Terms of service.
Last updated March 5th, 2022
ItsGoodApp (“It’s Good” or the “Application”) is licensed to you (“You” or “End User”) by It’s Good Group, Inc., located at 1880 Century Park E Ste 1600, Los Angeles, CA, 90067, 310-556-6616, support@itsgood.life (hereinafter: “Licensor”, “Us”, “We”, or “It’s Good”), for use only under the terms of this End User License Agreement (the “License Agreement”).
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. It’s Good, not Apple, is solely responsible for the licensed Application and the content thereof.
This License Agreement includes a provision for dispute resolution, requiring that both You and It’s Good agree to resolve disputes through mandatory arbitration, and that we both waive any right to participate in a class action lawsuit or classwide arbitration.
All rights not expressly granted to You are reserved.
1. THE APPLICATION
The Application is a piece of software created to gather information in the Application and your social network – and is customized for Apple mobile devices. It is used to capture, share, save and curate information that users contribute.
2. SCOPE OF LICENSE
Subject to your compliance with this License Agreement, Licensor grants you a limited, non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any Apple-branded Products that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, this Section 2 (Scope of License) and the App Store Terms of Service.
This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
You may not share or make the Application available to third parties, sell, rent, lend, lease or otherwise redistribute the Application.
You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Licensor’s prior written consent).
You may not copy (excluding where expressly authorized by this License Agreement and the Usage Rules herein) or alter the Application or portions thereof. You may create and store copies of the Application only on devices that You own or control for backup keeping under the terms of this License Agreement, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
Licensor reserves the right to modify the terms and conditions of licensing.
You will not attempt to log in or attempt to access the Application through unauthorized third-party applications or clients.
Nothing in this License Agreement should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3. ACCOUNTS
When You create an account with Us, you represent, warrant and covenant that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate suspension or termination of your account in the Application. You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use a username that is the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use a username that is offensive, vulgar, or obscene in Licensor’s sole discretion.
4. TECHNICAL REQUIREMENTS
Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
5. MAINTENANCE AND SUPPORT
The Licensor is solely responsible for providing maintenance and support services for this licensed Application, if any. You can reach the Licensor at the email address: support@itsgood.com.
Licensor and the End User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
6. USE OF DATA
You acknowledge that Licensor will be able to access and adjust your downloaded Application content, Contributions (defined below), and your personal information, and that Licensor’s use of such material and information is subject to your legal agreements with Licensor and Licensor’s Privacy Policy: https://www.itsgood.life/privacy-policy.
7. USER-GENERATED CONTRIBUTIONS
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites of applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and by this License Agreement.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable person to enable inclusion and use of your Contributions in any manner contemplated by the Application and this License Agreement.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, flighty, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or used to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or wellbeing of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these License Agreement terms, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates this License Agreement and may result in, among other remedies, termination or suspension of your rights to use the Application.
8. CONTRIBUTION LICENSE
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, You automatically grant, and You represent and warrant that You have the right to grant, to Us, an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Contributions, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from Us.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial logos You provide. You waive all moral rights in your Contributions, and You warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by You in any area in the Application. You are solely responsible to the Application and you expressly agree to indemnify Us from any and all responsibility and to refrain from any legal action against Us regarding your Contributions.
We have the right, in our sole and absolute discretion, (a) to edit, redact, or otherwise change any Contributions; (b) to re-categorize any Contributions to place them in more appropriate locations in the Application; and (c) to pre-screen and delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
9. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless It’s Good Group, Inc., its related entities and subsidiaries, and its licensees and licensors, and their employees, contractors, agents, officers, directors (collectively, the “Indemnified Parties”) from and against and all actions, claims, damages, deficiencies, judgements, obligations, losses, liabilities, settlements, interest, awards, penalties, fines, costs or debt, or expenses of whatever kind (including, but not limited to, attorneys’ fees), incurred by the Indemnified Parties related to or arising out of any third party claim, whether brought by private civil litigants, federal or state officials or agencies or other governmental officials, based upon or related to: (a) your use and access to the Application, by you or any person using your account and password; (b) a breach of this License Agreement; or (c) Contributions posted on the Application, including but not limited to claims alleging violation of: (i) the Telephone Consumer Protection Act; (ii) federal telemarketing laws and regulations; (iii) state telemarketing laws and regulations; or (iv) other federal, state, or international laws governing text messages or email or transmitting communications to particular kinds of subscribers or devices.
10. WARRANTY
Licensor warrants that, to its knowledge, the Application is free of spyware, trojan horses, viruses, or any other malware at the time of your download.
No warranty is provided for the Application that is not executable on the device, that has been modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other causes outside of Licensor’s reasonable control that affect the executability of the Application.
In the event of any failure of the Application to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price for the Application to You, if applicable, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor’s sole responsibility.
11. DISCLAIMER
Your use of the Application is at your own discretion and at your sole risk and you will be solely responsible or liable for any loss of data, damage or harm to any of your devices used to use or access the Application. Except as set forth in Section 10(a) above, the Application is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of any right, rule, regulation, or law, or any warranty arising by usage of trade, course of dealing or course of performance. It’s Good, its subsidiaries, affiliates, and its licensors do not warrant that (a) the Application will function uninterrupted, be secure or available at any particular time or location; (b) any errors or defects will be corrected; (c) other than as set forth in Section 10(a) above, the Application is free of viruses or other harmful components; or (d) the results of using the Application will meet your requirements. Additionally, data, content or your Contributions stored using the Application may be lost, damaged or otherwise unrecoverable.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL IT’S GOOD GROUP, INC., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES (COLLECTIVELY, THE “IT’S GOOD PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING,WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY IN THE APPLICATION; (III) ANY CONTENT OBTAINED FROM THE APPLICATION; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTRIBUTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE IT’S GOOD PARTIES ARISING OUT OF OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED FIFTY U.S. DOLLARS ($50).
TO THE EXTENT THAT IN ANY RELEVANT JURISDICTION ANY OF THE ABOVE DISCLAIMERS OR LIMITATIONS OF LIABILITY ARE NOT PERMITTED, YOU ACKNOWLEDGE AND AGREE THAT ANY LIABILITY (AND DAMAGES) ASSESSED TO US WILL BE LIMITED TO THE LOWEST AMOUNT AND SCOPE LEGALLY PERMISSIBLE IN THE RELEVANT JURISDICTION.
Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use.
13. PRODUCT CLAIMS
It’s Good and the End User acknowledge that It’s Good, and not Apple, is responsible for addressing claims of the End User or any third party relating to the licensed Application or the End User’s possession and/or use of that licensed Application, including, but not limited to (1) product liability claims; (2) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy, or similar legislation.
14. LEGAL COMPLIANCE
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
15. CONTACT INFORMATION
For general inquires, complaints, questions or claims concerning the Application, please contact:
It’s Good Group, Inc.
1880 Century Park E, Ste 1600
Los Angeles, CA, 90067
UNITED STATES
310-556-6616
16. TERMINATION
The license is valid until terminated by It’s Good or by You. If You wish to terminate your account, You may simply discontinue using the Application. Your rights under this license will terminate automatically and without notice from It’s Good if You fail to adhere to any term(s) of this License Agreement. Upon termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application. All provisions of the License Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
17. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY
You represent and warrant that You shall comply with applicable third-party terms of agreement when using the Application.
In accordance with Section 10 of Apple’s “Instructions for Minimum Terms of Developer’s End-User License Agreement,” Apple and Apple’s subsidiaries are third-party beneficiaries of this End User License Agreement and, upon your acceptance of the terms and conditions of this License Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.
18. INTELLECTUAL PROPERTY RIGHTS
It’s Good and the End User acknowledge that, in the event of any third-party claim that the Application or the End User’s possession and use of the Application infringes on a third party’s intellectual property rights, It’s Good, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.
19. DISPUTE RESOLUTION – BINDING ARBITRATION
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration along with sufficient information and documents describing and substantiating the controversy or claim. It’s Good will provide such notice by e-mail to your e-mail address on file with It’s Good. You must provide such notice by e-mail to support@itsgood.com. During such 60-day notice period, the parties will work to settle amicably by mutual discussion. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand—You or We must certify compliance when filing any arbitration demand. AAA (defined below) is not permitted to accept any arbitration demand without this certification.
Except that either party may file a complaint in small claims court consistent with the jurisdictional limits that apply, any controversy or claim between the parties or arising out of this License Agreement or any use of the Application shall be determined by one disinterested arbitrator in binding arbitration pursuant to the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”). For more information including how you can file for arbitration, visit www.adr.org/. Testimony shall be permitted by telephone, video conference and other forms of real-time telecommunications or, at your election, arbitration can be decided on a documents-only basis. If the arbitrator requires in-person hearings, the hearings shall be held in Los Angeles, California. Except for demands that are dismissed summarily, where the pre-dispute process described in (a) above has not been followed, or where a demand is determined by the arbitrator to be frivolous or brought in bad faith, we agree to pay your filing fees in connection with arbitration. The arbitral award will be final and binding, and may be entered and enforced in any court of competent jurisdiction.
WAIVER OF JURY TRIAL AND CLASS ACTIONS: BY ENTERING INTO THIS LICENSE AGREEMENT, YOU AND IT’S GOOD ACKNOWLEDGE AND AGREE TO WAIVE CERTAIN RIGHTS TO LITIGATE DISPUTES IN COURT, TO RECEIVE A JURY TRIAL OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND IT’S GOOD BOTH AGREE THAT ANY ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR ON A CONSOLIDATED BASIS AND YOU EXPRESSLY WAIVE YOUR RIGHT TO BRING A CLASS ACTION SUIT AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO PROCEED WITH AN ARBITRATION ON A CLASS OR REPRESENTATIVE BASIS. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
IF FOR ANY REASON THE ARBITRATION CLAUSE SET FORTH IN THIS LICENSE AGREEMENT IS DEEMED INAPPLICABLE OR INVALID, OR TO THE EXTENT THE ARBITRATION CLAUSE ALLOWS FOR LITIGATION OF DISPUTES IN COURT, YOU AND IT’S GOOD BOTH WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
The Dispute Resolution terms in Section 20 survive termination of your use of the Application, the License Agreement itself and the fulfillment of all our and your obligations under this License Agreement.
20. GOVERNING LAW
This License Agreement is governed and construed in accordance with the Federal Arbitration Act and interpreting case law. Where state law applies, the laws of California, United States, will apply without regard to its conflicts of law provisions. Our failure to enforce any right or provision of this License Agreement will not be considered a waiver of those rights.
21. SEVERABILITY
If any provision of this License Agreement, or any part of it, is found to be unenforceable or invalid, that provision will be (to the minimum extent necessary) replaced by a valid and enforceable provision, the effect of which comes as close as possible to the intended economic effect of the unenforceable or invalid provision, so that this License Agreement will otherwise remain in full force and effect and enforceable.
22. ENTIRE AGREEMENT
This License Agreement constitutes the entire agreement between us regarding the Application and supersedes and replaces any prior agreements we might have had between us regarding the Application. Collateral agreements, changes, and amendments are only valid if in writing and signed by both parties. The preceding clause can only be waived in writing.