PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR SERVICES IN ANY MANNER.
Reference to “Company” means the company that is applying for or has opened a BILL Spend & Expense Account to use the Services. Reference to “You” or “you” means an individual authorized to use the Services on behalf of the Company.
If you accept or agree to these Terms of Service on behalf of a Company or other legal entity, you represent and warrant that you have the authority to bind that Company or other legal entity to these terms and conditions and, in such event, “you” and “your” will refer and apply to that company or other legal entity in addition to you.
Please read the following to learn the rules and restrictions that govern your use of our platform, website(s), mobile application(s) and associated Accounts or Cards (“ Services”). If you have any questions regarding these terms or our Services, please contact us at spendsupport@hq.bill.com.
These Terms of Service are a binding contract between you and DivvyPay, LLC, an affiliate of Bill.com, LLC (“ BILL,” “we”, “our” and “us”).These Terms of Service together with the Privacy Policy, the Rewards Program, the BILL Business Charge Card Agreement, and the BILL Payment Agreement are referred to as the Terms. Your use of our Services in any way means that you agree and consent to all of these Terms, and these Terms will remain in effect at all times while you use our Services. For the applicable Charge Card Agreement please identify the issuer listed on the back of physical Cards issued to you.
1. Modification
We reserve the right, at our sole discretion, to modify, discontinue, or terminate your use of our Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on our website or otherwise provide you with notice of the modification. We will also update the “Effective Date” at the top of these Terms. By continuing to access or use our Services after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to immediately cease using our Services.
Certain portions of our Services or new features may require you to agree with and accept supplemental terms and conditions before being accessible., or may in the future, have different terms and conditions posted on our website and may require you to agree with and accept additional terms and conditions. We may, in our sole discretion, make premium or different applications, software, or services available to you that are subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms and terms and conditions posted for a specific portion of our Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of our Services.
2. Privacy
See our current Privacy Policy for information and notices regarding our collection and use of personal information.
3. Eligibility
By accessing or using our Services you represent and warrant that:
4. Account Registration
In order to access our Services, you must register to create an account at BILL (“Account”) and become a BILL Spend & Expense member. When registering you agree to: (a) provide information (“Registration Data”) that will help in identifying you, authorized signers, or beneficial owners which can include information such as name, address, date of birth, Employee Identification Number, Social Security Number and Beneficial Ownership information (b) we may also ask to see other identifying documents including a driver's license and related business documents. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of our Services (or any portion thereof).
You may not authorize any third party (other than, if applicable, the employees, consultants or agents of the Company) to access or use our Services on your behalf. You are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify us of any unauthorized use of your user ID or password or any other breach of security. We cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
5. Notice and Communication
You consent to receiving Notice and account statements electronically and understand that this consent has the same legal effect as receiving a written copy. You will receive notices to the email address and/or mobile number provided to BILL. These notices may include email, push notification, text or SMS messages (“Communication Channels”) providing information or alerts about Services, Cards, or transactions, and may allow you to provide information back to BILL. From time to time, we will use these Communication Channels to send you notifications about product updates and improvements, company news and events, and updates from the BILL Spend & Expense community. You may elect to not receive certain Notices.
You are required to maintain an updated web browser, updated mobile device operating systems, updated BILL application, and reliable internet access to receive Notices correctly.
6. Fees and Payment
Some of our Services are free for BILL Spend & Expense members. If you choose to upgrade to paid services or to provide payment information to us after being prompted to do so, you agree to the pricing, payment, and billing policies as set forth (a) herein, (b) on our website or the mobile application, and/or (c) if applicable, in a separately executed or accepted purchase order. All fees paid for our Services are non-refundable and non-transferable except as may be expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted, or imposed in the future on the delivery of our Services and/or any related transactions.
If your selected package of our Services requires a recurring subscription fee, such subscription fee will automatically renew, unless we terminate it, or you notify us by email at spendsupport@hq.bill.com of your decision to terminate your current package of our Services. You must cancel any such package of our Services before renewal in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
7. Security of User Login Credentials
Users are solely responsible for maintaining the confidentiality of login credentials. To the extent allowed by law, you accept responsibility for all activities on your account authenticated through user login credentials, including all payment instructions provided to BILL Spend & Expense, whether authorized or not. Each user agrees to keep user login credentials confidential and secure, and users will not give or make login credentials available, directly or indirectly, to any unauthorized individual. You acknowledge and agree that if users allow, whether through action or inaction, a person to gain access to login credentials, with or without permission, the user is authorizing that person to use the Service, and you will be responsible for all transactions that result from such access, even if they are unauthorized, fraudulent, or you did not want the transactions performed.
Commercially Reasonable Security Procedures. You acknowledge and agree that Our security procedures are a commercially reasonable method of verifying your identity and payment instructions, providing security against unauthorized payment instructions and fraud, and protecting your BILL Spend & Expense account.
Lost, Stolen or Compromised Account or Login Credentials. You agree to immediately notify BILL’s Customer Support at spendsupport@hq.bill.com if you believe that your BILL Spend & Expense account has been compromised or accessed without authorization, or any user’s login credentials have been lost, stolen or compromised, or that someone has attempted or may attempt to make or request payments through your BILL Spend & Expense account without authorization.
8. Using the Account
To the extent allowed by law, you agree to be bound by all payment instructions or transactions initiated from your Account, whether or not authorized. You agree that you will be liable for all losses or payments resulting from the theft, loss, compromise, or unauthorized use of your BILL Spend & Expense account or user login credentials, unless: (a) you have notified BILL of possible theft, loss, compromise, or unauthorized use; and (b) we have had a reasonable opportunity to act on that notice. You will also be responsible for any losses or unauthorized payments resulting from any fraudulent or illegal compromise of your systems. You agree that you will be responsible and liable for payments or transfers containing inaccurate instructions or other errors, unless limited by law.
Upon your timely report, we may, in our sole discretion, use good faith measures to attempt to reverse and recover any unauthorized or erroneous payments or transfers on your behalf, but BILL will have no responsibility, obligation, or liability in relation to such payments or transfers or any reversal or recovery attempts.
Authorized Payers. By entitling a user to make payments through the Service (a “Payer”), you represent and warrant to us that the Payer is authorized to instruct BILL to make payments and to initiate debit or credit entries, as applicable, to or from any depository account which is linked to or otherwise associated with the Services or from which payments are made using the Services (“ Pay Account”), as provided under these Terms, the terms of the financial institution holding the Pay Account, and any applicable laws, regulations or rules. You will be responsible for any and all payments requested or authorized by a Payer, whether or not authorized by you.
Payment Instructions. When we receive a payment instruction from you or any Payer, we will use commercially reasonable efforts to make and deliver the payment, subject to these Terms, and you authorize us to debit your Pay Account and remit funds on your behalf, all in accordance with the payment instructions. You agree to be bound by any payment instructions that you or any Payer provides to us, to the fullest extent allowed by law.
Rights We Reserve. BILL Spend & Expense reserves the right to limit or cap or to refuse to make any payment transaction requested or initiated through the Service, for any reason, in BILL’s sole discretion, without BILL incurring any liability to you. By using the Service, you grant to us, and BILL reserves the right to suspend or cancel any payments requested or initiated by you or a Payer, including if your BILL Spend & Expense account is not in good standing. In the event that we suspend or cancel your payment, BILL will credit the amount of any electronic ACH debit(s) received by us to fund the payment to your Pay Account, and you authorize BILL, in its sole discretion, to withhold and collect from any such credit(s) any service fees or other amounts owed by you to BILL.
Payment Instruction Authorizations. You authorize us to follow the payment instructions that we receive from you or a Payer to pay a third party. In order to process payments more efficiently and effectively, we may alter payment data or data formats for a third party, in our sole discretion and without notice to you.
9. Payments to BILL
You are responsible for payment in full of all charges, fees, fines and other amounts owed by you to BILL. You must maintain at least one linked account at all times. You represent and warrant that all linked accounts belong to you and authorized us to verify that the account details you provide for your linked account are correct.
Debits. When You submit a prepayment to your Account , you authorize BILL Spend & Expense to process a debit from your Pay Account for the amount of the prepayment . If a debit from your Pay Account to fund the prepayment is rejected or returned by your bank for any reason, YOU UNDERSTAND AND AGREE THAT YOU CONTINUE TO BE RESPONSIBLE FOR FUNDING THE PAYMENT AMOUNT AND AGREE TO PAY THE AMOUNT OF THE RETURNED DEBIT DIRECTLY TO BILL WITHIN 5 BUSINESS DAYS. You agree that we may resubmit a returned or rejected debit to any Pay Account in our sole discretion. You agree to pay all penalties, interest charges, late payment fees, service fees, and/or interest related to the rejected or returned funding debit. If an ACH debit processed by us from your Pay Account is rejected or returned for any reason, we reserve the right to suspend any and all payments from your BILL Spend & Expense Account, or to terminate your BILL Spend & Expense Account, all in our sole discretion in addition to other rights and remedies we have under the law and these Terms.
Payment Cancellation. You understand and agree that when you authorize a payment to be made to a third party through the Service, your authorization remains in effect for up to 30 days. Payments that are scheduled but have not yet begun to be processed may be cancelled and, if a change is needed, reissued, through your Pay Account. Once BILL has begun to process a payment, the payment cannot be cancelled, and you must request to void the payment.
Void Payment Requests. To stop a payment after BILL Spend & Expense has begun to process it, you must request to void the payment through the Service (“Void Payment Request”). If You submit a Void Payment Request, BILL Spend & Expense will use commercially reasonable efforts to stop the payment, but you understand and agree that BILL may not be able to stop the payment. BILL’s ability to stop a payment depends on a number of factors, including but not limited to the payment method and whether the payment has cleared the third party’s account. You agree that BILL Spend & Expense will not have any liability for failing to stop a payment that has begun to process. A Void Payment Request may be subject to a fee.
You are solely responsible for the accuracy of the payment information or the payment instructions provided to BILL. If a payment is refused or returned, BILL Spend & Expense will void the payment, unless BILL Spend & Expense in its sole discretion agrees to take other action on the payment such as crediting or reissuing the payment. If a returned or refused payment is voided, you authorize BILL to credit the amount of the payment to your Pay Account, less any service fees or other amounts owed by you to BILL.
ACH Applicable Rules and Law. Your use of the Service will include your consent and authorization for BILL Spend & Expense to process and originate electronic ACH debits and credits. You agree that all electronic ACH transactions requested or processed in connection with your Pay Account or your use of the Service are subject to these Terms, the Operating Rules of the National Automated Clearing House Association (“Nacha Rules”), and all other applicable laws, rules and regulations, which may include Uniform Commercial Code Article 4A. For purposes of the Nacha Rules, BILL Spend & Expense is an “Originator” or a “Third Party Service Provider” or a “Third Party Sender.” BILL reserves the right to refuse to make any payment through the ACH Network, for any reason, in BILL’s sole discretion.
Your Agreement and Representations. For purposes of ACH debits and credits, and all electronic payments made or received through the Service, you:
Returns and Maintaining Sufficient Funds. When using the Service, you understand and agree that it may take more than 60 days for BILL Spend & Expense to receive notice of the return or reversal of an ACH debit and/or to exercise any rights granted or reserved under these Terms. You agree at all times to maintain sufficient funds in your Pay Account to satisfy all obligations to BILL Spend & Expense in connection with your Pay Account or your use of the Service, including returns, reversals, and associated fees, and to add funds immediately if BILL Spend & Expense notifies you that your funds are insufficient.
License granted by BILL Spend & Expense
We shall own and retain all right, title, and interest in and our Services (except for any licensed content and software components included therein). You agree not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of our Services or otherwise use our Services in any way that violates the use restrictions contained in these Terms. We do not grant you any license, express or implied, to any of our intellectual property or that of our licensors. You further acknowledge and agree that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of our Services is considered our confidential and proprietary information (collectively “BILL Spend & Expense Confidential Information”).
You shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by you to BILL Spend & Expense in connection with its use our Services and (b) reports and other materials generated by our Services following such transmission (collectively, “Member Data”), provided, however, that you hereby grant to us a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of your use of our Services solely for purposes of (x) maintaining and improving our Services and (y) providing you with access to special product offers and promotions and (ii) non-identifiable, anonymous, aggregated data regarding your use of our Services compiled by us.
Our graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of BILL Spend & Expense in the U.S. and/or other countries. Our trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without our prior written permission.
You shall retain all right, title and interest in and to all of your logos, promotional graphics and related marketing designs (collectively, the “Member Art”), provided, however, that you hereby grant to us a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as your corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing our products and services to third parties.
General Prohibitions
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any content or otherwise use our Services or interact with our Services in a manner that:
A violation of any of the foregoing is grounds for immediate termination of your right to use or access our Services.
Digital Millennium Copyright Act Notice
If you believe that your intellectual property rights have been violated by something on our Services, please contact our copyright agent as follows:
DivvyPay, LLC
Attention: Copyright Agent
13707 S. 200 W., Suite 100
Draper, Utah 84020
and provide the following information:
Third-Party Services
Our Services may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by BILL Spend & Expense (collectively “Third-Party Services”). Third-Party Services may have their own terms of use, licenses or privacy policies, and may have different practices and requirements from BILL. For example, if You access or use the Google Maps Platform (“Google Maps”) through the Service, Your use of Google Maps is subject to Google’s Terms of Service and the Google Privacy Policy. You acknowledge and agree that BILL has no control over and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by BILL of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms are solely between you and such third parties. You agree that BILL Spend & Expense shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave our Services and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve BILL from any and all liability arising from your use of any third-party website or services or third-party content.
Termination and Account Cancellation
If you breach any of these Terms, we have the right to suspend, disable or terminate your Account or terminate these Terms, at our sole discretion and without prior notice to you. We reserve the right to revoke your access to and use of our Services at any time, with or without cause. In the event BILL Spend & Expense terminates these Terms, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time by sending an email to spendsupport@hq.bill.com.
BILL may determine when, how, and under what conditions you may qualify for, accrue, redeem and retain rewards, and BILL may modify these conditions with or without Notice to you. Certain Services or associated card use or spend may be eligible for rewards. Rewards may be subject to caps, revocation, or forfeiture as set forth in the Rewards Terms. All rewards offered are subject to the Rewards Terms and additional offer specific terms as applicable.
Additional Terms
You agree that these Terms are governed by and will be construed under the laws of the State of Utah, without regard to the conflicts of laws provisions thereof. You also agree that any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Salt Lake County, Utah, in English, in accordance with the arbitration rules of Judicial Arbitration and Mediation Services, Inc (JAMS) or the Streamlined Arbitration Rules and Procedures of the American Arbitration Association ("AAA") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS or AAA arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Salt Lake County, Utah, or the District of Utah. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.--
To the fullest extent allowed by applicable law, you agree to indemnify and hold us and our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of our Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
You agree that these Terms are governed by and will be construed under the laws of the State of Utah, without regard to the conflicts of laws provisions thereof. You also agree that any dispute arising from or relating to the subject matter of these Terms shall be finally settled in Salt Lake County, Utah, in English, in accordance with the Streamlined Arbitration Rules and Procedures of the American Arbitration Association ("AAA") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Salt Lake County, Utah, or the District of Utah. Any arbitration under these Terms will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Our Services are provided “as is” and without warranty. You acknowledge and agree that from time to time, our Services may be delayed, interrupted or disrupted for an indeterminate period of time. Such events may include, without limitation: server updates, software updates, power outages, equipment malfunctions, natural disasters, attacks on infrastructure by hackers or terrorists, and interruptions or delays in transmission by your telecommunications carrier. We and our affiliates are not liable for any claim arising from any such delay, interruption, disruption or similar failure. In no event will we or our affiliate be liable for indirect, consequential or special damages, including lost profits, arising from your use of our Service, even if such damages were reasonably foreseeable and notice was given regarding them. These limitations will apply to all causes of action, whether arising from breach of contract, tort (including negligence) or any other legal theory.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with our Services, provided that we may, in our sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You agree that these Terms are the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of BILL Spend & Expense, and you do not have any authority of any kind to bind us in any respect whatsoever. Except as expressly set forth in the section below regarding the Apple specific terms and conditions, you agree there are no third-party beneficiaries intended under these Terms.
You may not use, export, re-export, import, or transfer our Services except as authorized by United States law, the laws of the jurisdiction in which you obtained our Services, and any other applicable laws. In particular, but without limitation, our Services may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using our Services, 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. You also will not use our Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
BILL Spend & Expense agrees to maintain your data and run your services in a manner compliant with PCI requirements, and an AOC is available upon request.
We do not discriminate on the basis of race, creed, color, ethnicity, national origin, religion, sex, sexual orientation, gender expression, age, height, weight, physical or mental ability, veteran status, military obligations, and marital status.
Apple Specific Terms and Conditions
In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the iPhone, iPad or iPod Touch compatible version of the licensed mobile application (also called the “Licensed Application”).
This Licensed Application is an agreement between you and us. Apple Inc. (“Apple”) is not a party to these Terms and does not own and is not responsible for the Licensed Application. Apple is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third-party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.
The license you have been granted herein is limited to a non-transferable license to use the Licensed Application on any iPhone, iPad or iPod Touch device that you own or control, as permitted by the usage rules set forth in the App Store℠ Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the Licensed Application, such as your wireless data service agreement.
You hereby represent and warrant (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.
You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Terms of Use agreement against you as a third-party beneficiary thereof.
Apple, iPhone, iPad, and iPod Touch are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Watch is a trademark of Apple Inc. App Store is a service mark of Apple Inc.
Alphabet (Google/Android) Specific Terms and Conditions
In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the Android-compatible version of the licensed mobile application (also called the “Licensed Application”).
This Licensed Application is an agreement between you and us. Alphabet Inc. (“Alphabet”) is not a party to these Terms and does not own and is not responsible for the Licensed Application. Alphabet is not providing any warranty for the Licensed Application, except if applicable, to refund the purchase price for it. Alphabet is not responsible for maintenance or other support services for the Licensed Application and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Licensed Application, including, without limitation, any third-party product liability claims, claims that the Licensed Application fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the Licensed Application, including those pertaining to intellectual property rights, must be directed to us at the address provided in the ‘Contact Us’ section of the Licensed Application.
The license you have been granted herein is non-exclusive, worldwide, and perpetual to perform, display, and use the Licensed Application on the device. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the Licensed Application, such as your wireless data service agreement.
You hereby represent and warrant (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.
You acknowledge and agree that Alphabet and Alphabet’s subsidiaries are third-party beneficiaries of these Terms and that, upon your acceptance of the terms and conditions of these Terms, Alphabet will have the right (and will be deemed to have accepted the right) to enforce these Terms you as a third party beneficiary thereof.
Alphabet, Google, Google Play, Android and other marks are trademarks of Alphabet Inc., registered in the U.S. and other countries.