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NEWS / 04.15.15

OneTap receives Connected to the Community Award

AppColony is both happy and honoured to receive the Canadian Wireless Telecommunications Association’s Connected to the Community Award. This award celebrates organizations using wireless technology to improve the lives of Canadians. We would like to thank the CWTA for inviting us to their wonderful event and for recognizing our work with OneTap.

Since launching this past February, OneTap has been downloaded by thousands of Canadians, helping prevent over 50,000 notifications while they drive. That’s over 2.3 million kilometres of distraction-free driving. We’re very proud of how the app has performed and we’re excited for OneTap’s future.

About the Connected to the Community Awards The Connected to the Community Awards are an opportunity for the CWTA to pay tribute to outstanding organizations in Canada’s wireless industry. The program has focused on numerous partnerships with community projects – ranging from organ transplants to emergency access programs – as well as educational and R&D initiatives ranging from mentoring programs to major funding for ground-breaking research by some of Canada’s top researchers.

About the Canadian Wireless Telecommunications Association The Canadian Wireless Telecommunications Association is the authority on wireless issues, developments and trends in Canada. It represents wireless service providers as well as companies that develop and produce products and services for the industry, including handset and equipment manufacturers, content and application creators and business-to-business service providers.

For more information, visit cwta.ca.

End User License Agreement

This End User License Agreement (“EULA”) is entered into between you and AppColony regarding your use of the One Tap application (the “Software”). Downloading or using the Software is deemed to be your acceptance of this EULA. If you do not agree to the terms of this EULA, and any future terms, you are not entitled to use the Software and must uninstall the Software from all of your mobile devices. 

1.     TERMS OF DOWNLOAD SITE

The Software is made available to you through certain providers (in particular, Apple Inc. and Google Inc.) that operate online stores that facilitate downloading of mobile applications. A provider of an online store is referred to in this EULA as a “Download Site Operator” and the store referred to as a “Download Site”. There are terms and conditions posted or made available from a Download Site that may apply between you and the Download Site Operator, and your download and use of the Software is subject to those terms as well as this EULA. 

2.     SCOPE OF LICENSE

The Software is licensed, not sold, to you. You have no ownership rights in the Software or any related documentation. AppColony retains all right, title and interest in and to the Software (including any changes, modification, or corrections thereto) and any related documentation. Subject to the terms and conditions of this EULA, AppColony hereby grants to you a non-exclusive, non-assignable, non-transferrable license without the rights to sublicense (the “License”) to install and use one copy of the Software on a single compatible mobile device (for example, an Apple iPhone OS product or android phone) you own or control. Updates may be provided at the option of AppColony as and when available. If an update is provided, the update will be subject to the EULA or any replacement EULA that may be supplied as part of the update, as well as any additional terms that may be included with the update.

3.     INTELLECUTAL PROPERTY

This Software and any related documentation are protected by copyright law and other intellectual property laws and international treaty provisions. All title to and intellectual property, including copyrights in the Software (including all logos, design and images) are and shall remain the property of AppColony. AppColony reserves all rights in the Software. All trade-marks used in the Software are trade-marks of AppColony, other than the trade-mark of any sponsor of the Software (“Sponsors”), which is used with permission.

4.     THIRD PARTY INTELLECTUAL PROPERTY

i)        Title and intellectual property rights in and to any content displayed by or accessed through the Software belongs to the respective content owner. Such content is protected by copyright or other intellectual property laws and treaties, and is subject to terms of use of the third party providing such content. This EULA does not grant you the right to copy, modify, adapt, create derivative works or make other use of such content.

ii)             You agree to comply with all terms and conditions of any third party whose software or services are used in conjunction with the Software.

 

5.     LIMITATION OF USE

You agree that you may not copy, modify, adapt, translate into any language, distribute or create derivative works based on the Software without the prior written consent of AppColony. You may not assign this EULA or any of the rights or licenses granted under this EULA. You many not rent, lease, or lend the Software to any person or entity. You acknowledge that the Software contains proprietary trade secrets of AppColony. You agree that you will not, and will not allow any other person, to decompile, disassemble, reverse engineer, or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques, or algorithms of the Software by any means whatsoever, except to the extent the foregoing restriction is prohibited by applicable law. You may not remove, alter or obscure any product identification, copyright, trade-mark, logos or other intellectual property or legal notices in the Software. You are not permitted to make the Software available over a network where it could be downloaded by multiple users. 

6.     CONSENT TO COLLECTION AND USE OF DATA

i)           The Software may allow at your discretion, the collection and storage of data, content and materials created by you (collectively, “User Data”). You are in control of the information you enter, transmit or display in connection with your use of the Software and you are solely responsible for the consequences of any such actions. By using the Software, you give AppColony permission to collect and store such User Data in an anonymous form, which will be transmitted and shared with government agencies and Sponsors. 

 

ii)             AppColony assumes no responsibility whatsoever in relation to or arising from User Data or for actively monitoring User Data for inappropriate or illegal content. AppColony further assumes no responsibility whatsoever for the reporting or identification of general or specific driving behaviors unless such service is requested by you separately.

 

iii)            AppColony reserves the right to prevent you from submitting User Data and to restrict or remove any User Data for any reason at any time.

 

iv)            AppColony may ask you to provide certain personal information about yourself during the Software downloading process. Any information provided to AppColony about an individual whose identity may be inferred or determined from the information is referred to in this EULA as “Personal Information.” All Personal Information that you provide to us will be handled by AppColony in accordance with AppColony’s Privacy Policy, which is available at www.getonetap.come/privacy. AppColony will not disclose your Personal Information collected through the Software to third parties without your consent to do so. In the event that AppColony wants to share your Personal Information with a third party, a notice will be sent to you through the Software requesting permission to disclose your Personal Information to a named third Party. You will have to check the relevant box indicating that you consent to the disclosure of your Personal Information to the named third party.

 

v)             You agree that AppColony may collect and use technical data, including but not limited to your IP address and technical information about your mobile device, operating system and browser, to improve your experience with respect to the Software and to facilitate the provision of software updates. AppColony may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

7.     CONFIDENTIALITY AND SECURITY

You are solely responsible for securing and safeguarding your mobile device, and any information you choose to enter, store or transmit using the Software.

8.     MAINTENANCE AND SUPPORT

The Software is intended for personal and individual use on a mobile device, and is free of charge to those who download it. No maintenance or support services of any kind are included with the Software and you expressly acknowledge that neither AppColony nor the Download Site Operator have any obligation whatsoever to furnish maintenance and support services with respect to the Software.

9.     COST AND LIMITATIONS OF ACCESS

i)               You are solely responsible for your use of the Software on your mobile device, including without limitation compliance with these and any applicable third party terms, and payment of any applicable third party fees. Without limiting the generality of the foregoing, you must provide at your own expense the equipment, mobile devices and/or any service plan you use in connection with your use of the Software. You acknowledge that when you use this Software, your wireless carrier may charge you fees for data, messaging or other wireless access as applicable under your service plan with such carrier.

 

ii)             AppColony does not guarantee that this Software is accessible on all mobile devices or with all mobile service plans. AppColony does not guarantee that this Software is or will be available in all geographic locations at all times.

10.  TERM AND TERMINATION

The term of the License begins on the date you install the Software on your mobile device and is effective until terminated by you or AppColony. Failure to comply with any terms of this EULA shall result in the automatic termination of your rights under the License without notice from AppColony. Upon termination of the License, you shall cease all use of the Software and uninstall all copies of the Software in your possession or control. Termination will not limit any of AppColony’s rights and remedies under this Agreement. The provisions of Sections 3, 4, 5, 11, 13, 14, 15 and 17(c) shall survive termination or expiration of this EULA for any reason.

11.  THIRD PARTY MATERIALS

AppColony may provide links from the Software to certain third party (“Third Party Materials”). You acknowledge and agree that AppColony is not responsible for examining or evaluating the content, accuracy, validity, timeliness, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. AppColony does not imply approval or endorse such Third Party Materials and does not assume and will not have any liability or responsibility for any Third-Party Materials or websites, or for any other material, products, or services of third parties. You further agree and acknowledge that you may be subject to other terms and conditions from third parties when you use such third parties’ material, products, services, software, websites or portals and that the present terms and conditions may no longer apply.

12.  PRODUCT CLAIMS

You acknowledge that this EULA is between you and AppColony and not the Download Site Operators or any Sponsor. AppColony is responsible for addressing any claims by you or any third party relating to the Software or your possession and/or use of the Software including but not limited to: (i) product liability claims; (ii) any claim that the Software fails to abide by any applicable legal or regulatory environment; and (iii) claims arising under consumer protection or similar legislation.

13.  DISCLAIMER OF WARRANTY

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SOFTWARE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY, ASSURANCES OF GUARANTEE OF ANY KIND.  APPCOLONY, ITS AFFILIATES AND ITS LICENSORS (COLLECTIVELY, “APPCOLONY” FOR THE PURPOSES OF THIS SECTION, THE LIMITATION OF LIABILITY SECTION AND INDEMNIFICATION SECTION) DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES, REPRESENTATIONS OR STATEMENTS WHATSOEVER WHETHER EXPRESS OR IMPLIED BY STATUTE, CUSTOM, USAGE OR OTHERWISE WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION: ANY IMPLIED WARRANTIES OF CONDITION, MERCHANTABILITY OR QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED USE, OR ANY WARRANTY THAT THE SOFTWARE IS ACCURATE OR COMPLETE. APPCOLONY DOES NOT WARRANT: AGAINST INTERFERENCE WITH YOUR USE OR ENJOYMENT OF THE SOFTWARE; THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE SOFTWARE WILL BE ERROR FREE; THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY OTHER APP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF RIGHTS OF CONSUMERS AND THUS, THE ABOVE EXCLUSIONS AND LIMITATION MAY NOT APPLY TO YOU. APPCOLONY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OR DAMAGES TO YOUR MOBILE DEVICE.

14.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, APPCOLONY SHALL IN NO CIRCUMSTANCES HAVE ANY LIABILITY TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, COMPUTER OR SECURITY FAILURE OR MALFUNCTION, OR ANY OTHER FORM OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING DIRECTLY OR INDIRECTLY OR RESULTING FROM: THIS EULA; THE SOFTWARE OR YOUR USE OF THE SOFTWARE; ANY FAILURE, INTERRUPTION OR DEFECT IN THE SOFTWARE, THE DEVICE UPON WHICH THE SOFTWARE IS STORED OR ANY THIRD PARTY SERVICES; ANY DELETION, CORRUPTION OR FAILURE OF THE SOFTWARE TO STORE OR TRANSMIT DATA; ANY BREACHES RELATING TO OR ARISING FROM A BREACH OF PRIVACY OR SECURITY IN TRANSMISSION, RETRIEVAL OR STORAGE OF DATA; WHETHER SUCH DAMAGES ARISE IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE AND WHETHER APPCOLONY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIABILITY EXCLUSIONS OR DAMAGES LIMITATION AND THUS, THE ABOVE MAY NOT APPLY TO YOU.

15.  INDEMNIFICATION

You agree to indemnify and hold AppColony, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, contractors or anyone else who has been involved in the creation, production or delivery of the Software (collectively, the “Indemnified Parties”) harmless from and against any claim, liability, loss, damages, costs and expenses incurred by the Indemnified Parties arising out of or in connection with (i) your use of the Software; (ii) your breach of this EULA; (iii) any action taken by AppColony as part of its investigation of a suspected violation of this EULA or as a result of its finding or decision that a violation of this EULA has occurred; or (iv) any violation by you of any laws or rights of a third party.

16.  USE OF SOFTWARE WHILE DRIVING

You agree not to use the Software while driving any motorized vehicle in a manner that presents a danger to others, that would constitute a criminal offence or give rise to civil liability. You acknowledge and understand that use of the Software, other than for its intended purpose, while driving is dangerous and may result in accidents. Your use of the Software is at your sole risk.

17.  GENERAL

a)    Severability and Survival: If any provision of this EULA is unenforceable under applicable law, the remainder of the provision and this EULA shall continue in full force and effect.

 

b)    Waiver: The failure by AppColony to exercise or enforce any right or provision of this EULA shall not constitute a waiver of its rights to subsequently exercise or enforce such right or any other provision of this EULA.

 

c)     Governing Law: The Software is available only in Canada and is intended for use only by Canadian residents. You expressly agree that the governing law and exclusive jurisdiction for any claim or action arising out of or related to this Software shall be British Columbia, Canada.

 

d)    Entire Agreement: This EULA is the entire agreement between you and AppColony with respect to the Software and supersedes all prior or contemporaneous understandings. We reserve the right to modify this EULA at any time. Such modification shall be effective immediately upon notice to you, which may be given by any means including, without limitation, by posting a new EULA at www.getonetap.com/eula. Your continued use of the Software after the provision of such notice shall be deemed to constitute your acceptance of such modifications.

 

e)    US Embargo Requirements: The Software is intended for use by Canadians only. By downloading the Software you represent and warrant that (i) 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; (ii) you will not use the Software in any such place; and  (iii) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

f)     Developer Name and Address: Any of your questions, complaints or claims with respect to the Software should be directed to:

AppColony

1019 Wharf Street, Suite 500

Victoria, British Columbia, Canada V8W 2Y9

 

g)    Third Party Beneficiary: You and AppColony acknowledge and agree that the provider of the Download Site from which you downloaded the Software from (Apple Inc. or Google Inc.) and the subsidiaries of such provider, are third party beneficiaries of this EULA, and upon your acceptance of the terms and conditions of this EULA, such provider shall have the rights (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary thereof.