Description of Service
Kiosk Evolution, LLC, an Alabama limited liability company doing business as Spruce ("Spruce") provides to you ("Subrscriber") a software platform (the "Service") with an online internet dashboard ("Dashboard") that allows Subscriber to create applications ("Apps") by uploading content ("Content") and using the Dashboard to configure and create Apps. Subscriber can then view and use the Apps on certain Apple devices ("Devices") through the Spruce App that can be downloaded through the Apple's App Store.
Acceptance of Terms of Service
Spruce requires the Subscriber to register an account in order to gain access to the Service. By registering Subscriber agrees to be subject to the following Terms of Service ("TOS"). The TOS may be updated by Spruce from time to time without notice to Subscriber, and Subscriber continued use signifies Subscriber's agreement to the TOS. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS.
Accurate Registration Information
Subscriber agrees to provide the accurate and current information requested during registration and to promptly update information as necessary to keep it accurate and complete at all times. To subscribe to Spruce's website, Subscriber must be 18 years of age or older.
Every month Spruce will bill Subscriber's credit card the fee stated at the time of purchase plus applicable tax. As soon as Subscriber successfully completes the sign-up process and payment is confirmed, the subscription will begin.
After the first month's payment, Spruce will renew the Subscriber's monthly subscription automatically, unless Subscriber cancels. The price is subject to change, but Spruce will notify Subscriber beforehand of any pricing change.
If a Subscriber needs to cancel, please visit dashboard.getspruceapps.com/cancellation and completed the instructions presented therein. Cancellation will be effective at the end of the then current monthly subscription period.
Responsibility for Use
Except as provided in this paragraph, Subscriber shall keep confidential the password and user names. on a limited personal basis and subject to the usage restrictions contained herein, a Subscriber may provide their user name and password to other persons that they have a personal relationship with provided that the Subscriber is responsible for all activities under Subscriber's account. Subscriber agrees to notify Spruce of any unauthorized us of Subscriber's password or account. Service is restricted to Subscriber who supply Spruce with valid billing information.
In connection with the use of the Service, Subscriber shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, child protection, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement. Subscriber acknowledges sole liability for violations of any such laws and release Spruce from any claims or liabilities with respect to the same.
Subscriber cannot sell Content through the Service.
Ownership of Service
All title and copyrights in and to the Service are the property of Spruce. The Service is licensed to the Subscriber for use for the duration of the subscription to the Service, subject to the terms of this TOS. Subscriber's right to use the Service is limited, personal, non-transferable, and non-exclusive. Subscriber may not copy, modify, rent, lease, or sublicense the Service, create derivative works based on the Service, or otherwise commercially exploit the Service. Except for the Content uploaded by Subscriber, Spruce owns all product, brand and company names and logos used in the Service, and the names, including the name "Spruce", and logos are the trademarks or registered trademarks of Spruce.
Except as expressly provided, nothing herein or within our websites shall be construed as conferring any intellectual property rights, whether by implication, waiver, or otherwise. Without limiting the generality of the foregoing, the rights granted to Subscriber herein are expressly made subject to full and strict compliance by Subscriber with any and all of the provisions of this TOS.
While Spruce promises to make commercially reasonable efforts to keep Content confidential, Subscriber is cautioned that online communications may not be fully confidential and secure. Subscriber should be aware that some personnel at Spruce may, in the course of their regular duties, have access to Content for technical or operational purposes. Spruce may also disclose any communications to the extent permitted or required by law or when required in order to resolve disputes between Subscriber and Spruce.
Limits on Use
Subscriber may not upload to the Dashboard Content exceeding ten (10) gigabytes in total, according to Spruce's measurements.
Subscriber may not create more than twenty Apps on the Dashboard.
Subscriber may not use the Service or deliver Apps to more than twenty (20) devices.
Each of these limits on use may be modified by Spruce, at its sole discretion.
NO WARRANTIES; LIMITATIONS OF LIABILITY AND INDEMNITIES
The Services are provided on an "as is" basis, without warranties of any kind, either express or implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Neither Spruce nor its employees, managers, owners, licensors or any of its member or affiliates warrant that any information is complete or accurate, that our Service will be uninterrupted or error free.
Under no circumstances, including negligence, shall Spruce, its employees, managers, owners, licensors, members or affiliates be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use of inability to use the Service or any aspect of the Service, including without limitation use of or reliance on information available on our website, interruption, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
Subscriber hereby release and waive any and all claims and/or liability against Spruce, its employees, managers, owners, licensors, members and affiliates arising from or in connection with the use of the Service, use of the Devices, use of our websites and/or the Content. Subscriber also agree to defend, indemnify and hold harmless, Spruce, its employees, managers, owners, licensors, members and affiliates from and against any and all claims or liability, including costs and attorneys fees, arising from or in with the use or misuse of Spruce's Service, unauthorized use of account, passwords, or user names, or Subscriber's failure to abide by applicable law.
In order to use the Service, Subscriber must obtain access to the internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. in addition, Subscriber must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
Subscriber must have access to an iPad using the latest version of iOS 7 or iOS 8, which is the only device compatible for use as a Device.
SUSPENSION OR TERMINATION OF SERVICE OF ACCOUNT
Subscriber acknowledges and agrees that Spruce reserves the right, at any time, to modify or discontinue the service, or any part or aspect of the Service, without notice to Subscriber, and that Spruce will not be responsible or liable, directly or indirectly, to Subscriber or any other person for any loss or damage of any kind incurred as a result of, or in connection with, any such modifications or discontinuance.