RAYONS TERMS OF SERVICE
Effective: May 17, 2020
BY AGREEING TO THIS TERMS OF SERVICE AND CONTINUING USE OF THE APP, THE USER AGREES TO THE CLASS ACTION WAIVER HEREIN.
1. Acceptance of the Terms of Service
Welcome to Rayons (“Rayons”, "we" or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of the Rayons mobile measuring app, including any content, functionality and services offered on or through Rayons (the "App"), whether as a guest or a registered user. “User” means anyone who visits the App to compute bicycle spoke length.
Please read the Terms of Service carefully before you start to use the App. Rayons and the User acknowledge that the Terms of Service is concluded between Rayons and the User only, and not with Apple. By clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. You also are warranting that you are at least 13 years old. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the App.
2. Scope and Modifications to the Terms of Service
2.1 License Granted
Rayons hereby grants, to the User, a limited license for the right to download and use the App. The license granted to the end-user for the App is limited to a non-transferable license to use the App on any Apple- branded Products that the end-user owns or controls as permitted by Apple. Rayons and the User agree that the App may be accessed, acquired, and used by other accounts associated with the purchaser.
2.2 Modifications
Rayons may revise and update these Terms of Service from time to time at its sole discretion. All changes are effective immediately when we post them, and apply to all access and use of the App thereafter.
User’s continued use of the App following the posting of revised Terms of Service means that the user accepts and agree to the changes. The user is expected to check this page each time you access this App to be aware of any changes.
3. App Access and Account Security
Rayons reserve the right to withdraw or amend this App, and any service or feature provided on the App, at its sole discretion and without notice. Rayons will not be liable if, for any reason, all or any part of the App is unavailable at any time or for any period. From time to time, Rayons may restrict access to some parts of the App, or the entire App, to users.
To access some features of the App or some of the resources it offers, the User may be asked to provide certain registration details or create an account. It is a condition of use of the App that all the information provided is correct, current and complete. You agree that all information you provide to register with this App or otherwise, including but not limited to through the use of any future interactive features on the App, is governed by the App’s Privacy Policy. The User consents to Rayons’ use of User information consistent with our Privacy Policy.
Rayons has the right to disable any user name, password or other identifier, whether chosen by the User or provided by Rayons, at any time if Rayons suspects the User has violated any provision of these Terms of Service.
4. Intellectual Property Policy
The App and its entire contents, features and functionality are owned by Rayons, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service permit the User to use and access the App and its content solely for your personal, non-commercial use. You must not reproduce, distribute, modify, reverse engineer, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the App, except as follows:
The User’s personal device may store copies of computed measurements based on User data input.
The User’s personal device may store copies of data input.
The User may print or download one copy of a computed measurement based on User data input.
The User may print, download, save, or email copies of instructional materials provided by Rayons on the App to the User.
No right, title or interest in or to the App or any content on the App is transferred to the User, and all rights not expressly granted are reserved by Rayons. Any use of the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Rayons and all related names, logos, product and service names, designs and slogans are trademarks of Rayons or its affiliates or licensors. You must not use such marks without the prior written permission of Rayons. All other names, logos, product and service names, designs and slogans on this App are the trademarks of their respective owners.
5. About the Service
Rayons is an iOS measurement mobile app designed to assist custom bicycle designers and manufacturers. The App computes possible bicycle spoke lengths for use on the User’s individual projects, based on information as provided by the User,
5.1 Rayons is not a bicycle spokes designer
Rayons is not a bicycle spoke designer, and the employees of Rayons are not acting as your designer. Rayons does not practice the business of designing bicycle spokes and does not advise on possible design options. Bicycle spokes may be designed by the User using the measurements computed by the App based on data inputted by the User. Rayons does not make any representations or warranties regarding computations produced by the App or bicycle spoke designs derived from such measurements. The App is not a substitute for services provided by a bicycle designer.
5.2 Rayons is not a bicycle manufacturer
Rayons does not advise on any personal or professional custom bicycle manufacturing. Rayons does not make any representations or warranties regarding the computations the User receives from the App.
6. Use of Service
You may use the App only for lawful purposes and in accordance with these Terms of Service. You agree not to use the App:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
To impersonate or attempt to impersonate Rayons, a Rayons employee, another user or any other person or entity (including, without limitation, by using e-mail addresses).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which, as determined by us, may harm the App or users of the App or expose them to liability.
Additionally, you must not:
Use any robot, spider or other automatic device, process or means to access the App for any purpose, including monitoring or copying any of the material on the App.
Use any manual process to monitor or copy any of the material on the App or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the App.
Use any device, software or routine that interferes with or circumvents the security of the App.
Print, copy, modify, reverse engineer, download or otherwise use or provide any other person with access to any part of the App in breach of the Terms of Service.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the App, the server on which the App is stored, or any server, computer or database connected to the App.
Rayons reserves the right to terminate the User’s account in the event the User is in violation of this section.
8. Disclaimer of Warranties
The User understands that Rayons cannot and does not guarantee or warrant that data inputted to the App will produce measurements free of error. The User is responsible for implementing sufficient procedures and checkpoints to satisfy particular project requirements for accuracy of data input and output, and for maintaining a means external to the App for any reconstruction of any lost data. RAYONS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A MISUSE OF THE APP DUE TO INACCURATE DATA INPUT OR MEASURMENTS BY THE USER.
USE OF THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT THE USER’S OWN RISK. THE APP, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER RAYONS NOR ANY PERSON ASSOCIATED WITH RAYONS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER RAYONS NOR ANYONE ASSOCIATED WITH RAYONS REPRESENTS OR WARRANTS THAT THE APP, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET THE USER’S NEEDS OR EXPECTATIONS.
RAYONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9. Limitation of Liability
RAYONS, ON BEHALF OF ITSELF, ITS AFFILIATES, AND ITS LICENSOR, DISCLAIMS ANY AND ALL LIABILITY FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE USER’S USE OF THE APP, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
In the event of any failure of Rayons to conform to any applicable warranty, the end- user may notify Apple, and Apple will refund the purchase price for Rayons to that end-user; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Rayons.
10. Product Claims
Rayons and the User acknowledge that Rayons, and not Apple, is responsible for addressing any claims raised by either the User or a third party, relating to the use of or access to the App, including but not limited to (1) product liability; (2) any claim that the App does not conform to an applicable legal or regulatory requirement; and (3) claims arising out of consumer protection or similar legislation.
11. Developer and Maintenance Information
Rayons was developed to be sold through the Apple iOS App Store by developer Timothy P. Miller. The developer is solely responsible for maintenance and updates of the App, Apple is not responsible for maintenance and support services. To contact the developer for App support or to report an issue, use the following contact information:
Timothy P. Miller
Rayons
Mountain View, CA 94040
12. Third Party Beneficiary
Rayons and the User acknowledge and agree that Apple, and its subsidiaries, are third party beneficiaries of these Terms of Service. Upon User’s acceptance of the Terms of Service, Apple will have the right to enforce the Terms of Service against the User.
13. Governing Law and Jurisdiction
13.1 Venue
All matters relating to the App and these Terms of Service and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California and County of Santa Clara although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13.2 Class Action Waiver
The User and Rayons agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action.
13.3 User Compliance
The User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the U.S. Code of Federal Regulations; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.
14. Waiver and Severability
No waiver by Rayons, on any occasion, of any term or condition contained herein shall be deemed a waiver of such term or condition or a waiver of any other term or condition on any other occasion. Any failure of Rayons to assert a right or provision herein, shall not constitute a waiver of such right or provision on any other occasion.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
15. Miscellaneous
15.1 User Feedback
Rayons and the User agree that any feedback offered by the User (including, but not limited to, surveys, ratings, or correspondence) will result in no royalty or other fee to be made payable to the User by Rayons.
The User agrees that (s)he holds no proprietary rights in any features, updates, or developments to the App that may resemble feedback offered by the User.
15.2 Digital Millennium Copyright Act
The User agrees to contact Rayons and provide notice regarding any claims related to copyright infringement within the App.
To submit a notice for third party copyright infringement, please contact Rayons at:
Timothy P. Miller
Rayons
Mountain View, CA 94040
16. Entire Agreement
The Terms of Service, and the Privacy Policy incorporated by reference, constitute the sole and entire agreement between the User and Rayons and supersedes any and all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the App.