Privacy Policy
Grouptuity is a simple app, so we think our policy should be too. We don’t collect personal data.
Do you collect any information?
We never collect and store people's names, contact info, or locations. Features that send email messages, like receipts or payment requests, are fully handled through your phone, so we never see what's being sent (unless of course you directly email us at support@grouptuity.com).
If you use the Venmo integration feature, the app may send contact information for diners on a bill to Venmo's server to do Venmo username lookups and processing of Venmo payment requests. This is the only time contact data gets sent over the internet during the use of Grouptuity, and you can disable using Venmo in the app settings if you prefer. Outside of that, we never give out personal information about you or your contacts to third parties.
Terms of Service and End User License Agreement
Applicable from: 8 December, 2012.
BY USING THE GROUPTUITY MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS.
The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and the owners of the Grouptuity mobile application (“Grouptuity”). This EULA governs your use of the Application (as specified below).
For purposes of this EULA the "Application" means all software programs made available by Grouptuity including, but not limited to the Grouptuity mobile application. The “Application” also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.
The application is licensed, not sold. Your use of the Application (as specified below) is subject to the terms and conditions set forth in this EULA. By installing, using or accessing the Application or any materials included in or with the Application, you hereby accept the terms of this EULA. If you do not accept the terms of this EULA, do not install, use or access the Application.
1. LICENSES
SOFTWARE LICENSE: Subject to this EULA and its terms and conditions, Grouptuity hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Application on your mobile devices, unless otherwise specified in the Application documentation. The rights granted herein are subject to your compliance with this EULA. The Application is being licensed to you and you hereby acknowledge that no title or ownership in the Application is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Application.
OWNERSHIP; NO OTHER LICENSES: Grouptuity retains all right, title and interest in and to the Application, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, themes, settings, and artwork whether registered or not and all applications thereof. The Application is protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Application may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Grouptuity. All rights not expressly granted to you herein are reserved by Grouptuity.
2. CREDITS
The Grouptuity Credits virtual currency (“Credits”) is a payment method for use of features in the Application. The following terms apply to Credits usage:
When you purchase or receive Credits, you do not own those Credits. Notwithstanding the terminology used, Credits represent a limited license right governed solely under this EULA. You have a limited right to use the Credits in connection with your use of the features in Grouptuity. Except as otherwise stated, purchases of Credits are non-refundable to the full extent permitted by law.
Your balance of Credits is stored locally on your device. Uninstallation of the Application or deletion of data related to the Application will void your credit balance.
You acknowledge and agree that credits have no cash value and that neither Grouptuity nor any other person or entity has any obligation to exchange your credits for anything of value, including without limitation, real currency, and that, if your copy of the Application or its data is uninstalled, deleted, removed, reset, or otherwise modified or if your right to access the Application is terminated, the credits shall have no value, and Grouptuity shall have no responsibility to refund, replace, or restore your Credits.
Grouptuity has the absolute right to manage, modify, control, regulate and/or eliminate Credits as it sees fit in its sole discretion, and Grouptuity shall have no liability to you or anyone else for the exercise of such rights. For example, Credits will be lost, deleted, or forfeited when/if your Application data is uninstalled, deleted, or removed for any reason.
Grouptuity reserves the right, in its sole discretion, to make all calculations regarding your balance of Credits. Grouptuity further reserves the right, in its sole discretion, to determine the number of Credits that are credited and debited to you in connection with your use of the Application. While Grouptuity strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that Grouptuity’s determination of your balance of Credits is final, unless you can provide documentation to Grouptuity that such calculation was or is intentionally incorrect.
Grouptuity may change the purchase price for Credits at any time, as well as the ways that you can use or transfer Credits. Grouptuity also reserves the right to stop issuing Credits. Credits are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing or unless required by law. Grouptuity may issue a small number of free or promotional Credits to users. Grouptuity may expire these at any time.
3. INFORMATION COLLECTION AND USE; PRIVACY POLICY
By installing, accessing or using the Application, you consent to these information collection and usage terms. Grouptuity respects your privacy rights and recognizes the importance of protecting any information collected about you. Grouptuity's privacy policy as amended from time to time is available at www.grouptuity.com/legal ("Privacy Policy") and applicable to this EULA. Grouptuity’s Privacy Policy defines how, why and to which extent Grouptuity collects and uses personal and non-personal information in relation to Grouptuity's products and services. By installing, accessing or using the Application you explicitly agree with the terms and conditions of Grouptuity’s Privacy Policy and to any terms and conditions included therein by reference.
4. WARRANTY
NO WARRANTY: Grouptuity will not be liable for losses or damages arising from or in any way related to your access or use of the Application. To the fullest extent permissible under applicable law, the application is provided to you “as is,” with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Grouptuity does not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage, or trade practice. Grouptuity does not warrant against interference with your use of the application; that the application will meet your requirements; that operation of the application will be uninterrupted or error-free, or that the application will interoperate or be compatible with any other application or that any errors in the application will be corrected. No oral or written advice provided by Grouptuity or any authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.
5. LIMITATION OF LIABILITY
In no event will Grouptuity be liable for special, incidental or consequential damages resulting from possession, access, use or malfunction of the application, including but not limited to, damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the application, whether arising in tort (including negligence), contract, strict liability or otherwise and whether or not Grouptuity has been advised of the possibility of such damages. Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.
In no event shall Grouptuity’s liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the application or one US dollar ($1 USD), whichever is less.
INDEMNITY: You agree to indemnify, defend and hold Grouptuity, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Application pursuant to the terms of the EULA; or (ii) your breach of this EULA.
MISCELLANEOUS: This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a written document executed by both parties. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.
GOVERNING LAW AND DISPUTE RESOLUTION: This Agreement shall be governed by the laws of the State of California. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts and fora located in the State of California, and you consent to such jurisdiction and venue.
If you have any questions concerning this agreement, contact support@grouptuity.com.
Website Terms of Use
Grouptuity offers this Web site, including all information, software, products and services available from this Web site or offered as part of or in conjunction with this Web site (the "Web site"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Grouptuity reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
Your continued use of the Web site constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by Grouptuity.
The term 'grouptuity.com' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
Use the website at your own risk. This website is provided to you "as is," without warranty of any kind either express or implied. Neither Grouptuity nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the Web site or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Web site on behalf of Grouptuity. Grouptuity reserves the right to change or discontinue at any time any aspect or feature of the Web site.
Exclusion of Liability
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Indemnification
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
Copyright
Except for material in the public domain under United States copyright law, all material contained on the Web site (including all software, HTML, Javascript, stylesheets, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Web site without the prior consent of the copyright owner.
None of the material contained on the Web site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Grouptuity. Violation of this provision may result in severe civil and criminal penalties.