END USER LICENSE AGREEMENT
Last updated October 23, 2020
The use of the MoneyDolly website and mobile applications platform is licensed to You (End-User) by MoneyDolly, LLC located at 2814 Brooks St., Missoula, Montana 59801, United States (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore and Google PlayStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and Google are not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. MoneyDolly, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. MoneyDolly acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
ARBITRATION AND CLASS ACTION WAIVER: EXCEPT AS OTHERWISE DESCRIBED BELOW, BY USING THE APPLICATIONS, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE REVIEW THE DISPUTES SECTION CAREFULLY; BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.
1. THE APPLICATION
MoneyDolly (hereinafter: Application) is a software platform created to assist users in managing and implementing fundraising campaigns. The platform assists users in running online fundraisers for sale of product, donation, and discounts. It has a fundraiser page for individuals and allows Fundraiser participants to sell their products and collect payment. It provides a dashboard for the fundraiser organizer to oversee the progress of a fundraising campaign. Customers of the fundraiser can access their discounts from the application as well as purchase products or donate money. Apple and Google MoneyDolly does not monitor data entered into the application by users and is not responsible for its accuracy or content.
The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if Your interactions would be subjected to such laws, You may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. SCOPE OF LICENSE
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the licensed Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple and Google Terms and Conditions, and with MoneyDolly’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with MoneyDolly’s prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
2.9 You understand and acknowledge that MoneyDolly is not itself a charitable organization, notwithstanding that some of the organizations that utilize it may be. MoneyDolly makes no representations concerning the 501(c)(3) status of any organizations using the platform to run their campaigns, and makes no representations concerning tax deductibility of contributions made through the use of its platform. MoneyDolly is not a broker, financial institution or charitable institution. It provides an administrative platform only and has no control over the conduct of those using its platform. MoneyDolly is not responsible for the conduct of those using its Application and disclaims all liability for the conduct of those using its Application. MoneyDolly makes no representations concerning the tax consequences of contributions made through the use of its platform. It is Your sole responsibility to assess, collect, report and/or remit the correct tax, if any, to the appropriate taxing authority.
3. TECHNICAL REQUIREMENTS
3.1 The Application requires the use of the latest version of firmware on both iOS and Android.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4. MAINTENANCE AND SUPPORT
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.
4.2 MoneyDolly and the End-User acknowledge that Apple and Google has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
5. USE OF DATA AND APPLICATION
5.2 You are solely responsible for all descriptions, comments, images, information, data, text, software, music, sound, photographs, or other materials that You upload, publish, post or display via the Application. (“User Content”). MoneyDolly reserves the right to remove User Content that is, in its sole discretion, inappropriate for users, many of whom are students and minors. Without limitation, You agree that You will not use the Application to engage in any activity that violates any law or governmental regulation, or is fraudulent, misleading, inaccurate or dishonest. MoneyDolly reserves the right to remove or alter Content as it deems appropriate and in its sole discretion. You understand and acknowledge that MoneyDolly does not control or monitor all data as it is entered. It is up to each user to accurately enter content and to use the Application for appropriate purposes. MoneyDolly is not responsible for the accuracy or appropriateness of content. Each user agrees not to use the Application for inappropriate or illegal purposes. Each user is responsible for the accuracy, completeness and appropriateness of the content the user enters into the Application.
5.3 Activities deemed by MoneyDolly, in its sole discretion, to be an inappropriate use of the Application may be terminated by MoneyDolly in its sole discretion. You agree that MoneyDolly may suspend or terminate Your account or use of the Application and remove or discard any data or content You have uploaded to the Application if MoneyDolly believes You have violated or acted inconsistently with the spirit of these Terms and Conditions or acted in a manner that is inappropriate in light of the nature of the Application as a fundraising tool directed in large part at schools and charitable organizations. MoneyDolly may terminate accounts and remove users, including fundraising organizers, in its sole discretion with or without cause. MoneyDolly does not provide any guarantee to users of a continuing right to utilize the Application and reserves the right to terminate any user at any time in MoneyDolly’s sole discretion.
6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MONEYDOLLY NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF MONEYDOLLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE APPLICATION; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE APPLICATION; (III) ANY PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE APPLICATION; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE APPLICATION; OR (VI) ANY OTHER MATTER RELATING TO THE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MONEYDOLLY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID MONEYDOLLY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
6.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
7.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
7.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of MoneyDolly’s sphere of influence that affect the executability of the Application.
7.3 You are required to inspect the Application immediately after installing it and notify MoneyDolly about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of thirty (30) days after discovery.
7.4 If we confirm that the Application is defective, MoneyDolly reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
7.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
7.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
8. PRODUCT CLAIMS
MoneyDolly and the End-User acknowledge that MoneyDolly, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation,
9. LEGAL COMPLIANCE
You represent and warrant that 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 that You are not listed on any U.S. Government list of prohibited or restricted parties.
10. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the licensed Application, please contact:
2814 Brooks St.
Missoula, MT 59801
The license is valid until terminated by MoneyDolly or by You. Your rights under this license will terminate automatically and without notice from MoneyDolly if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
12. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
MoneyDolly represents and warrants that MoneyDolly will comply with applicable third-party terms of agreement when using licensed Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Google and Apple’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and – upon Your acceptance of the terms and conditions of this license agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
13. INTELLECTUAL PROPERTY RIGHTS
MoneyDolly and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, MoneyDolly, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge or any such intellectual property infringement claims.
14. APPLICABLE LAW
This license agreement is governed by the laws of the State of Montana excluding its conflicts of law rules.
15. INDEMNITY AND RELEASE
You are solely responsible for the accuracy, propriety and substance of any content You enter into the Application. You are further solely responsible for any representation You make to others in connection with MoneyDolly and/or the products and services offered through its website. You agree to release, indemnify on demand and hold MoneyDolly and its officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to Your use of the Application, Your violation of these Terms and Conditions or Your violation of any rights of another. If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If You are a resident of another jurisdiction—in or outside of the United States—You waive any comparable statute or doctrine.
16. DISCLAIMER OF WARRANTIES
YOUR USE OF THEAPPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MONEYDOLLY AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
MONEYDOLLY AND ITS AFFILIATES MAKE NO WARRANTY OR CONDITION THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MONEYDOLLY IS NOT RESPONSIBLE FOR ANY CONTENT ENTERED BY USERS AND IS NOT RESPONSIBLE FOR FULFILLING ANY PROMISES OR REPRESENTATIONS MADE BY USERS OF THE APPLICATION. YOUR SOLE REMEDY FOR A MISREPRESENTATION; FAILURE TO PROVIDE PRODUCTS, SERVICES OR DISCOUNTS ORDERED THROUGH THE APPLICATION; OR A DEFECT OR PROBLEM WITH ANY PRODUCT, SERVICE OR DISCOUNT ORDERED THROUGH THE APPLICATION, SHALL BE AGAINST THE PERSON OR ENTITY ENTERING THE CONTENT INTO THE APPLICATION AND/OR OFFERING THE PRODUCT, DISCOUNT OR SERVICE THROUGH THE APPLICATION.
YOU FURTHER UNDERSTAND AND AGREE THAT MONEYDOLLY IS NOT ITSELF A PRODUCER OR SELLER OF ANY PRODUCT, SERVICE OR DISCOUNT OFFERED THROUGH ITS APPLICATION AND THAT ANY CLAIMS RELATING TO SUCH MUST BE MADE DIRECTLY AGAINST THE PRODUCER OR SELLER.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.