End User License Agreement
Effective August 17, 2026 · Applies to the EuVio app and euvioapp.com
Important legal notice
This End User License Agreement is a binding contract. It contains mandatory binding individual arbitration, a class-action waiver, an assumption of risk, release of claims, disclaimer of warranties, limitation of liability, and indemnity. Please read it carefully. By acquiring, downloading, installing, accessing, or using EuVio, you acknowledge that you have read, understood, and agreed to it.
1. Agreement and licensor
This End User License Agreement (the “Agreement”) governs your acquisition, download, installation, access to, and use of the EuVio application (the “Licensed Application”), its documentation, this website, and any related features, updates, or materials (collectively, the “Licensed Materials”). The Licensed Materials are licensed by Jason Grooms, operating as Shady Valley Software (“Licensor,” “we,” “us,” or “our”), an independent developer located in Kern County, California, United States.
If you do not agree to every provision of this Agreement, do not acquire, download, install, access, or use the Licensed Materials, and remove the Licensed Application from your devices. If you use the Licensed Materials on behalf of an organization, you represent that you have authority to bind that organization, and “you” includes both you and that organization.
If you are not old enough to form a binding contract where you live, a parent or legal guardian must review and accept this Agreement for you and supervise your use. The Licensed Materials are not directed to children under 13.
No services are offered
LICENSOR LICENSES EUVIO AS A SOFTWARE PRODUCT ONLY. LICENSOR IS NOT OFFERING, UNDERTAKING, OR CONTRACTING TO PROVIDE ANY HOSTED, MANAGED, PROFESSIONAL, FIDUCIARY, ADVISORY, HEALTH, MEDICAL, EMAIL, COMMUNICATIONS, ARTIFICIAL-INTELLIGENCE, DATA-PROCESSING, MONITORING, SECURITY, STORAGE, BACKUP, RECOVERY, MAINTENANCE, SUPPORT, OR OTHER SERVICE. ACQUIRING OR USING THE LICENSED APPLICATION DOES NOT CREATE A SERVICE, AGENCY, FIDUCIARY, PROFESSIONAL, OR ADVISORY RELATIONSHIP.
ON-DEVICE FUNCTIONALITY AND USER-DIRECTED CONNECTIONS TO APPLE, MAIL, AI, SEARCH, OR OTHER THIRD-PARTY SERVICES DO NOT MAKE LICENSOR THE PROVIDER, RESELLER, OPERATOR, OR GUARANTOR OF THOSE SERVICES. ANY UPDATE, COMPATIBILITY WORK, SUPPORT RESPONSE, DOCUMENTATION, OR OTHER ASSISTANCE LICENSOR MAY CHOOSE TO PROVIDE IS A DISCRETIONARY COURTESY, MAY BE WITHDRAWN AT ANY TIME, AND CREATES NO SERVICE LEVEL, UPTIME, RESPONSE-TIME, MAINTENANCE, SUPPORT, OR CONTINUING-PERFORMANCE OBLIGATION.
2. Limited license
Subject to this Agreement and applicable App Store usage rules, Licensor grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use the Licensed Application on Apple-branded devices you own or control for lawful personal or internal business purposes, including use by other accounts permitted through Apple Family Sharing or volume purchasing. The Licensed Application is licensed, not sold. No ownership interest is transferred to you, and Licensor reserves every right not expressly granted.
You may not copy, sell, rent, lease, sublicense, distribute, publicly perform or display, modify, create derivative works from, reverse engineer, decompile, attempt to extract source code from, defeat security controls in, or use the Licensed Materials to develop or train a competing product, except to the limited extent such a restriction is prohibited by applicable law. You may not use the Licensed Materials unlawfully, to infringe another person’s rights, to introduce malicious code, or to gain unauthorized access to any device, account, data, or service.
3. Ownership, your data, and feedback
The Licensed Application, documentation, website materials, visual design, code, text, graphics, trademarks, and all associated intellectual-property rights are owned by Licensor or the applicable licensors and are protected by United States and international law. You may not remove or obscure proprietary notices or use EuVio names, branding, or assets except as necessary to identify your lawful use of the Licensed Application.
You retain ownership of the records and content you create or import. Because EuVio is local-first and has no Licensor-operated account or cloud storage service, you do not grant Licensor a general license to your on-device content. If you voluntarily send content to Licensor for support, you grant Licensor a limited, non-exclusive license to access and use that content only as reasonably necessary to respond, diagnose the issue, comply with law, and protect legal rights.
If you voluntarily provide an idea, suggestion, evaluation, or other feedback about EuVio, you grant Licensor a perpetual, irrevocable, worldwide, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, commercialize, and otherwise exploit that feedback for any lawful purpose, without compensation or attribution. Do not submit feedback you lack authority to provide.
4. Your records, credentials, and responsibilities
You retain responsibility for the information, content, accounts, credentials, passphrases, devices, archives, and third-party services you use with EuVio. You are solely responsible for:
- the accuracy, legality, completeness, and suitability of information you enter, import, send, receive, edit, delete, or rely upon;
- maintaining device security, current operating-system updates, sufficient storage, reliable connectivity, and appropriate access controls;
- protecting passwords, archive passphrases, API keys, authentication tokens, and recovery methods;
- reviewing content and recipient information before sending mail, changing records, acting on a suggestion, or sharing information with a third party; and
- complying with all laws, contractual duties, employer policies, record-retention requirements, and third-party terms applicable to your use.
5. Backups and risk of data loss
EuVio is not a backup service. You must maintain current, independent, redundant, and tested backups of all information you cannot afford to lose. Before installing an update, restoring an archive, migrating devices, deleting the app, disconnecting an account, changing permissions, or performing any other material operation, you should create and verify a separate backup or export using a method appropriate for the information involved.
Archive passphrases may be unrecoverable. If you forget or lose a passphrase and no valid convenience-unlock method remains available, neither Licensor nor any other person may be able to open the archive. You accept the risk that data, archives, settings, integrations, credentials, or records may become corrupted, unavailable, altered, duplicated, omitted, delayed, or permanently lost.
ARCHIVES ARE A USER-CONTROLLED TRANSFER AND RECOVERY CONVENIENCE, NOT A GUARANTEED BACKUP OR RECOVERY SERVICE. LICENSOR DOES NOT WARRANT THAT AN ARCHIVE OR SAFETY COPY CAN BE CREATED, ENCRYPTED, SAVED, COPIED, UPLOADED, DOWNLOADED, LOCATED, OPENED, DECRYPTED, VALIDATED, CONVERTED, MIGRATED, RESTORED, ROLLED BACK, OR RECOVERED, IN WHOLE OR IN PART, ON ANY DEVICE OR APP VERSION.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR IS NOT RESPONSIBLE FOR A FAILED OR INCOMPLETE ARCHIVE CREATION, CONVERSION, MIGRATION, IMPORT, RESTORE, ROLLBACK, OR RECOVERY; AN INVALID, FORGOTTEN, OR UNAVAILABLE PASSPHRASE OR KEY; AN INCOMPATIBLE APP, ARCHIVE, DEVICE, OPERATING-SYSTEM, OR FILE-PROVIDER VERSION; A CORRUPTED, MISSING, DUPLICATED, ALTERED, OVERWRITTEN, OR PARTIALLY RESTORED RECORD; LOSS OF ACCESS DURING OR AFTER A RECOVERY ATTEMPT; OR ANY RESULTING LOSS OF DATA, TIME, USE, BUSINESS, REPUTATION, SALES, OR OTHER VALUE. YOU MUST RETAIN THE ORIGINAL DEVICE AND INDEPENDENT BACKUPS UNTIL YOU HAVE PERSONALLY VERIFIED THAT THE RESTORED COPY IS COMPLETE AND USABLE.
6. Health, wellness, safety, and professional decisions
The Licensed Application may display, summarize, organize, or generate context involving health, wellness, nutrition, sleep, activity, habits, or other personal information. The Licensed Application is for general organizational and informational purposes only. It is not a medical device and does not provide medical, mental-health, nutritional, legal, financial, accounting, security, or other professional advice, diagnosis, monitoring, or treatment.
Do not use the Licensed Application for emergencies, safety-critical activities, clinical decisions, medication decisions, or any circumstance in which an error, delay, omission, or unavailable feature could cause injury, death, property damage, or other substantial harm. Consult a qualified professional and verify important information at its original source. If you believe you may have an emergency, contact the appropriate emergency service immediately.
THE LICENSED MATERIALS DO NOT PROVIDE ADVICE, COUNSELING, DIAGNOSIS, TREATMENT, RECOMMENDATIONS, CERTIFICATIONS, OR PROFESSIONAL SERVICES OF ANY KIND. NO DATA DISPLAY, SUMMARY, SCORE, TREND, REMINDER, PLAN, JOURNAL PROMPT, MAIL CONTENT, SEARCH RESULT, AUTOMATION, ARTIFICIAL-INTELLIGENCE OUTPUT, OR OTHER INFORMATION PRODUCED, ORGANIZED, OR DISPLAYED BY EUVIO IS PROFESSIONAL ADVICE OR A SUBSTITUTE FOR INDEPENDENT PROFESSIONAL JUDGMENT.
BEFORE ACTING, FAILING TO ACT, OR MAKING A MATERIAL DECISION BASED IN WHOLE OR IN PART ON INFORMATION AVAILABLE THROUGH EUVIO, YOU MUST INDEPENDENTLY VERIFY THE INFORMATION AND SEEK ADVICE OR COUNSEL FROM AN APPROPRIATELY QUALIFIED AND, WHERE APPLICABLE, LICENSED PROFESSIONAL IN THE RELEVANT FIELD. THIS INCLUDES MEDICAL, MENTAL-HEALTH, CRISIS, NUTRITIONAL, FITNESS, LEGAL, FINANCIAL, TAX, ACCOUNTING, INVESTMENT, INSURANCE, BUSINESS, EMPLOYMENT, HUMAN-RESOURCES, CYBERSECURITY, PRIVACY, AND SAFETY MATTERS. USE OF THE LICENSED MATERIALS CREATES NO PROFESSIONAL-CLIENT, ATTORNEY-CLIENT, FIDUCIARY, COUNSELOR-CLIENT, DOCTOR-PATIENT, THERAPIST-PATIENT, OR OTHER DUTY-BEARING RELATIONSHIP WITH ANY RELEASED PARTY.
7. Mail, artificial intelligence, and third-party services
The Licensed Application may interoperate with services or data provided by Apple, Google, Microsoft, email providers, artificial-intelligence providers, search providers, and others. Those third-party services are not controlled by Licensor. They may change, suspend access, impose charges, produce inaccurate or harmful output, delay or lose information, revoke credentials, or experience security or availability failures. Your relationship with each third party is governed by that party’s terms and privacy practices.
Artificial-intelligence output is probabilistic and may be incorrect, incomplete, outdated, biased, offensive, or unsuitable. You must independently review and verify all output before relying on it. Licensor does not endorse or assume responsibility for third-party content, output, acts, omissions, security, availability, pricing, or data handling.
8. Assumption of risk
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUME ALL RISKS, KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, ARISING OUT OF OR RELATING TO YOUR DOWNLOAD, INSTALLATION, ACCESS, USE, MISUSE, INABILITY TO USE, OR RELIANCE ON THE LICENSED MATERIALS, INCLUDING RISKS CAUSED IN WHOLE OR IN PART BY THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.
You acknowledge that software, devices, networks, external services, data stores, operating systems, and automated or AI-assisted features are inherently subject to defects, incompatibilities, interruptions, unauthorized access, and human or machine error. You accept sole responsibility for determining whether the Licensed Materials are appropriate for your circumstances and for all decisions, actions, omissions, and results arising from your use.
9. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, SECURITY, PRIVACY, AVAILABILITY, RELIABILITY, COMPATIBILITY, QUALITY, PERFORMANCE, RESULTS, DATA INTEGRITY, AND FREEDOM FROM DEFECTS, MALWARE, OR HARMFUL COMPONENTS.
NO RELEASED PARTY WARRANTS THAT THE LICENSED MATERIALS WILL MEET YOUR REQUIREMENTS; OPERATE WITHOUT ERROR, INTERRUPTION, DELAY, LOSS, OR DEGRADATION; REMAIN AVAILABLE; WORK WITH ANY PARTICULAR DEVICE, OPERATING SYSTEM, ACCOUNT, THIRD-PARTY PROVIDER, FORMAT, OR DATA SET; PRESERVE OR RECOVER DATA; OR IDENTIFY, PREVENT, OR CORRECT EVERY DEFECT OR SECURITY ISSUE. NO ORAL OR WRITTEN INFORMATION CREATES A WARRANTY UNLESS EXPRESSLY REQUIRED BY NON-WAIVABLE LAW.
10. Release and discharge
“Released Parties” means Jason Grooms; Shady Valley Software; any present or future business, trade name, or legal entity through which Jason Grooms develops, publishes, distributes, licenses, or supports the Licensed Materials; and each of their respective past, present, and future owners, affiliates, licensors, suppliers, contractors, agents, representatives, distributors, successors, and assigns.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, FOR YOURSELF AND FOR ANY PERSON OR ENTITY CLAIMING THROUGH YOU, IRREVOCABLY RELEASE, ACQUIT, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, DUTIES, OBLIGATIONS, DAMAGES, LOSSES, COSTS, AND LIABILITIES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, ACCRUED OR UNACCRUED, DIRECT OR INDIRECT, IN LAW OR EQUITY, ARISING OUT OF OR RELATING TO THE LICENSED MATERIALS OR YOUR ACCESS, INSTALLATION, USE, MISUSE, INABILITY TO USE, OR RELIANCE ON THEM. THIS RELEASE EXPRESSLY INCLUDES, TO THE FULLEST EXTENT LAWFULLY RELEASABLE, CLAIMS BASED ON A RELEASED PARTY’S ORDINARY NEGLIGENCE, INCLUDING ALLEGEDLY NEGLIGENT DESIGN, DEVELOPMENT, TESTING, MAINTENANCE, SECURITY, WARNING, SUPPORT, OR FAILURE TO PREVENT LOSS.
This release does not apply to liability that cannot lawfully be released, including liability to the extent finally determined to result from a Released Party’s fraud, willful injury or intentional misconduct, gross negligence, or violation of law where release is prohibited.
11. California Civil Code section 1542 waiver
To the fullest extent applicable and permitted by law, you acknowledge that you may later discover facts or claims different from or in addition to those you now know or believe to exist. You nevertheless intend the release above to be complete and final as to every claim within its scope. You expressly waive the protections of California Civil Code section 1542 and any law of similar effect with respect to those claims. Section 1542 provides:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
12. Exclusion of damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO RELEASED PARTY WILL BE LIABLE UNDER ANY THEORY OF LIABILITY—INCLUDING CONTRACT, WARRANTY, TORT (INCLUDING ORDINARY NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, MISREPRESENTATION, RESTITUTION, STATUTE, OR OTHERWISE—FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES; COST OF SUBSTITUTE GOODS OR SERVICES; OR LOSS, DAMAGE, CORRUPTION, EXPOSURE, UNAVAILABILITY, OR DELETION OF:
- DEVICES, HARDWARE, SOFTWARE, ACCOUNTS, CREDENTIALS, ARCHIVES, BACKUPS, FILES, DATA, CONTENT, EMAIL, MESSAGES, CONTACTS, CALENDARS, REMINDERS, NOTES, HEALTH INFORMATION, OR OTHER RECORDS;
- PRIVACY, SECURITY, CONFIDENTIALITY, IDENTITY, ACCESS, OR CONTROL;
- REPUTATION, GOODWILL, RELATIONSHIPS, CUSTOMERS, SALES, REVENUE, PROFITS, INCOME, SAVINGS, BUSINESS, CONTRACTS, OPPORTUNITIES, PRODUCTIVITY, OR TIME; OR
- USE, BUSINESS CONTINUITY, SERVICE, OR EXPECTED BENEFIT,
IN EACH CASE WHETHER THE LOSS WAS DIRECT OR INDIRECT, EVEN IF FORESEEABLE, EVEN IF A RELEASED PARTY WAS ADVISED OF ITS POSSIBILITY, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Maximum aggregate liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM TOTAL DAMAGES THAT MAY BE AWARDED AGAINST ALL RELEASED PARTIES, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE LICENSED MATERIALS OR THIS AGREEMENT WILL NOT EXCEED THE ACTUAL PURCHASE PRICE YOU PAID TO ACQUIRE THE SPECIFIC EuVio SOFTWARE LICENSE GIVING RISE TO THE CLAIM. IF THE SOFTWARE WAS PROVIDED WITHOUT CHARGE, THE CAP IS ZERO DOLLARS (US $0.00). IF ACCESS IS SOLD ONLY AS A SUBSCRIPTION, THE CAP IS THE SUBSCRIPTION FEES YOU ACTUALLY PAID FOR EuVio DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE FIRST CLAIM. THE ARBITRATOR OR COURT MAY NOT CIRCUMVENT THIS CAP BY MULTIPLYING AWARDS BY THE NUMBER OF CLAIMS, THEORIES, EVENTS, RELEASED PARTIES, USERS, DEVICES, OR TRANSACTIONS.
The warranty disclaimers, release, damages exclusions, and liability cap are independent risk-allocation provisions and apply separately to the fullest extent permitted by law.
14. Indemnification
To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Released Parties from and against third-party claims, demands, proceedings, investigations, judgments, settlements, losses, liabilities, penalties, and reasonable attorneys’ fees and costs arising out of or relating to: (a) your unlawful or unauthorized use of the Licensed Materials; (b) information or content you enter, import, transmit, or share; (c) your breach of this Agreement; or (d) your infringement or violation of another person’s rights. Licensor may control the defense of a covered matter, and you will reasonably cooperate. You may not settle a matter in a way that admits fault by or imposes an obligation on a Released Party without that party’s prior written consent.
15. Non-waivable rights and allocation of risk
Some jurisdictions do not allow certain warranty exclusions, releases, indemnities, damages exclusions, or liability caps. In that event, the affected provision applies only to the maximum extent permitted, and any legally required warranty or liability is limited to the shortest duration and lowest amount allowed by law. Nothing in this Agreement waives a right or remedy that applicable law does not permit you to waive.
You acknowledge that the pricing and availability of the Licensed Materials reflect this allocation of risk and that Sections 4 through 15 are essential bases of the agreement between you and Licensor.
16. Purchases, updates, and pre-release versions
Purchases, taxes, payment processing, subscriptions (if ever offered through the App Store), cancellations, and refunds are administered by Apple under Apple’s applicable terms and policies. Licensor does not receive your full payment-card information and cannot issue an App Store refund directly. Deleting the Licensed Application does not itself cancel an active subscription. Except where applicable law or Apple’s policies require otherwise, charges are non-refundable.
The Licensed Application may download or require updates. An update may add, remove, change, or discontinue functionality and may require a supported device or operating-system version. Pre-release, beta, and TestFlight versions are experimental, may be incomplete or unstable, may contain additional defects, may cause data loss or incompatibility, and may be changed or withdrawn at any time. Sections 5 and 8 through 15 apply to them with full force.
17. Changes, suspension, and termination
Licensor may add, change, suspend, or discontinue any part of the Licensed Materials, and may issue or withhold updates, at any time, subject to applicable law. Licensor does not promise ongoing support, compatibility, availability, or any particular feature. You may terminate this Agreement at any time by ceasing all use and deleting all copies of the Licensed Application. Licensor may terminate your license if you materially breach this Agreement. Provisions that by their nature should survive termination—including ownership, responsibility, release, disclaimers, liability limits, indemnity, and dispute terms—will survive.
We may revise this Agreement prospectively by posting an updated version with a new effective date. Your continued use after the updated Agreement takes effect constitutes acceptance to the extent permitted by law. If you do not agree to a revision, you must stop using the Licensed Materials.
18. Force majeure
No Released Party is responsible for delay, interruption, data unavailability, or failure to perform caused by circumstances beyond its reasonable control, including acts of God, fire, flood, earthquake, epidemic, war, terrorism, civil unrest, labor dispute, utility or network failure, cyberattack, governmental action, App Store action, third-party platform change, or failure of a device, operating system, internet provider, mail provider, AI provider, or other external service.
19. Governing law
This Agreement and any dispute arising out of or relating to it or the Licensed Materials are governed by the laws of the State of California, without regard to conflict-of-law principles, except to the extent the Federal Arbitration Act or other federal law controls. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
20. Binding individual arbitration
PLEASE READ THIS SECTION CAREFULLY. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW, YOU AND LICENSOR AGREE TO RESOLVE EVERY DISPUTE THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION REPLACES A LAWSUIT IN COURT. THERE IS NO JUDGE OR JURY, COURT REVIEW OF AN AWARD IS VERY LIMITED, AND CLASS, REPRESENTATIVE, AND CONSOLIDATED PROCEEDINGS ARE NOT PERMITTED. YOU MAY REJECT THIS ARBITRATION AGREEMENT BY FOLLOWING THE 30-DAY OPT-OUT PROCEDURE BELOW.
Informal notice first
Before starting arbitration, the complaining party must give the other a written dispute notice describing the claimant’s name and contact information, the facts and legal basis of the dispute, and the specific relief sought. Notice to Licensor must be emailed to support@euvioapp.com with the subject “Legal Dispute Notice.” Licensor will send any notice to the most recent email address you supplied for the dispute. The parties will attempt in good faith to resolve the matter individually for 30 days after receipt. A party may begin arbitration after that period. Any limitations period and filing-fee deadline will be tolled during this required informal process to the extent permitted by law.
Agreement to arbitrate
Except for the exclusions stated below, “Dispute” means every claim, controversy, or dispute between you and any Released Party arising out of or relating in any way to the Licensed Materials, this Agreement, a transaction, communications, advertising, privacy, data, or the relationship between the parties, whether arising before or after you accepted this Agreement and whether based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.
Any Dispute will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its then-current Consumer Arbitration Rules, as modified by this Agreement. The Federal Arbitration Act, 9 U.S.C. §§ 1–16, governs the interpretation and enforcement of this arbitration agreement. A single neutral arbitrator will conduct the arbitration in English. The arbitrator may award only the individual relief a court could award on the claims presented, and every award remains subject to Sections 8 through 15 of this Agreement and all non-waivable law. Judgment on the award may be entered in any court with jurisdiction.
Authority to decide arbitration issues
Except where federal law requires a court to decide a particular issue, the arbitrator has exclusive authority to resolve disputes concerning the formation, scope, interpretation, applicability, or enforceability of this arbitration agreement. A court, and not the arbitrator, will decide any dispute concerning the enforceability of the class-action waiver or the availability of public injunctive relief.
Individual proceedings and class-action waiver
YOU AND LICENSOR AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY MAY BRING, JOIN, CONSOLIDATE, OR PARTICIPATE IN A CLASS, COLLECTIVE, COORDINATED, MASS, CONSOLIDATED, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION OR ARBITRATION. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
Procedure, location, and fees
You may choose arbitration by documents, telephone, or video conference when permitted by the AAA rules. Any required in-person consumer hearing will occur in Kern County, California, unless the AAA rules or non-waivable law entitle you to a reasonably convenient location where you reside. Your arbitration filing fee will not exceed the amount you would pay to file the same claim in court. Licensor will timely pay all arbitration fees the AAA rules or applicable law require the drafting business to pay. The arbitrator may shift fees or award attorneys’ fees only when authorized by applicable law or the AAA rules, and no consumer will be required to pay a Released Party’s arbitration costs merely because the consumer does not prevail.
Excluded matters
Either party may bring an individual action in a court of competent small-claims jurisdiction if it remains within that court’s limits and proceeds only individually. Either party may ask a court for temporary or emergency injunctive relief solely to preserve the status quo or prevent imminent, irreparable harm while arbitration is pending. Nothing in this Agreement requires arbitration where federal law gives a claimant a non-waivable right to elect a court proceeding.
Public injunctive relief
Nothing in this Agreement waives a non-waivable right to seek public injunctive relief. If applicable law prohibits the arbitrator from awarding that relief, the request for public injunctive relief will be decided by a court after all arbitrable claims and requests for individual relief are resolved in arbitration, to the extent a stay is permitted.
Thirty-day right to opt out
You may opt out of this arbitration agreement without affecting the rest of this Agreement. You must email support@euvioapp.com with the subject “Arbitration Opt-Out” within 30 days after you first accept this Agreement. The notice must state your full name, the email address from which you are sending the notice, the approximate date you first accepted this Agreement, and an unequivocal statement that you reject binding arbitration with Licensor. An opt-out applies only to the individual who timely sent it and only to this version of the arbitration agreement.
Severability and changes
If a final decision finds a portion of this arbitration agreement unenforceable as to a particular claim or remedy, that portion will be severed and the remainder enforced. If the class-action waiver is finally held unenforceable as to a claim, that claim must proceed in court and may not proceed as class arbitration. Licensor will not apply a materially less favorable change to this arbitration section to a Dispute of which Licensor had actual notice before the change became effective. You may reject a future material change to this section by using the opt-out procedure within 30 days after that change takes effect.
21. Court proceedings, Kern County forum, and claim deadline
For any action that is excluded from arbitration, any request to compel or enforce arbitration, and any judicial review or enforcement of an arbitration award, each party irrevocably agrees—subject to non-waivable law—that the proceeding must be brought exclusively in the state courts located in Kern County, California, or, when federal subject-matter jurisdiction exists, in the federal court whose district and division encompass Kern County. Each party consents to personal jurisdiction and venue in those courts and waives objections based on inconvenient forum.
For every Dispute required to be arbitrated, you and Licensor knowingly and irrevocably waive any right to a trial by judge or jury. Consumers retain any forum right that applicable law does not permit them to waive.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THE LICENSED MATERIALS OR THIS AGREEMENT MUST BE FORMALLY FILED IN ARBITRATION OR IN A COURT AUTHORIZED BY THIS AGREEMENT WITHIN ONE YEAR AFTER THE CLAIM ACCRUES. A CLAIM NOT FILED WITHIN THAT PERIOD IS PERMANENTLY BARRED. THIS LIMIT DOES NOT SHORTEN A FILING PERIOD THAT APPLICABLE LAW PROHIBITS THE PARTIES FROM SHORTENING.
22. Export controls and U.S. Government users
You may not use, export, re-export, import, sell, release, or transfer the Licensed Materials except as authorized by United States law and the laws of the jurisdiction in which they were obtained. You represent that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as supporting terrorism, and that you are not listed on a U.S. Government prohibited or restricted-party list. You will not use the Licensed Materials for any purpose prohibited by United States law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.
The Licensed Application and documentation are “Commercial Items,” consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation” as those terms are used in 48 C.F.R. §§ 2.101, 12.212, and 227.7202. U.S. Government end users acquire them only as Commercial Items and with only the rights granted to all other end users under this Agreement.
23. Apple App Store terms
If you obtained the Licensed Application through Apple’s App Store, you and Licensor acknowledge and agree that:
- this Agreement is between you and Licensor, not Apple; Licensor, not Apple, is solely responsible for the Licensed Application and its content;
- Apple has no obligation to provide maintenance or support for the Licensed Application;
- if the Licensed Application fails to conform to an applicable warranty that has not been effectively disclaimed, you may notify Apple, and Apple will refund the purchase price for the Licensed Application; to the maximum extent permitted by law, Apple has no other warranty obligation;
- as between Apple and Licensor, Licensor is responsible for addressing claims relating to the Licensed Application or your possession or use of it, including product-liability, legal or regulatory compliance, consumer-protection, privacy, HealthKit, and intellectual-property infringement claims, in each case subject to this Agreement and applicable law;
- you must comply with the Apple Media Services Terms and every applicable third-party agreement when using the Licensed Application; and
- Apple and its subsidiaries are third-party beneficiaries of this Section and may enforce this Agreement against you as it relates to the Licensed Application.
Unless Licensor submits this Agreement to Apple as a custom EULA, Apple’s Standard Licensed Application End User License Agreement also applies to the App Store license. A mandatory Apple term controls only to the extent of an unavoidable conflict.
24. General terms
This Agreement, together with the Privacy Policy and any mandatory terms of the platform through which you obtained the Licensed Application, is the entire agreement concerning the Licensed Materials and supersedes prior or contemporaneous statements on that subject.
Electronic acceptance, notices, and records satisfy any legal requirement that they be in writing, subject to non-waivable law. If any provision is held unlawful, invalid, or unenforceable, it will be modified to the minimum extent necessary to make it enforceable while preserving its intent, or severed if modification is not possible; the remainder will remain in effect. A failure to enforce a provision is not a waiver. Headings are for convenience only. You may not assign this Agreement without Licensor’s written consent; Licensor may assign it as part of a transfer of the Licensed Application or related business. Except for Apple and its subsidiaries under Section 23, no person other than the parties and the Released Parties is an intended beneficiary.
25. Contact
Questions, complaints, and claims concerning the Licensed Application or this Agreement may be sent to Shady Valley Software (Jason Grooms), Kern County, California, United States, at support@euvioapp.com.