Terms and Conditions for Use of Lori® Smarter Phone Protection (“Terms of Use Agreement” or “Agreement”)

Effective: January 1, 2020.

By using the online Lori® Smarter Phone Protection Platform (collectively the "Lori Platform"), you agree to fully comply with and be bound by this Terms of Use Agreement. The Lori Platform consists of an online, cloud-based platform which is accessed via a website or a mobile software application that you may download onto your mobile device. The Lori Platform can access your mobile device’s information (e.g., on-device diagnostics and cracked screen detection) Please review this Terms of Use Agreement carefully. If you do not agree to the terms of this Terms of Use Agreement, you should not use the Lori Platform. The terms "Lorica," "us," or "our" refers to Lorica, LLC. The term "you" refers to the user or viewer of the Lori Platform.

‍1. Acceptance of the Terms of Use Agreement.

  1. The Lori Platform is an online service providing users with access to cloud-based software that provides mobile device diagnostic information. You agree to the terms and conditions outlined in this Terms of Use Agreement. You must review and agree to this Agreement prior to using or accessing the Lori Platform. This Agreement constitutes the entire and only agreement between Lorica and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to your use of the Lori Platform, the content, products or services provided by or through the Lori Platform, and the subject matter of this Agreement. Lorica may amend this Agreement at any time without providing you specific notice. From time to time, Lorica may update this Terms of Use Agreement and any changes will be posted on the Lori Platform; your  continued use of the Lori Platform following any change(s) to this Terms of Use agreement constitutes your acceptance of the change(s).
  2. Software
    • License Grant. Subject to the terms and conditions of this Agreement, and conditioned on your compliance therewith, Lorica hereby grants to you a non-exclusive, non-sublicensable and non-transferable, limited license to use the Lori Platform and solely as provided in this Agreement during the period of your authorized use.
    • Scope of Licensed Access and Use. You may access the Lori Platform via the internet, or you may install, use and run the application on a mobile device solely for the purpose of using the Lori Platform.
    • Use Restrictions. Except as this Agreement expressly permits, you shall not, and shall not permit any other person to:
      • copy any part of the Lori Platform, in whole or in part;
      • modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of any part of the Lori Platform;
      • reverse engineer, disassemble, decompile, decode or adapt the Lori Platform, or otherwise attempt to derive or gain access to the source code of the Lori Platform, in whole or in part;
      • bypass or breach any security device or protection used for or contained in the Lori Platform or documentation provided therewith;
      • remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, terms of the documentation, warranties, disclaimers, or intellectual property rights, proprietary rights or other symbols, notices, marks or serial numbers on or relating to the Lori Platform;
      • use the Lori Platform in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law;
      • use the Lori Platform for purposes of:
        • benchmarking or competitive analysis of the Lori Platform;
        • developing, using or providing a competing software product or service; or
        • any other purpose that is to Lorica's detriment or commercial disadvantage;
      • use the Lori Platform in or in connection with the design, construction, maintenance, operation or use of any hazardous environments, systems or applications, any safety response systems or other safety-critical applications, or any other use or application in which the use or failure of the Lori Platform could lead to personal injury or severe physical or property damage;
        • use the Lori Platform for any purpose or application not expressly permitted by this Agreement
  3. THIRD-PARTY SOFTWARE AND OPEN SOURCE. INDIVIDUAL SOFTWARE COMPONENTS, EACH OF WHICH HAS ITS OWN COPYRIGHT AND ITS OWN APPLICABLE LICENSE CONDITIONS FROM THIRD PARTIES MAY BE DISTRIBUTED, EMBEDDED, OR BUNDLED WITH THE LORI PLATFORM, INCLUDING OPEN SOURCE. SUCH THIRD-PARTY SOFTWARE AND OPEN SOURCE SOFTWARE IS SEPARATELY LICENSED BY ITS COPYRIGHT HOLDER. USE OF SUCH THIRD-PARTY SOFTWARE AND OPEN SOURCE SOFTWARE MUST BE IN ACCORDANCE WITH THE LICENSE TERMS APPLICABLE TO SUCH SOFTWARE. LORICA MAKES NO REPRESENTATION, WARRANTY OR OTHER COMMITMENT OF ANY KIND REGARDING SUCH THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE. LORICA OFFERS NO SUPPORT FOR SUCH THIRD-PARTY SOFTWARE OR OPEN SOURCE SOFTWARE AND SHALL, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HAVE NO LIABILITY ASSOCIATED WITH ITS USE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE) BY LORICA’S THIRD PARTY PROVIDERS OF THIRD-PARTY SOFTWARE.

‍2. Copyright Protection.

‍The design, content, graphics, compilation, magnetic translation, organization, digital conversion and other matters related to the Lori Platform are protected under applicable copyrights, trademarks and other proprietary rights, including without limitation, intellectual property rights. Except as permitted in by the terms of Section 4 herein, you are strictly prohibited from copying, redistributing, using, or publishing any such matters or any part of the Lori Platform. You do not acquire ownership rights to any content or other materials viewed through the Lori Platform. The Lori Platform may include postings of information or materials, but such postings do not constitute a waiver of any right in such information and materials. Except as specifically provided in this Agreement, you may not use the Lori Platform or any Content retrieved from the Lori Platform in any manner that infringes the copyrights or proprietary interests therein. You may not remove or obscure the copyright notice or other notices contained in the Lori Platform.

‍3. Lorica Trademarks and Service Marks.

‍LORICA, Lori and any related marks are trademarks or registered trademarks of Lorica or its affiliates.  The Lori Platform, including, without limitation, its graphics, logos, page headers, icons, and scripts constitute trade dress of Lorica. You may not use or reproduce, or cause to be used or reproduced, Lorica’s trademarks, service marks or trade dress, without prior written approval from Lorica.  Lorica’s trademarks, service marks, and trade dress may not be used in connection with any product or service that is not affiliated with Lorica.  Lorica’s trademarks, service marks, and trade dress may not be used in any manner that (i) dilutes the rights of Lorica, (ii) disparages or discredits  Lorica, or (iii) is likely to cause confusion among the general public. Any trademarks that are not Lorica trademarks and that appear in the Lori Platform are the property of their respective owners, who may or may not be affiliated with or sponsored by Lorica.

‍4. License to the Lori Platform.

For as long as you continue to access the Lori Platform, you are granted a non-exclusive, non-transferable, revocable, non-sublicensable, limited license to access and use the Lori Platform strictly in accordance with this Agreement and  solely for your personal use and not for commercial purposes. Your right to use the Lori Platform is not transferable or assignable. Any password or right given to you to obtain access to the Lori Platform or information from the Lori Platform is not transferable or assignable. Lorica may change the Lori Platform without notice. Lorica may add or remove content from the Lori Platform without notice.

‍5. Lori Platform Privacy Policy.

6. Account Access.

You must maintain the accuracy of the information you provide to Lorica relating to your account. You are responsible for keeping your account and password strictly confidential. Furthermore, you are responsible for restricting access to your computer or mobile device. If you share your account to Lorica with other persons or provide your password to other persons, you take full responsibility for their actions. If you elect to use public or shared computers or unprotected mobile devices, you must log out after each time you access the Lori Platform. If you are a victim of identity theft and it involves your Lori Platform account, you should immediately notify Lorica. Lorica reserves the right to place a hold on any account, at any time, with or without notification to you in order to protect Lorica and its partners from what it believes to be fraudulent activity.

‍7. Violations of this Agreement and Unlawful Activity.

Lorica reserves the right to investigate complaints or reported violations of this Agreement. We reserve the right to take any action we determine, in our sole discretion, appropriate, including without limitation (i) reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties; (ii) disclosing any information required or appropriate to such officials or entities relating to your account, email address(es), traffic and usage history, and IP address(es).

‍8. Indemnification.

You agree to indemnify, defend and hold Lorica and our affiliates, partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers, and product and service providers (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Lori Platform.

‍9. Disclaimer.

THE LORI PLATFORM IS PROVIDED "AS-IS," "AS AVAILABLE," WITH "ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE). THE LORI PLATFORM MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. LORICA AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE LORI PLATFORM. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), BREACH OF CONTRACT OR WARRANTY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LORICA AND YOU. THE LORI PLATFORM WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE LORI PLATFORM OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

‍10. Limitation of Liability.

‍11. Use of Submitted Information.

We reserve the right, and you authorize Lorica, to the use and assignment of all information regarding your use of the Lori Platform and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to Lorica (collectively, a "Submission") will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Lorica, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

12. Compliance with Applicable Laws.

13. Confidentiality.

14. General Provisions.