Please read this Mobile and Web Application End User License Agreement (“EULA”) carefully before downloading or using the ByldTech Inc. dba Sitewire (“Sitewire”) mobile application (“Mobile App”) or accessing the web application ("Web App"), which both allow You to access Sitewire’s internet-delivered service (“Subscription Service”) from Your mobile device or Web Browser. This EULA forms a binding legal agreement between you and any other entity on whose behalf you accept these terms, including financial institutions (“Lender”) that may have provided a Mobile App to you (collectively “You” or “Your”) and Sitewire (each separately a “Party” and collectively the “Parties”) as of the date you download the Mobile App or agree to use the Web App. Your use of the Mobile App is subject to this EULA and Your use of the Subscription Service will remain subject to the existing agreement governing such use (the “Subscription Agreement”). With respect to the use of the Mobile App, and to the extent the Subscription Agreement conflicts with this EULA, the terms of this EULA will govern and control solely with respect to the use of the Mobile App. With respect to your data and Sitewire’s privacy policy, please refer to our policy below
1. License. Sitewire grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your internal business purposes strictly in accordance with this EULA and the Subscription Agreement. Sitewire grants you license to use the Web App if and only if you have signed a Subscription Service Agreement with Sitewire.
2. Your Account. Your use of the Mobile App requires that You or Your Lender have an account with Sitewire's Web App and agree to the terms of the Subscription Agreement.
3. Changes to this EULA. Sitewire reserves the right to modify this EULA at any time and for any reason. Sitewire will post the most current version of this EULA at www.sitewire.co. If Sitewire makes material changes to this EULA, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at Sitewire’s website even if these updated terms appear online at Sitewire’s website before being posted on the Mobile App. Your continued use of the Mobile App after Sitewire publishes notice of changes to this EULA indicates Your consent to the updated terms.
4. No Included Maintenance and Support. Sitewire may deploy changes, updates, or enhancements to the Mobile App at any time. Sitewire may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
5. Acceptable Use and Access to Business Data. You agree that You will not use or encourage others to use the Mobile App or the Subscription Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Subscription Service. Your use of the Subscription Service and the Mobile App is governed by the Acceptable Use Policy (a current version of which can be found at www.sitewire.co). You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product. You hereby grant Sitewire a non-exclusive, worldwide, royalty-free license to use, copy, transmit, sub-license, index, store, aggregate and display Your Data uploaded into the App solely as required to provide or perform the App and related Subscription Services. Sitewire agrees to use such Subscriber Data solely as required to provide or perform the App, the Subscription Service and related technical support. You also grant Sitewire a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the App any App usage data, suggestions, enhancement requests, recommendations or other feedback You provide relating to the operation of the App and Subscription Services.
6. Privacy. In order to operate and provide the Subscription Service and the Mobile App, Sitewire may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. We use third-party service providers to help us collect and analyze this data, including Google Analytics. Sitewire uses and protects that information in accordance with the Sitewire Privacy Notice (a current version of which can be found below).
7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize Sitewire to send You (including via email and push notifications) information regarding the Subscription Service and the Mobile App, such as: (a) notices about Your use of the Subscription Service and the Mobile App, including notices of violations of use; (b) updates to the Subscription Service and Mobile App and new features or products; and (c) promotional information and materials regarding Sitewire's products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.
8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SITEWIRE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. Sitewire does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
8.1 iOS Application. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
8.2 Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Suspension and Termination of the Mobile App. Sitewire reserves the right to suspend or terminate Your access to the Mobile App at any time based on the status of Your account (including your Lender’s account) under the Subscription Agreement. You understand that if Your account is suspended or terminated, You may no longer have access to the content that is stored within the Subscription Service.
10. Intellectual Property Rights. In the event of a third party claim that the Mobile App, or Your possession and use of the Mobile App, infringes the third party’s intellectual property rights, Sitewire will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You agree to treat the Subscription Service as confidential and will not without the express written (including email) authorization of Sitewire: a) Demonstrate, copy, sell or market Software to any third party unless authorized explicitly by an Officer of Sitewire in a written (including electronic) agreement; or b) Publish or otherwise disclose information relating to performance or quality of the Software to any third party unless authorized in writing (including electronic) by Sitewire; or c) Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.
11. Legal Compliance. You represent and warrant that: (a) You are not located in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations; (b) You are not located in a country that has been designated by the United States Government as a “terrorist supporting” country; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties. You further agree not to transport the Mobile App to or use the Mobile App in any such country.
