Terms and Conditions Agreement
1. Acceptance of Terms
1.1 Citra L3C (referred to here as “Citra”) provides its Service (as defined below) to You through its app access located at www.citraapp.org (the “Site”) are subject to this Terms and Conditions Agreement (“TCA”). By accepting this TCA or by accessing or using the Service or Site, You acknowledge that you have read, understood, and agree to be bound by this TCA. If You are entering into this TCA on behalf of a company or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TCA, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If You do not have such authority, or if you do not agree with these TCA, You must not accept these TCA and may not use the Service.
1.2 Citra may change this TCA from time to time without prior notice. The revised terms and conditions will become effective upon posting and if You use the Service after that date, we will treat your use as acceptance of the revised terms and conditions. If any change to this TCA is not acceptable to You, your only remedy is to stop accessing and using the Service.
2. Description of Service
The “Service” includes (a) the Site, (b) the CitraApp available on from the Apple store and Google Play, and (c) all software, data, text, images, sounds, video, and content made available through the Site or services (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to this TCA.
3. General Conditions/ Access and Use of the Service
3.1 Subject to the terms and conditions of this TCA, You may access and use the Service only for your personal or internal business purposes as contemplated by the Agreement. You shall not (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than as expressly permitted by this TCA, or (b) use the Service in any unlawful manner or in any manner that interferes with or disrupts the integrity or performance of the Service and its components.
3.2 Subject only to the limited right to access and use the Service expressly granted to You under this TCA, all rights, title and interest in and to the Service and its components will remain with and belong exclusively to Citra. You shall not modify, adapt or hack the Service to falsely imply any sponsorship or association with Citra, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
3.3 You are responsible for all information, data, text, messages or other materials that You post or otherwise transmit via the Service. You are responsible for maintaining the confidentiality of your login and account and are fully responsible for any and all activities that occur under your login or account. You agree and acknowledge that your login may only be used by one (1) person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. Citra reserves the right to access any or all your accounts in order to respond to your requests for technical support.
3.4 You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Citra’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service.
3.5 The failure of Citra to exercise or enforce any right or provision of this TCA shall not be a waiver of that right. You acknowledge that this TCA is a contract between You and Citra, even though it is electronic and is not physically signed by you and Citra, and it governs your use of the Service and takes the place of any prior agreements between You and Citra.
4.1 “CitraApp” and Citra’s various logos used or displayed on the Service are trademarks of Citra and You may only use these trademarks or logos for promotional purposes to identify yourself as a customer or user of the Citra products and services, provided you do not attempt to claim ownership of the marks by incorporating any of them within your names or offerings.The images provided within the CitraApp and the Site are copyrighted. They are authorized for use by Citra only.
4.2 Certain CitraApp library images are copyrighted by the following, and used with the copyright holder’s permission as noted above: N2Y, Inc produces of SymbolStix and DynaVox LLC produces or Picture Communication Symbols (“PCS”).
4.3 The SymbolStix Library of Character/Logo Symbols contained in CitraApp may be used solely for communication purposes and may not be sold, copied or otherwise exploited for any type of profit.
4.4 The“PCS” accessed in CitraApp may be not be used by to create materials in prints or electronic form, whether for communication or instruction, except by You and your personal use of the CitraApp. You may not rent lease, or lend PCS symbols, or provide them to any online service or commercial hosting. You may not sublicense, assign or transfer any rights to the PCS, or authorize all or any portion of the PCS symbols to which You has access to be copied onto any computer or device owned except for your personal use of the CitraApp.
5. Payment and Refunds
5.1 All fees associated with Your access to and use of the Service are due in full upon commencement of your subscription term of one year. If You are an Individual, charges are paid by credit card through the Citra Site where site licenses for organizations with multiple users will be invoiced. Subscription fees for the Service are subject to change upon notice from Citra. In addition, special pricing may apply for customers with an exceptionally high number of end-users of the Service. Citra does not provide refunds or credits.
5.2 Citra uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain, or use your billing information except to process your credit card information for Citra. Please visit http://www.http://citraapp.com/privacy-policy/ to understand how Citra collects and uses personal information.
6. Cancellation and Termination
6.1 You are responsible for properly cancelling your account prior to the renewal date, one year from initial Service was provided. You can cancel your account by providing written notification to firstname.lastname@example.org. There are no other means of cancelling your account. All of your content will be deleted from the Service within one (1) hour upon cancellation. This information cannot be recovered once your account is cancelled. If you are subscribed to the Paid Plan and You cancel the Service, your cancellation will take effect immediately and you will not be charged again.
6.2 Citra reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate your account (any part thereof) or use of the Service and remove and discard any of your content in the Service, for any reason, including, if Citra believes that You have violated these TCA. Citra will use best efforts to publish on the Site or notify You about any planned downtime of the Service, and will use all reasonable efforts to contact you directly via email to warn you prior to suspension or termination of your account. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of Service, may be referred to appropriate law enforcement authorities. Citra shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service.
7. Disclaimer of Warranties
The service, including the site and content, and all server and network components are provided on an “as is” and “as available” basis without any warranties of any kind, to the fullest extent permitted by law and Citra expressly disclaims any and all warranties, whether express or implied, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, and non-infringement. You acknowledge that Citra does not warrant that the service will be uninterrupted, timely, secure, error-free or virus-free and no information or advice obtained by you from Citra or through the service shall create any warranty not expressly stated in this TCA.
8. Limitation of Liability
8.1 under no circumstances and under no legal theory (whether in contract, tort, or otherwise) shall Citra be liable to you or any third party for any indirect, incidental, special, exemplary, consequential or punitive damages, including lost profits, lost sales or business, lost data or business interruption. In addition, Citra shall not be liable for any direct damages, costs, losses or liabilities in excess of the yearly service fee paid or payable by you for the one month preceding the time of any claim for monetary damages or one hundred ($100) U.S. dollars. The provisions of this section allocate the risks under this TCA between the parties, and the parties have relied on these limitations in determining whether to enter into this agreement.
8.2 some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these states, Citra’s liability will be limited to the greatest extent permitted by law.
Citra may assign or transfer this TCA, in whole or in part, without restriction.
10. Export Compliance
You are responsible for complying with any applicable laws, rules, or regulations governing the export of the service or any of its components.
11. Governing Law
These TCA shall be governed by the laws of the state of Ohio without regard to the principles of conflicts of law. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the state of Ohio for the purpose of resolving any dispute relating to your access to or use of the service.