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Gabriel® Terms of Service (iOS)

Apple iOS Users

E
Written by Eugene Brusov
Updated over 9 months ago

Terms of Use

Last updated: May 18, 2023

IMPORTANT: After downloading the App, navigate to the settings menu and scroll to the screen's bottom. Please either take a screenshot or note down Your Identification Number. We recommend that You email this information to Yourself for safekeeping as we don't store Your private details on our servers. We are unable to assist with Your account without this Identification Number.

Definitions

In the context of these Terms and Conditions:

  • Agreement: This term refers to the End-User License Agreement which constitutes the entire agreement between You and the Company regarding the Application's use.

  • Application: This refers to the software program offered by the Company, which You download onto Your electronic device. This is named the "Gabriel App."

  • Application Store: This term denotes the digital distribution service managed and developed by Apple Inc. (Apple App Store) where the Application is available for download.

  • Affiliate: An Affiliate refers to an entity that either controls, is controlled by or is under shared control with another entity, where "control" signifies the ownership of 50% or more shares, equity interest, or other securities entitled to vote for the election of directors or other governing authority.

  • Account: This term signifies a unique account created specifically for Your access to our products.

  • Country: In this context, the term refers to Bexar County, Texas, United States.

  • Company: Throughout this Agreement, the term "Company" or phrases like "We," "Us," or "Our" refers to Forward Edge-AI, Inc. located at 10108 Carter Canyon, San Antonio, Texas 78255.

  • Device: A Device is any equipment that can access the Service, such as a computer, a cellphone, or a digital tablet.

  • Feedback: This term refers to feedback, innovations, or suggestions provided by You concerning our Product's attributes, performance, or features.

  • Promotions: Promotions encompass contests, sweepstakes, or other promotions facilitated through the Service.

  • Service: This term refers to the Software Application, the Website, or both.

  • Subscriptions: These denote the services or access to the Service offered by the Company to You on a subscription basis.

  • Terms of Service: Also referred to as "Terms," these constitute the full agreement between You and the Company about the Product's use.

  • Third-Party Services: This term denotes any services or content (including data, information, applications, and other products services) provided by a third-party that may be incorporated, included, or made accessible by the Application.

  • Website: This refers to Forward Edge-AI’s Apple iOS App Help Center, accessible from https://intercom.help/gabriel-7d89dea10eb6/en/articles/7919042-apple-help-center

  • You: This term refers to the individual using the Product or the company or other legal entity for which such an individual is using the Service.

Acknowledgment

The following Terms and Conditions regulate the use of this Product and establish the agreement between You and the Company. They outline the rights and responsibilities of all users concerning the Product's usage.

Your access to and usage of the Service are contingent upon Your acknowledgment of, and compliance with, these Terms and Conditions. They are applicable to all visitors, users, and others who engage with or utilize the Service.

By clicking the "I Agree" button, or by downloading or using the Application, You consent to abide by the terms and conditions of this Agreement. If You disagree with any part of this Agreement, do not click the "I Agree" button, download, or use the Application.

This Agreement serves as a legal contract between You and the Company, overseeing Your use of the Application provided by the Company.

This Agreement is exclusively between You and the Company, not involving the Application Store. Thus, the Company bears sole responsibility for the Application and its content. While the Application Store is not part of this Agreement, it retains the right to enforce it against You as a third-party beneficiary concerning Your Application use.

The Company licenses the Application to You, not sold, for use strictly in line with this Agreement's terms.

Your access to and use of the Product are also subject to Your acknowledgment of, and compliance with, the Company's Privacy Policy. Our Privacy Policy details our practices and procedures on collecting, using, and disclosing Your personal information when You use the Application or the Website. It also informs You about Your privacy rights and the legal protections in place. Please thoroughly review Our Privacy and Data Protection Policy before using Our Product.

License

Scope of License

The Company provides You with a revocable, non-exclusive, non-transferable, restricted license to download, install, and utilize the Application, strictly in compliance with the terms of this Agreement.

Your usage of the Application is limited to a Device that You personally own or control, adhering to the terms and conditions stipulated by the Application Store.

This license granted to You by the Company is strictly in accordance with this Agreement's terms.

License Restrictions

You commit to refrain from, and You will ensure that others do not:

  • Duplicate or employ the Application for any purpose outside of what's permitted under the above section titled "License."

  • Alter, create derivative works from, disassemble, decrypt, reverse compile, or reverse engineer any component of the Application.

  • Remove, modify or obscure any proprietary notification (including any copyright or trademark notice) of the Company, its affiliates, partners, suppliers, or the licensors of the Application.

Subscriptions

The core App free, and some parts are available only with a paid Subscription. You will be billed in advance on a recurring and an annual periodic basis. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it, or the Company cancels it.

Subscription cancellations

You may cancel Your Subscription renewal either through Your Account Settings menu or by contacting the Company and providing Your 16-digit identification number. You will not receive a refund for the fees You already paid for Your current Subscription period, and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information requested by the App or the Appstore, and a valid payment method information. Should automatic billing fail to occur for any reason, any subscription features shall terminate automatically. You will continue to have access to the core features that are free, until You terminate the account, or the Company terminates the account.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

Except when required by law, paid Subscription fees are non-refundable. Because The Company does not store user information, the method of refund, if required by law, will be made through the App’s points system which can be redeemed for the value of the remaining portion of the subscription period. You must provide Your 16-digit identification to be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

Free Trial

The Company may, at its sole discretion, offer a Subscription with a Free Trial for a limited period of time. You may be required to enter Your billing information in order to sign up for the Free Trial.

Promotions

Any Promotions made available through the Product may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

User Accounts

When You create an account with Us, the App automatically generates a 16-digit identification number. Unless You provide a “Screen Name,” the 16-digit identification is the only method we have to identify Your account.

You may not use a phone number or email of another person or entity or that is not lawfully available for use.

Use of a VPN or swapping Your SIM card will impact performance of the product, and likely make the Product unusable.

Intellectual Property

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of the Company.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

The Company shall not be obligated to indemnify or defend You with respect to any third-party claim arising out of or relating to the Application. To the extent the Company is required to provide indemnification by applicable law, the Company, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or Your use of it infringes any third-party intellectual property rights.

User Content

You are responsible for any content that You upload to the Service. The Company does not monitor or control the content You choose to send via the Product and, we disclaim all responsibility for such content. Photos that You did not take Yourself may be subject to copyright protection which limits or prohibits their copying, transmission and/or use. You agree that You will not attach copyrighted content in a way that infringes any copyright, and that You are wholly responsible for any copyright infringement resulting from Your conduct. If You are unsure about whether Your conduct is lawful, You should not attach the content.

Digital Millennium Copyright Act Notice

If You believe that Your content has been improperly used in the Service in a way that constitutes copyright infringement, please contact Forward Edge-AI at the address below. Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that is believed to be residing on Forward Edge-AI’s system or network should be promptly sent in the form of written notice to The Company’s Designated Agent. The Designated Agent for DMCA Notice is:

Forward Edge-AI DCMA Attorney10108 Carter Canyon DriveSan Antonio, Texas 78255.Email DMCA@Forward Edge-AI.com

NOTE: No other notices or communications should be sent to the Designated Agent, who is appointed solely for the purpose of receiving notices of claims alleging copyright infringement under the DMCA. Specific requirements for proper notification of claimed infringement are set forth in the DMCA (see 17 U.S.C. § 512(c)(3)). Valid notification must be a written communication that includes all of the following elements:

  1. Signature of copyright owner or person authorized to act on behalf of the owner.

  2. Identification of copyrighted work claimed to be infringed.

  3. Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit the service provider to locate the material.

  4. Information reasonably sufficient to permit the service provider to contact the complaining party (address, phone number and, if available, email address).

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law; and

  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right allegedly being infringed.

It is the policy of Forward Edge-AI that upon receipt of a valid DMCA notice The Company will remove or disable access to the allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f)).

Your Suggestions and Feedback to Us

Any feedback, comments, ideas, improvements, or suggestions provided by You to the Company with respect to the Application shall remain the sole and exclusive property of the Company.

The Company shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to You.

Links to Other Websites

Our Product contains links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Modifications to the Application

The Company reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to You.

Updates to the Application

The Company may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.

Updates may modify or delete certain features and/or functionalities of the Application. You agree that the Company has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to You.

You further agree that all updates or any other modifications will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

Maintenance and Support

The Company does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, the Company, not the Application Store, shall be obligated to furnish any such maintenance or support.

Third-Party Services

The Application includes third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at Your own risk and subject to such third parties' Terms and conditions.

Privacy Policy

The Company collects, stores, maintains, usage data to enable The Company to maintain the product. The Company does not store Personally Identifiable Information about You on our server, except the 16-digit identification number, and any screen name You enter into the app.

The Company does collect, store, maintains Your Personally Identifiable Information (Phone Number and Name) of Users who purchase or opt-in for Sevis Systems eCallme service. This information is shared with third-parties who are participating in the Company’s Rewarded Calls Program. If You do not wish to share this information, do not opt-in or subscribe to the Rewarded Calls Program.

By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of Our Privacy Policy.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that You fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from Your Device or from Your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from Your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of Your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of Your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 1 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.

APPLE

If You use the Service on an Apple device, then You agree and acknowledge that:

  • Apple, Inc. bears no duties or obligations to You under the Terms, including, but not limited to, any obligation to furnish You with Service maintenance and support

  • You will have no claims, and You waive any and all rights and causes of action against Apple with respect to the Service or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance

  • Apple and Apple’s subsidiaries are third-party beneficiaries of the Terms. Upon Your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third-party beneficiary thereof.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Product Claims

The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to Your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.

Safety

Please do not endanger Yourself and others by using the Service while driving or engaging in any other activity that requires Your full attention. When participating in bounty competitions do not attempt to contact scammers or spammers directly or indirectly in any way.

Authorization to Share Personal Information & Contact from Counsel

By subscribing to the Service, we gather the information that may be used to file individual and class action lawsuits against telemarketers or other scammers on behalf of our users. Under federal and state laws, You may be entitled to receive damages when a person or company sends You certain automated nuisance or scam calls, texts, or faxes.

Sometimes, people are hesitant to participate in class action lawsuits because they believe it will cost them money. Fortunately, by working with attorneys selected by the Product, You may be entitled to receive damages as the result of a settlement without paying any legal fees. Damages can range from $100 to $4,500 depending on Your state and the type of violation committed.

Disputes Resolution

CLASS ACTION LAWSUITS, CLASS-WIDE ARBITRATIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY AREN’T ALLOWED. YOU AND THE COMPANY HEREBY AGREE THAT ANY CLAIM, CONTROVERSY, OR DISPUTE PURSUED AGAINST EACH OTHER, WHETHER RELATED TO THIS AGREEMENT OR OTHERWISE, WILL BE ON AN INDIVIDUAL BASIS AND SHALL BE FINALLY SETTLED BY BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND FEDERAL ARBITRATION ACT. THE AMERICAN ARBITRATION RULES ARE AVAILABLE ONLINE AT WWW.ADR.ORG/RULES. THE ARBITRAL TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY, ENFORCEABILITY, OR APPLICABILITY OF ANY PORTION OF THIS AGREEMENT TO ARBITRATE. UNLESS OTHERWISE AGREED, THE PLACE OF ARBITRATION SHALL BE SAN ANTONIO, TEXAS. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.

Changes to These Terms and Conditions

The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and Your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. §2.101.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Entire Agreement

The Agreement constitutes the entire agreement between You and the Company regarding Your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and the Company.

You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which the Company will provide to You at the time of such use or purchase.

Contact Us

If You have any questions about this Agreement, You can contact Us by visiting support.forwardedge.ai

Key Words: Terms of Service, terms of Condition, Agreement

Copyright 2024 Forward Edge-AI Inc. All rights reserved.

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