Last updated: June 24th, 2021
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Apps or any portion thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Apps or any portion thereof.
If you choose to buy a subscription in our Apps, payment will be charged to your Apple ID account at the confirmation of purchase. The subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. All purchases are final. By accepting these terms, you agree that Soapbox Software cannot, and is not required to provide a refund for any reason. We may change, modify, or eliminate features of any subscriptions at any time, with or without notice. You agree that Soapbox Software will bear no liability to you or any third party if we do so. We may, in our sole discretion and at any time, modify the subscription rates for any subscription. Any rate increase will not go into effect automatically; you must agree to the rate change to continue using the subscription after the end of the then-current billing cycle.
Our Apps may contain links to third-party web sites or services that are not owned or controlled by Soapbox Software.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Soapbox Software 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.
Our Apps may provide you with the ability to send emails or other communications to third-party service providers, advertisers, other users, and/or us. You agree to use communication methods available in the Apps only to send communications and materials related to the subject matter for which we provided the communication method, and you further agree that all such communications by you shall be deemed your content and shall be subject to and governed by the Terms. By using any of the communications methods available in the Apps, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third-party service providers, advertisers or other third parties are not be endorsed, sponsored or approved by us (unless expressly stated otherwise by Soapbox Software), and (c) communications are not pre-reviewed, post-reviewed, screened, archived or otherwise monitored by us in any manner, though we reserve the right to do so at any time at its sole discretion in accordance with the Terms. You agree that all notices, disclosures and other communications that we provide to you electronically shall satisfy any legal requirement that such communications be in writing.
The "Incidents" Apps are owned and operated by Soapbox Software. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Apps provided by Soapbox Software are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials contained in the Apps are the property of Soapbox Software or its subsidiaries or affiliated companies and/or third-party licensors. All suggestions, enhancements requests, feedback, recommendations or other input provided by User or any other party relating to the Apps shall be owned by Soapbox Software, and User hereby does and shall make all assignments and take all reasonable acts necessary to accomplish the foregoing ownership. User grants to Soapbox Software a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Apps any suggestion, enhancement request, recommendation, correction or other feedback provided by User relating to the operation of the Apps. All trademarks, service marks, and trade names are proprietary to Soapbox Software or its affiliates and/or third-party licensors. Except as expressly authorized by Soapbox Software, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the materials. Soapbox Software reserves all rights not expressly granted in the Terms.
In no event shall Soapbox Software, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Apps; (b) any conduct or content of any third party in the Apps; (c) any content obtained from the Apps; and (d) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of our Apps is at your sole risk. The Apps are provided on an "AS IS" and "AS AVAILABLE" basis. The Apps are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, accuracy, fitness for a particular purpose, non-infringement, or course of performance.
Soapbox Software, our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors do not warrant that (a) the Apps will function uninterrupted, secure or available at any particular time or location, (b) any errors or defects will be corrected, (c) the Apps are free of viruses or other harmful components, or (d) the results of using the Apps will meet your requirements.
The "Incidents" Apps are intended to be used and must be used for informational purposes only. You understand that these Apps may expose you to content that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Soapbox Software with respect hereto. We does not endorse any content and other material expressed therein, and the information contained therein is not intended to be used for anyone to perform any duties related to emergency or life-saving activities. Soapbox Software expressly disclaims any and all liability in connection with content and other materials.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Apps, your connection to the Apps, your violation of the Terms, or your violation of any rights of another person or entity.
Our Apps are controlled by Soapbox Software, LLC from its offices within the United States of America. We make no representation that the content in the Apps or the Apps are appropriate or available for use in other locations, and access to them from territories where their content or use is illegal is prohibited. Those who choose to access our Apps from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content in violation of U.S. export laws and regulations. Any action related to the Apps, the content or the Terms shall be governed by Pennsylvania law and controlling U.S. federal law, without regard to conflicts of laws thereof. You hereby consent and submit to the exclusive jurisdiction and venue in the state and federal courts located in Lancaster County, Pennsylvania for any legal proceedings related to the Apps or the Terms. If any party hereto brings any suit or action against another for relief, declaratory or otherwise, arising out of these Terms, the prevailing party will have and recover against the other party, in addition to all court costs and disbursements, such sum as the court may adjudge to be reasonable attorneys' fees. Except to the extent prohibited by applicable law, the parties agree that any claim or cause of action arising out of or related to use of the Apps or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Soapbox Software, LLC as a result of the Terms or your use of our Apps. The Terms constitute the entire agreement between you and Soapbox Software, LLC with respect to your use of the Apps. The failure of us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You may not assign, delegate or otherwise transfer your obligations under these Terms without the prior written consent of us. We have the right, in its sole discretion, to transfer or assign all or any part of its rights under these Terms and will have the right to delegate or use third party contractors to fulfill its duties and obligations under these Terms and in connection with the Apps. Our notice to you via email, regular mail, or notices or links on the Apps shall constitute acceptable notice to you under the Terms. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section titles and headings in the Terms are for convenience only and have no legal or contractual effect. Any rights not expressly granted herein are reserved.
The Terms were last updated on the date indicated at the top of these Terms, and a brief summary of the changes at the bottom of the Terms, along with all other past changes. Any changes to the Terms will become effective when we post the revised Terms. As set forth above, your continued use of the Apps after any changes or revisions to the Terms shall indicate your acceptance and agreement with such revised Terms.
If you have questions regarding these Terms, please contact us at: [email protected]