Mobile Application End User License Agreement

PLEASE READ THIS MOBILE APPLICATION END USER LICENSE AGREEMENT (“Agreement”) CAREFULLY BEFORE DOWNLOADING OR USING THE REACTORNET TECHNOLOGIES, LLC (“ReactorNet”) MOBILE APPLICATION (“Mobile App”), WHICH ALLOWS YOU TO LOG INTO AND ACCESS REACTORNET’S INTERNET-DELIVERED SERVICE (the “Platform Service”) FROM YOUR MOBILE DEVICE. This agreement forms a binding agreement between you (and any other entity on whose behalf you accept these terms)(“You” or “User”) and ReactorNet as of the date you download or install the Mobile App on an electronic device. Your rights and obligations with respect to Your use of the Subscription Service shall be pursuant to, and in accordance with, the existing agreement governing such use (the “Platform Agreement”). With respect to the use of the Mobile App, and to the extent the Platform Agreement irreconcilably conflicts with this Agreement, the terms of this Agreement will govern and control solely with respect to use of the Mobile App. If the terms of this Agreement are considered an offer, acceptance is expressly limited to the terms set forth herein.

  1. License. ReactorNet grants You a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Mobile App for Your personal and internal business purposes strictly in accordance with this Agreement and the Platform Agreement.
  2. Requirements to Access Platform Service. Your use of the Mobile App requires that You have authorized log-in credentials (“Access Credentials”) associated with a ReactorNet account associated with a current Platform Agreement. Your use of the Platform Service through the Mobile App shall be subject to all restrictions set forth in the Platform Agreement, and You acknowledge that in the event the Platform Agreement lapses or terminates for any reason, You will no longer have access to the Platform Service through the Mobile App.
  3. Changes to this Agreement. ReactorNet reserves the right to modify this Agreement at any time and for any reason. ReactorNet will post the most current version of this Agreement at: https://www.reactornet.com/company/legal/mobileappEULA. If ReactorNet makes material changes to this Agreement, You will receive notification via the Mobile App. Notwithstanding the foregoing, You are responsible for complying with the updated terms posted online at ReactorNet’s website even if these updated terms appear online at ReactorNet’s website before being posted on the Mobile App. Your continued use of the Mobile App after ReactorNet publishes notice of changes to this Agreement indicates Your consent to the updated terms.
  4. No Included Maintenance and Support. ReactorNet may deploy changes, updates, or enhancements to the Mobile App at any time. ReactorNet may provide maintenance and support for the Mobile App, but has no obligation whatsoever to furnish such services to You and may terminate such services at any time without notice. You acknowledge that neither Apple (for iOS Mobile App) nor Google (for Android Mobile App) has an obligation to furnish any maintenance or support services in connection with the Mobile App.
  5. Acceptable Use. You agree that You will not use or encourage others to use the Mobile App or the Platform Service as accessed through the Mobile App in a way that could harm or impair others’ use of the Mobile App or the Platform Service or violate the Platform Agreement. You agree that you will not use Access Credentials except those issued to You to access the Platform Service through the Mobile App, nor will you permit anyone else to use Your Access Credentials.
    You shall not use the Mobile App to upload, store, transmit or receive illegal, restricted, libelous, fraudulent, infringing, obscene, harassing, threatening or tortious information, communications or materials to the Platform Service. You shall be solely responsible for any information, communications, content or materials uploaded, downloaded, stored, transmitted or processed through the Mobile App, and ReactorNet Technologies shall not be liable for any loss of information or data. You shall not attempt to penetrate or disable any security system within the Mobile App or Platform Service nor to intentionally distribute a computer virus, launch a denial of service attack, or in any other way attempt to interfere with the functioning of any computer, communications system, website, or the Platform Service. You also agree not to violate the usage limits or controls set forth by: (a) the App Store Terms of Service, for iOS users accessing the Mobile App on an Apple product, or (b) Google Play Terms of Service for Android users accessing the Mobile App on an Android product.
    You understand and acknowledge that the Mobile App is intended solely for business and not personal use.
  6. Privacy. In order to operate and provide the Platform Service and the Mobile App, ReactorNet may collect certain information about You, including technical and telemetry data related to your use of the Mobile App. ReactorNet uses third party service providers to help it collect and analyze this data, including Google Analytics. ReactorNet uses and protects that information in accordance with the ReactorNet Privacy Policy (a current version of which can be found at https://www.reactornet.com/company/legal/privacy-policy), which may be modified by ReactorNet at any time in is sole discretion.
  7. Consent to Electronic Communications and Solicitation. By downloading the Mobile App, You authorize ReactorNet to send You (including via email and push notifications) information regarding the Platform Service and the Mobile App, such as: (a) notices about Your use of the Platform Service and the Mobile App, including notices of violations of use; (b) updates to the Platform Service and Mobile App and new features or products; and (c) promotional information and materials regarding ReactorNet’s products and services. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the Mobile App settings.
  8. No Warranty. YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. THE MOBILE APP IS BEING PROVIDED “AS-IS” AND “WITH ALL FAULTS” AND REACTORNET TECHNOLOGIES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR THAT THE MOBILE APP AND/OR PLATFORM SERVICE ACCESSED THROUGH THE MOBILE APP WILL OPERATE UNINTERRUPTED OR ERROR-FREE.
    The Mobile App is only available for supported devices and might not work on every device. Determining whether Your device is a supported or compatible device for use of the Mobile App is solely Your responsibility, and downloading the Mobile App is done at Your own risk. ReactorNet does not represent or warrant that the Mobile App and Your device are compatible or that the Mobile App will work on Your device.
    1. iOS Application. In the event of ReactorNet’s failure to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Mobile App. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APPLE WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO (A) THE MOBILE APP, AND (B) ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY.
    2. Android Application. GOOGLE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  9. Suspension and Termination. ReactorNet Technologies shall have the right to suspend Your access to the Platform Service through the Mobile App immediately in the event that You violate this Agreement or for any other lawful reason in ReactorNet Technologies’ sole discretion. You understand that if Your access to the Platform Service, through the Mobile App or otherwise under the Platform Agreement, is suspended or terminated, You may no longer have access to the content that is stored within the Platform Service through the Mobile App.
  10. Limitation of Liability. IN NO EVENT SHALL REACTORNET TECHNOLOGIES, LLC, ANY AFFILIATE OF OR LICENSOR OF REACTORNET TECHNOLOGIES, LLC, OR THEIR RESPECTIVE MEMBERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPREENTATIVES: (1) BE LIABLE TO YOU OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THIS AGREEMENT OR YOUR ACCESS TO OR USE OF THE MOBILE APP (REGARDLESS OF THE FORM OF CAUSE OF ACTION, WHETHER SOUNDING IN TORT, CONTRACT OR OTHERWISE) FOR A MONETARY AMOUNT IN EXCESS OF USD $50.00; AND (2) BE LIABLE TO YOU OR ANY PERSON OR ENTITY CLAIMING BY, THROUGH, OR UNDER YOU IN CONNECTION WITH YOUR USE OF THE MOBILE APP FOR ANY LOSS OR INJURIES TO DATA, EARNINGS, PROFITS OR GOODWILL, OR FOR ANY INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY PERSON OR ENTITY WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE, EVEN IF REACTORNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS SECTION 10 SHALL APPLY EVEN IF ANY OTHER REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
  11. Indemnification. You agree, at your own expense, to defend ReactorNet Technologies, LLC, any affiliate or licensor of ReactorNet Technologies, LLC, and their respective members, officers, directors, employees, contractors, representatives and agents (each an “Indemnified Party”) against, or at your option settle, any claim, demand, suit or proceeding brought against the Indemnified Party by a third party (collectively, “Third-Party Claims”), and to pay any settlements, judgments, fines, penalties, costs, and reasonable expenses, including attorneys’ fees (collectively, “Liabilities”), imposed on or incurred by the Indemnified Party in investigation or defense of any such Third-Party Claim, to the extent such Third-Party Claim arises from (a) Your use of the Mobile App; and/or (b) a breach of this Agreement by You or any other person accessing the Platform Service through the Mobile App using Your Access Credentials.
  12. Feedback. If you provide ReactorNet with any solicited or unsolicited information and/or materials though the Mobile App relating to its design, use or functionality, including but not limited to comments, suggestions, questions, designs, and other similar communications (collectively, “Feedback”), you thereby grant ReactorNet a perpetual, royalty-free, fully paid-up, freely assignable, transferrable, and irrevocable right and license to use, reproduce, modify, publicly display, distribute, transmit, sublicense, create derivative works from, transfer, and/or sell such Feedback.
  13. Legal Compliance. You represent and warrant that: (a) You are not located in (nor a national or resident of) a country that is subject to a United States Government embargo, that is in Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations, or that has been designated by the United States Government as a state sponsor of terrorism; and (c) You are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons List and the U.S. Commerce Department’s Denied Parties List or Entities List. You further agree not to transport the Mobile App to or use the Mobile App in any such country, nor use the Mobile App for any purpose prohibited by U.S. export laws and regulations.
  14. Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, USA, without reference to conflicts of laws principles. The parties expressly disclaim and waive the application of the United Nations Conventions on Contracts for the International Sale of Goods. Any action to enforce a right or obligation under this Agreement shall be brought exclusively in the state or federal courts serving Dallas County, Texas, USA, and each party irrevocably consents to the exercise of jurisdiction by such courts and waives to the maximum extent permitted by law the application of the doctrine of forum non conveniens.
  15. Third Party Beneficiaries. This Agreement is executed between You and ReactorNet and not between you and any other party, including Apple for iOS users and Google for Android users. You agree that any claims brought by You arising out of this Agreement or Your use of the Mobile App will not be made against Apple or Google, as applicable. Notwithstanding the foregoing, upon Your acceptance of this Agreement, allows Apple or Google, as applicable, to enforce this Agreement against You as a third party beneficiary thereof. ReactorNet is not responsible for any applicable third-party Agreement between You and any third-party, including your wireless provider.
  16. Severability. In the event a court of competent jurisdiction determines that any part or provision of this Agreement is invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of this Agreement and such provision shall be reformed to permit it to be enforceable to the maximum extent permitted under applicable law.

Last Updated: June 11, 2021