(Effective March 2016)
- The website www.gystapp.com (the “Website”);
- Our smartphone productivity app (the “App”); and
- Any email, text and other electronic communications between you and Gyst.
What information does Gyst collect?
- Technical Information. We may also collect and use technical data and related information, such as information about your device, system and application software and other data related to your interactions with the App (“Technical Information”) to enable us to provide the best user experience possible. We may automatically collect Technical Information through cookies, flash cookies, web beacons and log files. The information we collect from these technologies may include your IP address, device ID, browser information, web pages visited, and application usage statistics. For more information on the Technical Information we collect, please visit the “Permission Details” section of our page in the Google Play Store. If you do not want us to collect this Technical Information, you should not download the App or access the Website.
- Geo-Location Information. We may also collect information about your geographic location from you or your device, including your country, region, city, time zone, latitude, longitude, and horizontal position representation information (“Geo-Location Information”).
Information You Voluntarily Disclose
Certain features of the App are designed to allow you to directly communicate with other users of the App or to other third parties. These features include messages you send from your smartphone to others. Please keep in mind that whenever you voluntarily disclose Information through the App (such as sending text messages), that Information can be collected, used and shared by the recipient. You submit this Information at your own risk. We are not responsible for the security or privacy of any Information you choose to submit to third parties.
How does Gyst use Information?
We may use your Information, including your Personal Information, as follows:To provide software updates, product support, product enhancements and other services to you related to the App.
- To perform data analytics.
- To improve Gyst’s products and services.
- To enable you to participate in features of the App.
- To communicate with you, including about the App.
- To alert you to product upgrades, special offers, updated information and other new products and services offered by Gyst
- To respond to comments, questions or requests for customer service.
We may also use your Information for any other purpose with your consent.
Information We Share
Gyst or its agents, vendors or contractors may disclose Information, including your Personal Information, to third parties in the following circumstances:
- To our agents, vendors or contractors that we use to support the internal operations of our business, including performing data analytics, and who are required to keep the Information confidential and use it only for the purposes for which we disclose it to them.
- If required to do so by law, comply with legal process or to comply with a governmental or regulatory request;
- To protect and defend the rights or property of Gyst or its agents or contractors;
- To enforce our End User License Agreement or other Gyst agreements;
- To act in urgent circumstances to protect the personal safety of users of the App or the Website or the public; and
- As part of a transaction or potential transaction where Gyst merges with another organization, files for bankruptcy, or sells its assets or capital stock.
Security of Your Information
We maintain physical and electronic safeguards designed to protect the Information. These safeguards include storing your Information on our secure servers behind firewalls and using encryption technology. We offer encryption technology to protect data on your phone, in transit over the Internet (when sending Gyst-to- Gyst messages only) and on our servers. Despite the actions and precautions we take, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of the Information and you acknowledge and agree that you transmit it to us at your own risk.
Third-Party Websites, Services and Technologies
The App and the Website are not intended for children under the age of 13. We do not knowingly collect Information from children under 13. If you believe that we may have collected Information from a child under the age of 13, please contact us at email@example.com
Online Tracking and Do Not Track
We do not collect information from your web browser about your activities over time and across third-party websites or other online services. Consequently, we do not have processes to address “do not track” requests and do not honor such requests.
Information Choices and Changes
END USER LICENSE AGREEMENT
Welcome to Gyst– the mobile app designed to revolutionize the way smartphones are used. Our smartphone app (the “App”) is designed to integrate all of your favorite ways to use text, contacts, calendars and tasks into one elegant App – and help improve productivity.
This End User License Agreement (“Agreement“) contains the legally binding terms for your use of the App. When we refer to “Gyst,”; “our,” “us,” or “we,” we mean Gyst Inc., a Delaware corporation. When we refer to “you” or “User,” we mean an end user of the App.
1.Representations About You. The App is not designed to be used by children under the age of 13. You represent and warrant to us that you are at least 13 years of age. If you are 13 or older but under the age of 18, you must review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it and that they agree to it on your behalf. Also, you represent and warrant that the information that you provide to us about you in connection with the App will be current, true, accurate, supportable and complete, and promise that you will update this information to keep it current.
2. License Grant. Subject to the terms and conditions of this Agreement, Gyst: hereby grants you a limited, non-exclusive and nontransferable license during the term of this Agreement to download, install and use the App solely on smartphones that you own or control.
3. Usage Guidelines and Restrictions. User may not rent, lease, lend, sell, redistribute, reproduce or sublicense the App. User may not copy, decompile, reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, or any part thereof. If for some reason these restrictions are prohibited by applicable law or by an agreement we have with one of our licensors, then the activities are permitted only to the extent necessary to comply with such law or license(s). User shall not exploit the App in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. User may not use the App in violation of any applicable law.
4. Reservation of Rights. You acknowledge that the App is licensed, not sold, to you. We reserve all rights in and to the App and the App and all related intellectual property not expressly granted under this Agreement. “Gyst,” and all associated logos displayed within the App are our trademarks (unless otherwise noted). Without limiting the generality of the foregoing, subject to the limited rights granted hereunder, User acknowledges and agrees that, as between User and Gyst, all right, title and interest, including all copyright, trademark, patent, trade secret (including all modifications, improvements, upgrades, and derivative works thereof) and other intellectual property or proprietary rights, related to the App belong exclusively to Gyst. Except for the limited license expressly granted in this Agreement, no other rights are granted, either express or implied, to User. User shall honor and comply with any and all contractual, statutory or common law rights of Gyst, as well as any applicable third parties, arising out of or relating to the provision or use of the App.
5. Fees. There are currently no fees to download and use the App, although we reserve the right to charge fees in the future.
6. Term and Termination. This Agreement shall take effect on the Effective Date and will remain in effect until it is terminated by either you or us. You may terminate this Agreement at any time by uninstalling the App from your mobile device. We may terminate this Agreement immediately and without notice if you violate any terms of this Agreement. Gyst may also in its sole discretion and at any time modify or discontinue supporting the App, or any part thereof, and terminate this Agreement, with or without notice. Upon termination, all rights and obligations of the parties shall cease except that Sections 6-10 and 12-17 shall survive termination.
7. Feedback. If you submit any feedback concerning the functionality or performance of the App (“Feedback”) directly to Gyst, we will use it to help us improve the app. We will not use this feedback publicly unless you give us permission. Any Feedback you provide through third party sites (Google Play Store, for example) is already in the public domain and you agree that we will be free to use such Feedback for any purpose, without any obligation to you.
9. Data. Gyst and our third party technology providers may compile, synthesize, analyze and aggregate data collected about Users’ interaction with the App, to optimize the app and provide better service to our users. We may also aggregate this information to generate anonymized information, such as usage statistics (“Blind Data”). Any Blind Data will not personally identify you or the source of the Blind Data. If we generate Blind Data, it will be owned by us and we may use it for any lawful business purpose, such as improving and telling others about our products and services.
10. Limitations on Availability; Third Party Providers. We make no representation that the App is available or permitted in any particular location. Use of the App is void where prohibited. You use the App at your own initiative and are responsible for compliance with any applicable laws. We may impose limits on the use or access to the App as required by law. Further, you acknowledge that elements of the platform that make the App possible are provided by third parties (for example, your smartphone provider and wireless carrier).
11. Support and Updates. During the term of this Agreement, Gyst will use commercially reasonable efforts to provide you with support related to the App via text or email. Gyst may, but is not required to develop and provide App updates from time to time, which may include upgrades, bug fixes, patches and other corrections or new features (collectively, “Updates”). Updates may also modify or delete in their entirety certain features or functionality. You agree that Gyst has not obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on the settings of your mobile device, when your device is connected to the Internet the App will automatically download and install available Updates, or you will be prompted to download an install available Updates. You acknowledge that the App or any of its features may not operate properly if you fail to install Updates. You further agree that all Updates will be deemed part of the App and subject to the terms of this Agreement.
12. Acknowledgements Regarding App Marketplace Providers. You acknowledge that this Agreement is between you and Gyst and not with Apple, Inc. (“Apple”), Google Inc. (“Google”) or any other provider of an application marketplace (each a “Provider”) and that Gyst (not the applicable Provider) is responsible for the App. You acknowledge that Providers have no obligation whatsoever to furnish any maintenance and support services with respect to the App or for addressing any claims relating thereto or your possession and/or use thereof, including, but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. YOU ACKNOWLEDGE AND AGREE THAT NO PROVIDER MAKES ANY WARRANTIES WHATSOEVER UNDER THIS AGREEMENT OR HAS ANY WARRANTY OBLIGATIONS WITH RESPECT TO THE APP. You further acknowledge that Providers have no responsibility for the investigation, defense, settlement or discharge of any third party intellectual property claims that the App or your use thereof infringes intellectual property rights. If you install the App on an iOS-based device: (a) in the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App, and (b) Apple and its subsidiaries, are third party beneficiaries of this Agreement and will have the right to enforce this Agreement against you.
13. Disclaimers and Limitations of Liability. This section is important – please read it carefully. It limits Gyst’s liability (and the liability of its affiliates) to Users. These disclaimers and limitations apply only as permitted by applicable law. Some jurisdictions do not allow disclaimers of implied warranties or limitations of liability, so this Section may not apply in all jurisdictions.
(a) Disclaimer of Warranties. Except as expressly stated above, the App, is provided “as is”; and “as available,” without warranty of any kind, and we hereby disclaim all other warranties and conditions, express, implied, or statutory.
(b) Limitation of Liability. Neither we nor our affiliates will be liable for any incidental, special, indirect, exemplary, punitive or consequential damages whatsoever related to the App. Neither we nor our affiliates will have liability to User for damages in excess of the greater of: (i) U.S. $50.00, or (ii) the amount User paid to us for the App, if any, in the 12 months prior to the claim. The above limitations apply even if the above stated remedy fails of its essential purpose.
14. Export and Other Restrictions. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was accessed or obtained. You represent and warrant that you (a) are not located in any U.S.-embargoed country or (b) on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. You further agree that you will not use the App for any purposes prohibited by applicable law.
15. Dispute Resolution. This Agreement shall be governed by the laws of Texas without reference to conflict of laws principles. If any dispute arises between the parties arising out of or in connection with this Agreement, such dispute shall be determined and settled by arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association, unless Gyst seeks injunctive relief that, in Gyst’s judgment, would not be effective unless obtained in some other venue. The award rendered thereon by the arbitrator shall be final and binding on the parties thereto, and judgment thereon may be entered in any court of competent jurisdiction. You and Gyst agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the arbitration may still proceed on an individual basis only.
16. Miscellaneous. You may not assign this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of Gyst. You shall comply in all respects with all U.S. and foreign export and re-export laws and regulations applicable to the technology and documentation provided hereunder. This is the entire agreement between the parties relating to the subject matter hereof. No waiver or modification of this Agreement shall be valid unless in writing signed by each party. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
17. Contact. If you have any questions about this Agreement, or any questions or complaints about the App, you may contact us at Gyst Inc., 7106 Red Maple Cv Austin TX 78759, 512-827- 7114, firstname.lastname@example.org.