Last Updated: April 27, 2022
These Terms of Service govern (a) the use by you (“Patient” or “you”) of the Grin scope product (the “Device”) and (b) your right to access and use the Grin services (as modified the “Grin Services”) through our mobile application (as modified, collectively, the “App”). The website at www.get-grin.com (the “Site”) and the various other related services, premium and other features, functions, software, applications and websites (together with the Device, the Grin Services, the App and the Site, collectively the “Services”) are provided and operated, and are being made available to you and the other Patients, and the other users of any of the Services (collectively, “Users”) by Get-Grin Inc. or our affiliate Grin Group, LLC (collectively, “Grin”, “we”, “our” or “us”). The name “Grin” and any logos, names, or other identifying marks are the property of Grin or, if applicable, third parties who have contracted with us and permit our use of their names, logos, or marks. All defined terms used herein shall have the meanings prescribed to these terms in these Terms of Service. These Terms are a legally binding contract between you and Grin regarding your access and use of the Device, the Grin Services, the App and the other Services.
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
IF YOUR ORTHODONTIST DETERMINES THAT YOU ARE NOT ELIGIBLE TO ACCESS AND USE THE DEVICE OR THE GRIN SERVICES, YOUR RIGHT TO ACCESS AND USE THE GRIN SERVICES WILL BE DEACTIVATED AND YOU SHOULD STOP USING THE DEVICE, THE GRIN SERVICES AND THE APP IMMEDIATELY AND TALK TO YOUR ORTHODONTIST.
IF YOU ARE IN NEED OF IMMEDIATE MEDICAL ATTENTION OR IF YOU HAVE A MEDICAL EMERGENCY, YOU SHOULD CALL 911 OR CONSULT WITH A MEDICAL PROFESSIONAL IMMEDIATELY.
ARBITRATION NOTICE. Except for certain kinds of disputes as described in Section 25, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND GRIN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury.
1.1 You agree that your use of the Grin Services, as well as any results and/or reports obtained in connection therewith, are at your own risk and that you will not use the Grin Services in violation of any applicable law, regulation, policies, or instructions as outlined in these Terms and you will not encourage or enable any other individual to do so.
1.2 In any event, if Grin becomes aware of any unlawful or prohibited use of the Grin Services, Grin reserves the right (a) to terminate your access and use of the Grin Services in conjunction with the Device, and (b) to report it to the relevant authorities.
THE DEVICE AND THE GRIN SERVICES MAY BE USED BY MINORS UNDER 18. IF YOU ARE UNDER 13, YOUR PARENTS OR GUARDIAN MUST AGREE TO THESE TERMS. IF YOU ARE 13 OR OVER OR UNDER 18, HOWEVER, YOU MUST HAVE YOUR PARENTS’ OR GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS AND OBTAIN THE RIGHT TO ACCESS AND USE THE DEVICE, THE GRIN SERVICES, AND THE APP. BY CLICKING “I AGREE”, ACKNOWLEDGING YOUR AGREEMENT, AGREEING VERBALLY OR OTHERWISE ACCESSING OR USING THE DEVICE, THE GRIN SERVICES, THE APP OR ANY OF THE SERVICES, YOU REPRESENT THAT:
(a) YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GRIN OR IF YOU ARE 13 OR OVER OR UNDER 18, YOU HAVE HAD YOUR PARENTS OR GUARDIAN REVIEW THESE TERMS AND YOU HAVE YOUR PARENTS’ OR GUARDIAN’S PERMISSION TO AGREE TO THESE TERMS;
(b) IF YOU ARE SEEKING TO OBTAIN THE RIGHT TO ACCESS AND USE THE DEVICE, THE GRIN SERVICES, AND/OR THE APP FOR A MINOR UNDER 18, THEN YOU REPRESENT THAT (A) YOU ARE THE PARENT OR GUARDIAN OF THAT MINOR AND HAVE THE RIGHT TO AGREE TO THESE TERMS ON BEHALF OF SUCH MINOR AND (B) BY ALLOWING YOUR CHILD TO ACCESS AND USE THE DEVICE, THE GRIN SERVICES, AND/OR THE APP, YOU ARE SUBJECT TO THESE TERMS AND RESPONSIBLE FOR YOUR CHILD’S ACCESS AND USE THE DEVICE, THE GRIN SERVICES, AND/OR THE APP;
(c) HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM ANY OF THE SERVICES;
(d) YOU WILL COMPLY WITH THESE TERMS AND ALL APPLICABLE LOCAL, STATE, NATIONAL AND INTERNATIONAL LAWS, RULES, AND REGULATIONS; AND
(e) YOU ARE NOT A COMPETITOR OF GRIN AND DO NOT INTEND TO USE THE DEVICE, THE GRIN SERVICES, OR THE APP FOR REASONS THAT ARE IN COMPETITION WITH GRIN OR OTHERWISE TO REPLICATE THE DEVICE OR SOME OR ALL OF THE GRIN SERVICES FOR ANY REASON.
3.1 Introduction. The Device, the Grin Services and the App are part of Grin’s communication platform to assist eligible Patients’ communicate with their orthodontists and orthodontists’ remote monitoring and telecommunication provided to eligible Patients. Grin provides Services (i) to orthodontists who have identified eligible Patients for remote monitoring and communication through the Services, and (ii) also allows prospective Patients to buy the Device, select an orthodontist through the app, transmit their scan data to their orthodontist via the Services to get a telehealth consultation, and receive remote monitoring and telecommunications from their orthodontist. Grin also helps facilitate payment between the Patient and orthodontist for any orthodontic treatment package agreed upon between the Patient and the orthodontist.
3.2 Your Orthodontist. It is your responsibility to choose and work with your orthodontist. IF YOUR ORTHODONTIST PROVIDED YOU THE DEVICE, ACCESS AND USE OF THE DEVICE AND THE GRIN SERVICES REQUIRES YOUR ORTHODONTIST’S AUTHORIZATION. IF YOU HAVE SELECTED AN ORTHODONTIST VIA THE APP OR OTHERWISE THROUGH THE SERVICES, CONTINUED USE OF THE DEVICE AND THE GRIN SERVICES IN CONJUNCTION WITH ANY TREATMENT PLAN FROM YOUR ORTHODONTIST IS SUBJECT TO YOUR ORTHODONTIST’S APPROVAL AND AUTHORIZATION. THIS AUTHORIZATION ONLY ALLOWS YOU TO ACCESS AND USE THE DEVICE AND THE GRIN SERVICES UNDER THE CARE AND OVERSIGHT OF YOUR AUTHORIZING ORTHODONTIST (OR HIS OR HER DESIGNEE). YOUR ORTHODONTIST IS FULLY RESPONSIBLE FOR ALL ORTHODONTIC OR OTHER ADVICE PROVIDED IN CONNECTION WITH THE DEVICE AND THE GRIN SERVICES OR OTHERWISE. THE PROVISION OF THE SERVICES AND ANY DATA, INFORMATION, TEXT, GRAPHICS, LINKS, AND OTHER MATERIAL THEREON DOES NOT CONSTITUTE THE PROVISION OR PRACTICE OF DENTISTRY, ORTHODONTIC, OR PROFESSIONAL HEALTH CARE ADVICE OR SERVICE; USE OF THE SERVICES DOES NOT CREATE A DOCTOR-PATIENT RELATIONSHIP WITH GRIN.
3.3 YOU SHOULD CONSULT DOCTORS, DENTISTS, ORTHODONTISTS, AND/OR OTHER QUALIFIED HEALTH CARE PROVIDERS REGARDING ANY SPECIFIC QUESTIONS YOU MAY HAVE. THE SERVICES PROVIDED BY GRIN ARE NOT EXHAUSTIVE AND DOES NOT COVER ALL ORTHODONTIC OR DENTAL TREATMENTS AND CONDITIONS, NOR IS IT INTENDED TO REPLACE THE ADVICE OF AN ORTHODONTIST, DENTIST, OR ANOTHER MEDICAL PROFESSIONAL. YOU ARE SOLELY RESPONSIBLE FOR CHOOSING YOUR OWN ORTHODONTIST THROUGH GRIN’S APP. ANY AND ALL ORTHODONTIC OR OTHER SERVICES OR ADVICE YOU RECEIVE IN CONNECTION WITH ANY MEDICAL, DENTAL, AND/OR ORTHODONTIC TREATMENT ARE SOLELY BETWEEN YOU AND YOUR ORTHODONTIST. HOW YOU AND YOUR ORTHODONTIST CHOOSE TO COMMUNICATE WITH EACH OTHER IS STRICTLY BETWEEN YOU AND YOUR ORTHODONTIST. THE GRIN SERVICES ARE JUST ONE WAY OF COMMUNICATING WITH YOUR ORTHODONTIST AND YOU ARE FREE TO USE ANY OTHER MEANS TO CONTACT OR INTERACT WITH YOUR ORTHODONTIST.
3.4 Not Medical, Dental or Orthodontic Services. GRIN DOES NOT PROVIDE MEDICAL, DENTAL OR ORTHODONTIC SERVICES. GRIN PROVIDES THE DEVICE AND THE SERVICES TO FACILITATE AN ORTHODONTIST’S PROVISION OF ORTHODONTIC SERVICES TO HIS OR HER PATIENTS. GRIN MAY PROVIDE AN OVERVIEW OF CERTAIN ORTHODONTIC TREATMENT PACKAGES OFFERED BY YOUR ORTHODONTIST. ANY SUCH TREATMENT PLAN WILL BE CONFIRMED OR ADJUSTED BY YOUR ORTHODONTIST. NOTHING IN THESE TERMS, THE GRIN SERVICES, AND/OR THE APP SHOULD BE INTERPRETED AS MEDICAL, DENTAL, OR ORTHODONTIC ADVICE, DIAGNOSIS, OR TREATMENT. NOTHING IN THESE TERMS, THE GRIN SERVICES OR APP IS OR SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL, DENTAL, OR ORTHODONTIC ADVICE, DIAGNOSIS, OR TREATMENT.
4.1 Account. In order to make use of the Device, the Grin Services, and/or the App, you will have to create an account (“Account”). You agree not to create an Account for anyone else or use the account of another without their permission (other than your minor child). When creating your Account, you will be required to provide us with some information about yourself (and/or your minor child) such as your name, email address, or other contact information. You shall not share your Account or access to the Grin Services, or the App with any other person except as authorized under these Terms. You agree that the information you provide is accurate and complete information and that you will keep it accurate and up-to-date at all times. You are solely responsible for the activity that occurs in, and maintaining the confidentiality of, your Account and password. You must notify us immediately of any breach of security or unauthorized use of your Account. As between you and us, you are solely responsible and liable for the activity that occurs in connection with your Account. If you wish to delete your Account, you may send an email request to us at email@example.com.
4.2 Access. Subject to your complete and ongoing compliance with these Terms, Grin grants you, solely for your (and/or your minor child’s) personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable: (a) license to install and use one object code copy of the App obtained from a legitimate app store on a mobile device that you own or control solely to access and use the Device and the Grin Services; and (b) the right to and access and use the Device, the Grin Services, and/or the App.
4.3 Prevention of Unauthorized Use. Grin reserves the right to exercise whatever lawful means it deems necessary to prevent the unauthorized access or use of the Grin Services, or the App or the circumvention of the other Services, including, but not limited to, technological barriers, IP mapping, and directly contacting your Internet Service Provider (ISP) regarding such unauthorized use.
4.4 Push Notifications. When you install our App on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. You can turn off notifications by visiting your mobile device’s “settings” page.
4.5 Usage Rules. If you are downloading the App from an app store (an “App Store”), please be aware that the App Store may have established usage rules, which also govern your use of the App (“Usage Rules”). We specifically refer to the Usage Rules of certain App Stores below in Section 35 but other Usage Rules may be applicable depending on where the App has been downloaded from. You acknowledge that, prior to downloading the App from an App Store, you have had the opportunity to review and understand, and will comply with, its Usage Rules. The Usage Rules that are applicable to your use of the App are incorporated into these Terms by this reference. You represent that you are not prohibited by any applicable Usage Rules and/or applicable law from using the App. If you are unable to make such a representation, you are prohibited from installing and/or using the App.
Orthodontists, Patients and other Users may submit opinions, assessments, and reviews about the Device, the Grin Services, and/or the App (“User Review”). We do not check, verify the correctness and reliability, censor or supervise User Reviews, and therefore we do not assert any liability for any and all losses or damages that may be caused as a result from a User Review. You shall be solely responsible for your User Review and the consequences of posting, publishing, or uploading them. We have complete discretion whether to publish your User Review and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any User Review. By submitting a User Review, you hereby grant Grin a worldwide, irrevocable, non-exclusive, fully paid, royalty-free, perpetual, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of and display the User Review for any purpose, including without limitation for publishing and redistributing part or all of your User Reviews (and derivative works thereof) in any media formats and through any media channels and to improve the Device, the Grin Services, the App and the other Services without restriction and create other products and services, and you hereby waive any moral rights in your User Reviews or rights to compensation, to the extent permitted by law.
BY ACCESSING OR USING THE DEVICE, THE GRIN SERVICES, THE APP AND/OR ANY OF THE OTHER SERVICES, YOU AGREE NOT TO:
(a) You may only use the Device for use in connection with the Grin Services in accordance with instructions provided by your orthodontist and/or Grin. (b) You will have no rights with respect to the Device except as expressly set forth herein. All rights relating to the Device that are not expressly granted hereunder to you are reserved and retained by Grin.
These Program Terms constitute a binding agreement between you and Grin with respect to your order and purchase of the Device or any treatment plan (subject to your orthodontist’s confirmation) via the Site or the App (an “Order”) as further described in these Terms. In consideration of your Order, you shall pay all fees and charges (“Fees”) set forth during the online order process (the “Order Process). Grin may at its option accept financing you have arranged with a third-party lender approved by Grin (“Financing”) as payment for all or a portion of such Fees. By accepting these Program Terms, you also accept Grin’s shipping policy available at www.get-grin.com/terms/shipping (as modified, “Shipping Policy”) and Grin’s returns and refunds policy available at http://www.get-grin.com/terms/returns (as modified, “Returns Policy”).
Grin offers the ability for you to purchase the Device directly from Grin, select an orthodontist, and perform a preliminary scan of your teeth for review by your orthodontist. Your orthodontist will create a preliminary treatment plan for your approval and send it to you for approval via the App. Upon your receipt of the preliminary treatment plan, you may accept and pay to complete the transaction, including through Financing as applicable, or you can discuss further with your orthodontist. Grin will facilitate your payment to the orthodontist so no in-office payment is required. The preliminary treatment plan recommended by your orthodontist and accepted by you is subject to change based upon further patient examinations and x-ray results. Once you have accepted the preliminary treatment plan and Grin has processed your payment, your orthodontist will schedule an in-person appointment to take x-rays and/or 3D scans, and create a final treatment plan. If the cost of the final treatment plan agreed upon between you and your orthodontist is different than the preliminary treatment plan you previously purchased, Grin will facilitate any refund or further payment needed on behalf of your orthodontist.
Payments not made through Financing are processed through a third-party e-commerce and payment processing service made available by Stripe.com or other service providers (“Payment Processor”) and are subject to these Terms and the applicable provisions of the Payment Processor’s terms of service. Stripe’s terms of service are available at: https://stripe.com/ssa.
The Fees are exclusive of all taxes, customs, duties, and shipping charges applicable to your Order, which you shall solely bear. The cost of shipping (if any) shall be as specified during the Order Process. Except as provided herein, all payments hereunder, including those made through Financing as applicable, shall be non-refundable except as provided under the Returns Policy or required by applicable law. All payments under these Terms shall be made via the payment method specified during the Order Process. The Fees and availability of any Device are subject to change without notice.
If you have purchased the Device via the Site, in order to fully utilize the App and the Services, you are required to purchase a treatment plan from an orthodontist you have selected within the App, which shall be subject to, and governed by, these Terms.
Grin may have limited quantities of the Device and shall have no obligation to accept any order until the transaction is final and approved, as confirmed by Grin (“Acceptance”). Prior to Acceptance, (i) the Fees and other payments hereunder are subject to change without notice; (ii) Grin reserves the right to modify or discontinue the Device and the Services (or any part or content thereof) without notice at any time; and (iii) Grin shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or Device. Grin reserves the right but is not obligated, to limit the sales of the Device to any person, geographic region, or jurisdiction. Grin may exercise this right on a case-by-case basis. Any offer for the Device or the Services is void where prohibited.
Occasionally, there may be information made available via the Services or in the Order Process that contains typographical errors, inaccuracies, or omissions, that may relate to Device or Services descriptions, pricing, promotions, offers, Device shipping charges, transit times, and availability. Grin reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel Orders if any such information is inaccurate at any time without prior notice (including after you have submitted your Order). Grin undertakes no obligation to update, amend or clarify information in the App, or the Order Process or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the App, or the Order Process, or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.
Grin reserves the right to refuse any Order you place with Grin. In the event that Grin makes a change to, or cancels, an Order, Grin will use commercially reasonable efforts to notify you by contacting the e-mail and/or billing address and/or phone number provided at the time the Order was made. You agree to provide current, complete, and accurate purchase and account information for all Orders made from. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates, so that Grin can complete your transactions and contact you as needed.
Although you will own the Device (subject to payment in full of the Fees), all rights, title, and interest in (a) the underlying technology of the Device and (b) all intellectual property rights evidenced by, embodied in, and/or related to the Device, are and shall remain the exclusive property of Grin and/or its licensors. Grin shall also own all rights, title, and interest in any anonymous performance results generated under or by the Device. Furthermore, except as expressly permitted herein or in the Terms, you shall not use Grin’s copyrights, trademarks, trade names, or other intellectual property in any manner. Nothing in these Terms constitutes a waiver of Grin’s intellectual property rights under any law.
THE FOLLOWING TERMS ARE APPLICABLE TO PART ONE AND PART TWO OF THESE TERMS.
Notwithstanding the foregoing, Grin shall comply with all applicable state, provincial, and federal laws and regulations regarding the collection, use, and disclosure of personal information and personal health information, including the privacy and confidentiality of patient records including but not limited to (i) The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); (ii) the Privacy and Security Standards (45 C.F.R. Parts 160 and 164) and the Standards for Electronic Transactions (45 C.F.R Parts 160 and 162) (collectively, the “Standards”) promulgated or as to be promulgated by the Secretary of Health and Human Services on and after the applicable effective dates specified in the Standards; (iii) The Health Information Technology Economic and Clinical Health Act of 2009 (the “HITECH Act”); and (iv) in Canada, federal and provincial privacy and health privacy legislation applicable to Grin. Grin shall not disclose to any third party, except where required or permitted by law.
This Section 22 applies whether or not you have paid for the Device, the Grin Services or the App. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT IF SUCH EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU RESIDE.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND EXCEPT FOR GRIN’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER GRIN NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY ANYONE OR FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES OF ANY KIND, OR FOR ANY LOSS OF DATA, REPUTATION OR ANY OTHER INTANGIBLE LOSS, ARISING FROM OR IN CONNECTION WITH THESE TERMS, YOUR ORTHODONTIST’S SERVICES OR OUT OF YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE DEVICE, THE SERVICES, AND/OR THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF GRIN OR ANY OF ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF GRIN OR ANY OF ITS AFFILIATES FOR ANY DAMAGES ARISING UNDER THESE TERMS, THE ORTHODONTISTS’ SERVICES, OR OUT OF YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS AND USE, THE DEVICE, THE SERVICES, AND/OR THE APP EXCEED THE GREATER OF (I) THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO GRIN UNDER OR IN CONNECTION WITH THE PURCHASE OF THE DEVICE, THE GRIN SERVICES OR THE APP IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (II) $500.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 23 WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Grin and its affiliates, and our respective officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from (a) the violation of these Terms by you (including other representatives), (b) the misuse of the Device, the Services, and/or the App by you (including other representatives), or (c) the violation of law by you (including any of your representatives).
YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR USE OF THE DEVICE, THE GRIN SERVICES, THE APP OR ANY OF THE OTHER SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
To the extent that any modifications to the Terms or the Policies are not allowed under applicable laws, the prior most recent version of the Terms or the Policies shall continue to apply.
You agree to comply fully with all applicable export laws and regulations to ensure that none of the Device, the Services, and/or the App nor any technical data related thereto are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by such laws and regulations.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, in whole or in part, but may be assigned by Grin without restriction or notification to you. Any prohibited assignment shall be null and void.
Section 6 (Prohibited Conduct), Section 8 (Grin Services Intellectual Property Rights), Section 19 (Intellectual Property Rights), Section 21 (Data and Privacy), Section 22 (Warranty Disclaimers), Section 23 (Limitation of Liability), Section 24 (Indemnity), Section 25 (Dispute Resolution and Arbitration), Section 27 (Export Laws), Section 30 (Governing Law) and Section 36 (Miscellaneous) shall survive the termination of these Terms.
These Terms and the relationship between you and Grin shall be governed by and construed in accordance with the laws of the State of New York, without regard to its principles of conflict of laws. The exclusive jurisdiction in every matter and/or issue regarding these Terms that are not subject to arbitration or any exception pursuant to Section 25 will be exclusively granted to the state and Federal courts in New York County, New York. The party prevailing in any legal suit, action, or proceeding shall be entitled to receive in addition to all other damages to which it may be entitled, the costs incurred by such party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.
Support shall be provided via email at firstname.lastname@example.org or through the “Help” link on our website between the hours of 9:00 am and 5:00 pm EST Monday to Friday, excluding all Federal, state, and other company holidays. Grin shall use commercially reasonable efforts to respond to any issues within one (1) business day.
Grin is based in the state of New York in the United States. The Device, the Services, and/or the App are intended solely for users located within the United States and Canada. Grin makes no claims that accessing or using or that the Device, the Services, and/or the App or any of the content is accessible or appropriate outside of the United States or Canada. Accessing or using the Device, the Services, and/or the App may not be legal by certain persons or in certain countries. If you access or use the Device, the Services, and/or the App from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Grin with respect thereto.
Apple. If you download the App from the Apple, Inc. (“Apple”) App Store (or in any event if you download an Apple iOS App) then, without derogating from the warranty disclaimers and limitation of liability as set forth in the Terms:
(a) You acknowledge and agree that:
(i) This agreement is concluded between Grin and you only, and not with Apple, and Apple is not responsible for the App and the content thereof;
(ii) Your use of the App is also subject to the Usage Rules established by Apple, including those set forth in the Apple App Store Terms of Service, effective as of the date that you enter into this Agreement;
(iii) The License granted herein is limited to a non-transferable right to use the App on an Apple iPhone, iPod Touch, iPad, or other Apple-branded product that you own or control and that runs the iOS;
(iv) Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;
(v) Apple is not responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will, to the extent applicable, refund any purchase price paid (if any) by you for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App;
(vi) Apple is not responsible for addressing any product claims you, or any third party, may have relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation, including in connection with the App’s use of HealthKit and HomeKit frameworks;
(vii) in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Apple shall not be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; and
(viii) Apple, and its subsidiaries, are third party beneficiaries of this agreement, and that, upon your acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.
(b) You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
(c) If you have any questions, complaints, or claims regarding the App, please contact Grin at: email@example.com.
By entering into this agreement, you, to the extent legally permitted, hereby waive any applicable law requiring that this agreement be localized to meet your language and other local requirements. To the extent that the foregoing is not permitted, you agree to be bound by the standard Apple Licensed Application End User License Agreement, which is part of the Apple App Store Terms of Service, at www.apple.com/legal/itunes/us/terms.html#SERVICE (as amended from time to time).
These Terms, the Policies, and the applicable Order constitute the entire agreement between you and Grin concerning the Device, the Grin Services, the App and the other Services, and supersede and replace any and all prior and contemporaneous oral and/or written agreements, understandings and statements between Grin and you with respect to such subject matter. You acknowledge and agree that in entering into these Terms, you have not relied on any statement or representation (whether negligently or innocently made) not expressly set out in these Terms, for example, statements and explanations in any FAQs or other marketing material on the Site are for convenience only and are not binding or a part of these Terms. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms, the use of the word “including” means “including but not limited to”. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. NO WAIVER OF ANY TERM OF THESE TERMS SHALL BE DEEMED A FURTHER OR CONTINUING WAIVER OF SUCH TERM OR ANY OTHER TERM, AND A PARTY’S FAILURE TO ASSERT ANY RIGHT OR PROVISION UNDER THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
The Device, the Grin Services, the App and the other Services are offered by Get-Grin Inc. or Grin Group, LLC, located at 382A Rte 59, Airmont, NY 10952. If you have any questions, complaints, or claims regarding the Device, the Grin Services, the App or any of the other Services, you may contact us by sending correspondence to that address or by emailing us at firstname.lastname@example.org.
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Device, the Services, and/or the App or to receive further information regarding the use of the Device, the Services, and/or the App.
It is the express wish of the parties that these Terms and related documents be drawn up in English. Il est de la volonté expresse des parties que cette convention et tous les documents s’y rattachant soient rédigés en anglais.
© Get-Grin Inc. 2022