Terms of Service

Last Updated 3/24/2020

Welcome to the Gura platform (the “App”). By downloading or using the App, you agree to be bound by these Terms of Service (the “Terms”) between you and Zendly, Inc., a Delaware corporation (the “Company” or “we”).  These Terms shall apply whether or not you use the App through a user account (a “User”). As used herein, the term “you” means yourself personally and any entity or organization that you represent when using the App. 

We reserve the right to change these Terms at any time. You will be notified within the App of any such change.

  1. Eligibility and Appropriate Use

    1. By using the App, you represent, warrant, and covenant that:

      • You are 18 years or older and are legally permitted to use the App in your jurisdiction.

      • You have the authority and capacity to agree to these Terms on behalf of yourself or any entity or organization that you represent. 

      • All information that you transmit to the App is truthful and complete.

      • You are not located in a country subject to a US embargo or that has been designated by the US government as a “terrorist supporting” country.

      • You are not listed on any US government list of prohibited or restricted parties.

      • You will not hack, reverse engineer, index, or copy any portion of the App.

      • You will not use the App to transmit false or misleading information. 

      • You will not use the App to violate the Terms of Use (or similar such agreements) of Google or any other third party. 

      • You will obey all applicable laws, rules, and regulations when using the App. 

      • You will not use the App to distribute, share, copy, transmit, or sell any intellectual property to which you do not own the rights.

    2. The Company may modify, disable, or terminate the App at any time and for any reason or no reason. In that even, you may not be able to access email conversations or other data within the App.
       

  2. Transcription

    1. The App will access your emails for purposes of transcription into the Company’s proprietary formatting. The accuracy of all transcriptions cannot be guaranteed. Certain aspects of email messages may be truncated or altered when transcribed.

    2. To improve the efficiency of the App, a local cache may be stored on your phone. You acknowledge and agree that we may create this local cache.
       

  3. Certain Rights and Responsibilities Applicable to iPhone Users

    1. If you are using the App on an iOS platform, then you and the Company each acknowledge and agree that Apple, Inc. and its subsidiaries are third party beneficiaries to these Terms, and that Apple, Inc. will have the right to enforce this Agreement against you in its capacity as a third party beneficiary.

    2. You acknowledge that Apple, Inc. has no obligation to correct any errors or otherwise support or maintain the App.
       

  4. Intellectual Property

    1. Intellectual property used in the App, including trademarks, copyrights, and patents, are property of their respective owners. No license, assignment, or sale of intellectual property has been offered or made to you. Without limiting the generality of the foregoing, you acknowledge and agree the Company either owns or licenses all intellectual property it uses within the App. 

    2. You acknowledge and agree that the provision of access to any third party content or services (including, without limitation, Gmail or other email services) shall not constitute or imply any endorsement or affiliation by the Company or its affiliates of such third party content or services, nor shall it imply and endorsement by the respective third party of its endorsement or affiliation with the Company. “Gmail” is a registered trademark of Google LLC. 
       

  5. User Profiles

    1. Users may be required to create user profiles. Please read our Privacy Policy for additional information regarding information we collect and share. 
       

  6. Modifications and Termination of the App

    1. The Company reserves the right (at any time and in its sole discretion) to modify or discontinue (either temporarily or permanently) the App. 

    2. The Company may limit, suspend, revoke, or block your access to the App at any time, and for any reason, with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the App or your account. 

    3. To protect the integrity of the App and other services of the Company, the Company reserves the right at any time in its sole discretion to block Users from certain IP addresses (or IP address ranges) from accessing any portion of the App. 
       

  7. DISCLAIMERS AND LIMITATION OF LIABILITY 

    1. THE APP IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, WHETHER WRITTEN, EXPRESS, IMPLIED, OR OTHERWISE. 

    2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP, WHETHER PROVIDED BY THE COMPANY OR A THIRD PARTY, IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON THIRD PARTY INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE APP.

    3. UNDER NO CIRCUMSTANCE SHALL (I) APPLE, INC. OR (II) THE COMPANY, ITS AFFILIATES, OWNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DAMAGES OF ANY KIND (INCLUDING DIRECT, INDIRECT, GENERAL SPECIAL, OR COMPENSATORY DAMAGES IN CONNECTION) SUFFERED AS A RESULT OF YOUR USE OF THE APP OR SERVICES OF THE COMPANY, INCLUDING FROM MEETING OR COMMUNICATING WITH OTHER USERS.

    4. YOU ACKNOWLEDGE AND AGREE THAT HARMFUL, EXPLICIT, OR UPSETTING CONTENT MAY BE SENT VIA EMAIL AND THAT THE COMPANY SIMPLY PROVIDES ACCESS TO YOUR THIRD-PARTY EMAIL ACCOUNT. UNDER NO CIRCUMSTANCE WILL THE COMPANY BE RESPONSIBLE FOR ANY EMAIL YOU SEND OR RECEIVE. 
       

  8. Account Security

    1. We value the security of our users and ask that all users maintain the confidentiality of their usernames and passwords. You are solely responsible for your user account and all actions taken by it. You agree to immediately notify the Company of any unauthorized use of your username or password or any other breach of security.

    2. You agree that your user account is personal and non-transferable. You may not share your user account with any other person.
       

  9. Links

    1. Links to third parties be accessible through the App (whether provided by us or through third party emails you receive). Under no circumstance shall the Company be responsible for the availability, accuracy, or promises made by such third parties. You agree to hold the Company harmless for any damage or loss caused, directly or indirectly, by the use of, or reliance upon, any third party or affiliate content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
       

  10. Arbitration and Governing Law

    1. The exclusive means of resolving any dispute or claim arising out of or relating to these Terms (including any alleged breach thereof), or use of the App, shall be BINDING ARBITRATION administered by the American Arbitration Association on an individual basis. Such arbitration shall take place in New York County, New York and shall be governed in all respects by New York law.  The prevailing party shall be entitled to recover from the non-prevailing party its reasonable costs and fees associated with such arbitration. 

    2. You further agree to waive your right to participate in any class action, including a class or group arbitration. 

    3. Notwithstanding the terms of this Section 10, each party retains the right to bring an individual action in any court of proper jurisdiction to seek injunctive or other relief solely to prevent (i) the actual or threatened infringement, misappropriation or violation of a party's intellectual property rights or (ii) actual or threatened tortious interference with a business relationship or contract. 
       

  11. Use of Mobile Device

    1. The App uses or may use certain features of your mobile phone, including location services, access to photos, access to files, data, and phone.  You agree that the App may access these features, and further acknowledge that you may be charged by your phone, internet, or data provider for the use of these features. UNDER NO CIRCUMSTANCE SHALL THE COMPANY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, BE HELD RESPONSIBLE FOR ANY PHONE, DATA, OR RELATED CHARGES INCURRED BY YOUR USE OF THE APP.
       

  12. Indemnification

    1. You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, parents, and affiliates, and its and their officers, agents, partners and employees, against any loss, liability or claim, made by any third party due to or arising out of your breach or threatened breach of these Terms, your use of the App, and your violation of any statute, regulation, ordinance, code, or existing contractual duty. The Company may, in its discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
       

  13. Email Notification

    1. The Company may provide you with administrative and promotional notices regarding the Company or the App via email. You hereby expressly consent to receive such messages. You can unsubscribe from promotional emails at any time by following the appropriate link contained in the email. You can unsubscribe from administrative emails but may be required to terminate your account in order to do so.
       

  14. Miscellaneous 

    1. These Terms, coupled with the Privacy Policy (incorporated herein by reference), comprises the complete and entire agreement between you and the Company regarding the use of the App. 

    2. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect to the maximum extent possible. 

    3. Any delay or failure of the parties to exercise or enforce any right or provision of these Terms shall not be deemed an acquiescence or waiver of rights.

       

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