Terms of Service
Last Updated: April 26, 2014
WELCOME TO www.sortlyapp.com (THE “WEBSITE“) WHICH IS OWNED AND OPERATED BY MY THINGS APP, INC. (“MY THINGS APP” “WE,” “US,” OR “OUR“). PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS“) CAREFULLY. BY ACCESSING OR USING THE WEBSITE OR OUR SERVICE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MAY NOT USE THE WEBSITE OR THE SERVICE. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
If you are using the Website or the Service on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and My Things App for violations of these Terms. Nothing in these Terms will be deemed to confer rights or benefits on any third party.
Updates to these Terms. We reserve the right to change or modify any provisions of these Terms and any policies or guidelines governing your use of the Website and/or the Service, at any time in our sole discretion and without liability to you. Any such changes or modifications will be effective immediately upon posting of revisions on the Website. Your continued use of the Website or the Service following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Website in order to understand the terms and conditions applicable to your use of the Website and the Service. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Website, your sole recourse is to stop using the Website and the Service.
Description of Service. My Things App offers a productivity app (i.e., a computer program or application) (the “App“) branded as “My Things – Where Are They?”TM or “Sortly” that helps users remember the location of their things at home, at work, in storage, or during move or travel (collectively, the “Service“). The App is currently available for iPhones and iPads and may be downloaded from Apple’s App Store (the “Store“).
Reviews, Comments, and Other Content. You may post and/or submit reviews, comments, suggestions, ideas, information and/or other content (“Content“) to the Website or on the App so long as such Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but do not have the obligation) to remove or edit such Content. We do not regularly review posted Content. If you do post Content, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant us and our sub-licensees the right to use the name that you submit in connection with such Content, if we or they choose. You represent and warrant that: (i) you own or otherwise control all of the rights to the Content that you post and/or submit; (ii) the Content is accurate; (iii) the use of the Content you post and/or submit does not violate these Terms; and (iv) the Content will not cause injury to any person or entity. We have the right, but not the obligation, to monitor and edit or remove any activity or Content. We take no responsibility and assume no liability for any Content posted by you or any third party.
Data Security. While we take reasonable measures to safeguard your Content, you are solely responsible for maintaining a backup of all of your Content outside of the Service that is readily available to you at all times in case of any loss, erasure or destruction of your Content stored on the Service. In particular, we are not responsible for any delays, problems or other issues that may arise during the process when you sync up the Services across various platforms, such as your iPhone, iPad and/or any laptop or desktop through which you access the Service. We do not control those devices and cannot ensure their safety or the security of your Content available through those devices, including, without limitation, any unauthorized access by anyone using those devices with or without your consent. You acknowledge and understand that we rely on third party providers to provide us and users of the Service, including you, various security and encryption measures reasonably necessary to safeguard your Content. We have listed the measures that we currently take on the Website and/or App merely for illustration purposes and we do not warrant their availability at all times or their efficacy. Our respective vendors are solely responsible for the security measures they provide and your sole remedy for any breach would be against them and not us.
Account Terms. You represent and warrant that you: (a) are authorized to use the Website, App and the Service; (b) all of your registration and account information is true, accurate and complete; (c) you will maintain the security of your password, if any; and (d) you accept all responsibility for all activity that occurs under your user name. Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.
Minors. In order to create an account, you must be 13 years of age or older. If children between the ages of 13 and 18 wish to use the Website, App or Service, they must be registered by their parent or guardian. By registering, you represent and warrant that you are 13 years of age or older.
Copyright. The Website and all content and other materials on the Website, including, but not limited to, the “My Things – Where Are They?”TM and “Sortly” effects, our logo and all designs, text, graphics, logos, icons, images, photographs, audio clips, digital downloads, data compilations, software and the selection and arrangement thereof (collectively, the “Materials“) are our property or that of our licensors or users and are protected by United States and/or international copyright laws.
Trademark. My Things App, “My Things – Where Are They?”TM, “Sortly”, the My Things App logo, the “Sortly” logo, and any other product or service names or slogans contained in the Website or Apps (including, without limitation, App Store, iCloud, Evernote, Adobe or Dropbox) are trademarks of My Things App and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of My Things App or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “My Things App” or any other name, trademark or product or service name of My Things App without our prior written permission. In addition, the look and feel of the Website and the App, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of My Things App and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Website or the App are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Limited License and Restrictions.
We grant you a limited, non-sublicensable,
non-exclusive and revocable license to access and make use of the Website, App and the Materials solely in accordance with, and subject to, these Terms and any other of our policies as posted on the Website, the App or the Store. Except as otherwise expressly permitted by these Terms, you may not: (a) collect, use, copy or distribute any portion of the Website, App or the Materials; (b) resell, publicly perform or publicly display any portion of the Website, App or the Materials; (c) modify or otherwise make any derivative uses of any portion of the Website, App or the Materials; (d) use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Website or App; (e) use the Website or App in a manner which results in the depletion of Web site or app infrastructural resources; (f) download (other than page caching) any portion of the Website, App the Materials or any information contained therein; or (g) use the Website, App or the Materials other than for their intended purposes.
Third Party Sites and Content. We may host or provide links to products, Web pages, Web sites and other content of third parties (“Third Party Sites and Content“). The inclusion of any link or the hosting of any content is provided solely as a convenience to our users, including you, and does not imply affiliation, endorsement, approval, control or adoption by us of any Web site or any information or content contained therein. We make no claims or representations regarding, and accept no responsibility for such Third Party Sites and Content, or for the quality, accuracy, nature, ownership or reliability thereof. Users, including you, may use these links and the Third Party Sites and Content contained therein at their own risk. When you leave the Website or App, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or App.
Advertisements and Promotions; Third Party Products and Services. We may run advertisements and promotions from third parties on the Website or may otherwise provide information or links to third party products or services on the Website. Your business dealings or correspondence with, or participation in promotions of our advertisers and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or promotions or as the result of the presence of such third party advertisers or third party information on the Website.
Help Tours, Samples and Other Support. From time to time, we may provide help tours, storage samples, creative samples and other support (collectively, “Support“) to enhance your experience using the Website, App and the Service. You agree that such Support is provided solely as a matter of convenience and for illustration purposes only and does not guarantee or warrant any specific user experience and is not intended to demonstrate, promise or represent the presence or absence of any features in the Website, App and the Service. You agree to customize the Service to suit and tailor it to your individual and/or organizational needs and you will be solely responsible for all such use. You agree to rely on Support solely to explore the ways and manner in which you may use the Service and to understand its possible uses to satisfy your needs. If you use the App or the Service, or any portion of it, for purposes of storage, move or travel, you will take adequate precautions to ensure that you retain all relevant data (including copies thereof) in your possession, outside of and independent of the Website and the App, specifically to protect yourself against loss or erasure of data or its unavailability in the event the Website, App or Service is unreachable or non-functional.
DISCLAIMER OF WARRANTIES. THE WEBSITE, THE APP, THE MATERIALS AND THE SUPPORT, AND ANY SERVICE INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, THE APP OR THE STORE ARE PROVIDED TO YOU ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND, UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING. WE DO NOT WARRANT THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT OR ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE AVAILABILITY, RELIABILITY OR SECURITY OF THE WEBSITE, THE APP OR THE SERVICE. UNLESS OTHERWISE EXPRESSLY SET FORTH IN WRITING, WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING: (I) ANY AND ALL WARRANTIES OF MERCHANTABILITY; (II) ANY AND ALL WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNEW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE OF ANY SUCH PURPOSE); (III) ANY AND ALL WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE; (IV) ALL WARRANTIES WITH RESPECT TO UPTIME AND DATA ACCURACY; (V) ALL WARRANTIES WITH RESPECT TO ANY AND ALL CONTENT AND RELATED DELIVERIES PROVIDED IN CONNECTION WITH THIS AGREEMENT; AND (VI) THAT THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. THIS DISCLAIMER AND EXCLUSION WILL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL OF THEIR ESSENTIAL PURPOSE.
LIMITATION OF LIABILITY. IN NO EVENT WILL MY THINGS APP OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF REVENUE, LOSS OF PROFITS, OR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND/OR ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE APP, THE MATERIALS, THE SUPPORT AND ANY SERVICE OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE APP EXCEED THE LESSER OF (I) AGGREGATE OF THE NET AMOUNTS RECEIVED BY US FROM YOU, IF ANY, FOR SOLELY YOUR ACCESS TO OR USE OF THE WEBSITE OR THE APP (NOT YOUR PAYMENT FOR ANY SERVICE OR PRODUCTS PROVIDED BY US), AND (II) $10. MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THESE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Indemnification and Release. You will indemnify, defend and hold us and our investors, officers, directors, affiliates, subsidiaries, licensors, partners, licensees, consultants, contractors, agents and employees (collectively, the “Indemnified Parties“) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney and expert fees, costs, penalties, interest and disbursements) resulting from any claim (including third party claims), suit, action, or proceeding against an Indemnified Party, whether successful or not, resulting from or arising in connection with: (a) your use of the Website, the App, the Materials, the Support and/or the Service; (b) your conduct; (c) any breach by you of these Terms (including, but not limited to, any breach of any of your representations or warranties); and/or (d) any Content you upload to, posted on, create on, transmit through or link from the Website or the App.
Termination. Notwithstanding any terms to the contrary in these Terms, we reserve the right, without notice, without liability to you and in our sole discretion, to terminate any of your rights under these Terms (including, but not limited to, your right to use the Website, the App and the Service) and to block or prevent your access to and use of the Website, the App and the Service for any or no reason.
Electronic Communications. Notwithstanding any terms to the contrary in these Terms, My Things App may choose to electronically deliver all communications with you, which may include: (i) email to your email address indicated in your communications with My Things App or upon registration with, or use of, the Website, the App or the Support; or (ii) posting messages that are displayed to you when you log in to or access the Website, the App or the Support. My Things App’s electronic communications to you may transmit or convey information about action taken on your request, portions of your request that may be incomplete or require additional explanation, any notices with respect to modifications to these Terms, any notices required under applicable law and any other notices. You agree to do business electronically with My Things App, and to receive electronically all current and future notices, disclosures, communications and information, and that the aforementioned provided electronically satisfies any legal requirement that such communications be in writing. An electronic notice will be deemed to have been received the day of receipt as evidenced by such email.
Notices and Procedure for Making Claims of Copyright Infringement.
If you believe that anything on the Website or the App infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Agent Designated to Receive Notification of Claimed Infringement: Dhanushram Balachandran
Address of Designated Agent to Which Notification Should be Sent:
314 Sea Cliff Ln.
Redwood City, CA 94065
Telephone Number of Designated Agent: (650) 486-1745
Facsimile Number of Designated Agent: (415) 520-1478
E-Mail Address of Designated Agent: email@example.com
To be effective, the notification must be a written communication that includes the following: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) 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 an exclusive right that is allegedly infringed.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records, if any. In accordance with the Digital Millennium Copyright Act (“DMCA“) and other applicable law, My Things App has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of My Things App, account holders who are deemed to be repeat infringers. My Things App may also at its sole discretion limit access to the Website, the App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Payments and Refunds. From time to time, we may provide premium features of the Service (such as, Sortly Cloud Premium) for various fees (“Fees“). The fees applicable for such premium features will be specified on the Website, the App and/or the Store. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You are responsible for any taxes and for all other charges (for example, data charges and currency exchange settlements). You will pay the Fees in the currency quoted on the Website, the App and/or the Store. We and/or the Store reserves the right to change the quoted currency at any time.
In addition to any Fees, you may still incur charges incidental to using the Service, for example, charges for Internet access, data roaming, and other data transmission charges.
At this time, My Things App does not provide any payment gateway or handle any payment processes for any users of the App, including you. The entire billing and payment process is handle by Apple and/or its agents through the Store and you must comply with their payment terms and other instructions, as specified in the Store, as well as any other terms stated in the App or in these Terms. Without limiting the foregoing, and only by way of explanation, you must be authorized to use the payment method that you enter when you create a billing account. You authorize the Store to charge you for the Service using your payment method and for any paid feature of the Service that you choose to sign up for or use while these Terms or any Store terms are in force. The Store may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, the Store may charge you up to the amount you have approved, and may choose to notify you in advance of the difference for recurring subscription Services.
You must keep all information in your billing account current. You may access and modify your billing account information through the Store. You may be able to change your payment method or cancel your subscription at any time, only if so permitted by the Store terms.
We will notify you in advance, either through the Service, the App, the Store or to the email address you have most recently provided to us, if we change the price of the Service. If there is a specific length and price for your Service offer, that price will remain in force for that time, unless otherwise specified in the Store. After the offer period ends, your use of the Service will be charged at the new price. If your Service is on a period basis (for example, monthly) with no specific length, we will notify you of any price change at least 30 days in advance, unless a shorter period is specified by the Store. If you don’t agree to these changes, you must cancel and stop using the Service by sending us an email (with cancellation confirmation from a My Things App representative or agent) no later than fourteen (14) days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise.
Payments for all premium features are due at the time you sign up for them, unless we expressly agree otherwise in writing. You retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days (unless a shorter period is specified by the Store), your account will be deactivated and all files will no longer be retrievable.
Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed.
You will not be issued a refund for your most recent (or any previous) billing, unless you are an annual subscriber, in which event you may obtain a refund for a renewal fee only if you do so within 30 days of the day on which you were charged for the renewal of your account; in such an event, only a partial refund equivalent to 80% of the annual renewal fee will be returned. All cancellations and downgrades are processed automatically. To cancel or downgrade, please log into the cloud settings of the App for your account and click the link that says “Manage Subscriptions” and follow the instructions.
Except as prohibited by law, we or Apple may assess a late charge if you do not pay on time. You must pay these late charges when we or the Store bills you for them. The late charge will be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted by law, unless the Store specifies a higher interest rate. We or Apple may use a third party to collect past due amounts. You must pay for all reasonable costs we or Apple incurs to collect any past due amounts, including reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full on time.
As stated above, we do not provide a payment gateway or store any of your payment details, including any credit card details. Your payment details are stored on the Store in conformance with Apple’s policies, as they may be updated from time to time. In addition to complying with these Terms and other of our applicable policies, you are required to comply with Apple’s policies from time to time. In the event of any conflict between our policies and those of Apple, the most restrictive policies will bind you.
Miscellaneous. These Terms and your use of the Website, the App, the Support and the Service will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in San Mateo County, California. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms. None of your rights or duties under these Terms may be transferred, assigned or delegated by you without our prior written consent, and any attempted transfer, assignment or delegation without such consent will be void and without effect. We may freely transfer, assign or delegate our rights and duties under these Terms. Subject to the foregoing, these Terms will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns. If any provision of these Terms is invalid, illegal, or incapable of being enforced by any rule of law or public policy, all other provisions of these Terms will nonetheless remain in full force and effect so long as the economic or legal substance of the transactions contemplated by these Terms is not affected in any manner adverse to any party. Upon such determination that any provision is invalid, illegal, or incapable of being enforced, the parties will negotiate in good faith to modify the Terms so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that the transactions contemplated hereby are fulfilled.
Reports. If you believe there is a violation of these Terms and you would like to report it to us, please direct the information to firstname.lastname@example.org. Any reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.