, goods or services available on or
through any such web sites or services. We strongly advise you to read the terms and conditions and
privacy policies of any third party web sites or services that you visit.
4.1 PERITUS makes no representation that any third party mobile device platform or
service provider has endorsed the Services, and you should not rely on the availability of the App by
means of any App catalog, storefront, or other means of downloading as an endorsement of the App, the
Services or PERITUS generally. In no event shall any third party mobile device platform or service
provider have any obligation to you whatsoever to furnish any maintenance and support services with
respect to the App.
4.2 NEITHER PERITUS, NOR ANY OF ITS ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS, WARRANTS THAT
THE APP WILL BE COMPATIBLE OR INTEROPERABLE WITH YOUR MOBILE DEVICE OR ANY OTHER PIECE OF HARDWARE,
SOFTWARE, EQUIPMENT OR DEVICE INSTALLED ON OR USED IN CONNECTION WITH YOUR MOBILE DEVICE. FURTHERMORE, YOU
ACKNOWLEDGE THAT COMPATIBILITY AND INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR MOBILE
DEVICE TO DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR MOBILE DEVICE, LOSS OF
THE DATA LOCATED ON YOUR MOBILE DEVICE, AND CORRUPTION OF THE SOFTWARE AND FILES LOCATED ON YOUR MOBILE
DEVICE. YOU ACKNOWLEDGE AND AGREE THAT PERITUS AND ITS AFFILIATES, PARTNERS, SUPPLIERS, LICENSORS, AND
ASSOCIATED MOBILE DEVICE PLATFORM AND SERVICE PROVIDERS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSSES
SUFFERED RESULTING FROM OR ARISING IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.
THE USER, WHETHER AN INDIVIDUAL OR ADVERTISER, OF THE SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE
USE OF THE APP AND SERVICES GENERALLY.
4.3 To the maximum extent permitted by applicable law, in no event shall PERITUS be liable for any direct,
indirect, punitive, incidental, special, consequential damages or any damages whatsoever including,
without limitation, damages for loss of use, data or profits, arising out of or in any way connected with
the use or performance of the App or any of the Peritus websites.
4.4 General . If any portion of this Agreement is found to be unlawful, void or unenforceable for any
reason whatsoever, the unenforceable provision may be severed from this Agreement and shall not affect the
validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete
agreement concerning the subject matter hereof, and supersedes all prior agreements and representations
between PERITUS and you. You agree to pay all reasonable attorneys' fees and other costs incurred by
PERITUS to enforce any of the terms and conditions of this Agreement. This Agreement shall be governed and
construed in accordance with the laws of the Commonwealth of Virginia, U.S.A. applicable to agreements
made and to be performed in the Commonwealth of Virginia, without reference to its choice-of-law
provisions. You agree that any legal action or proceeding between you and PERITUS for any purpose
concerning this Agreement or the parties' obligations hereunder will be brought exclusively in a federal
or state court of competent jurisdiction sitting in the Commonwealth of Virginia, U.S.A.