Terms of Use

Scope of Use

Conserve Innovations Inc. ("ECGO") provides this ECGO mobile application (the "App") to you, the user of the App ("you" or "your"), for your informational, noncommercial use, and subject to the following General Terms of Use (these "Terms"). For the purpose of the following Terms, references to "we", "us" and "our" include ECGO and its affiliates, subsidiaries, agents, representatives, successors and assigns.

Subject to your compliance with these Terms and all applicable laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable license to use the App solely for your own personal use, not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.

YOU MAY NOT USE THE APP IF YOU DO NOT AGREE TO THESE TERMS.

Modifications

We reserve the right to modify the App and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the App and the "Last Updated" date at the top of this webpage will be revised. You understand and agree that if you use the App after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.

Restrictions on Use

You will not use the App for any use other than the business purpose for which it was intended. You will not take any of the following actions with respect to the App or the server hosting the App nor will you use our App to:

• Upload or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
• Decompile, use reverse engineering, disassemble, derive the source code of or decrypt the App;
• Manipulate or otherwise display the App by using framing, mirroring or similar navigational technology;
• Use any robot, spider, scraper or other automatic or manual means to access the App or copy any content or information;
• Remove, obscure, or alter any proprietary notices of us or our affiliates, partners, suppliers or our licensors;
• Modify, adapt, improve, enhance or make any derivative work from the App;
• Disable, overburden, impair or otherwise interfere with or interrupt the App or any hardware, software, system or network connected with the App;
• Probe, scan, or test the vulnerability of or breach the authentication measures of the App or any related networks or systems;
• Infringe the copyright, trademark or any proprietary rights or disclose a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement;
• Disseminate viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware;
• Attempt to gain unauthorized access to any other accounts, computer systems or networks.

Use of the App is limited to persons eighteen (18) years of age or older.

Privacy Policy

You may view a copy of our Privacy Policy, which explains our practices relating to the collection and use of your information through or in connection with our App. The Privacy Policy, as updated from time to time, is incorporated into these Terms by this reference.

Registration, Access & Security

If you use any of our services or provide us any information through the App, you agree to provide true, accurate, current, complete and up-to-date information. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. You will immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security.

General Data

You acknowledge and agree that right, title, and interest in and to all general, de-identified, anonymized or otherwise aggregated information based on content or data submitted via the App ("General Data" or "Aggregated Data") are and will remain the property of ECGO. You consent to ECGO's use of General Data for any purpose, to the extent and in the manner permitted under applicable law, including for the purpose of product and service development, marketing, analytics, quality assurance, machine learning or artificial intelligence, improvement of the App or of ECGO's other products, or any combination thereof.

No Warranties

THE APP AND ALL MATERIALS ON THE APP ARE PROVIDED TO YOU ON AN "AS-IS," "AS-AVAILABLE" BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE APP OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE APP. USE OF THE APP IS AT YOUR SOLE RISK.

Trademarks

All trademarks, service marks and logos that are used or displayed on the App are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the App may be a violation of state, national and international trademark laws.

Indemnity

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys' fees, due to, relating to, or arising out of: (i) your use of the App; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; or (v) your violation of any law or regulation or any rights of another.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP.

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE APP, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN TEN UNITED STATES DOLLARS ($10.00).

Third Party Apps

Some links in the App may navigate you away from the App or redirect you to other websites, including websites operated by third parties. The linked third party websites are not under our control, and the content available on the linked third party websites does not necessarily reflect our opinion or imply our recommendation or endorsement. We are not responsible for the privacy practices of any other websites.

Use Outside of the United States; Choice of Law; and Venue

The App is operated by us from our offices within the United States of America. By using the App, regardless of where you live or are located in the world, you consent to these Terms and any claims relating to the information, services or products made available through the App will be governed by the laws of the State of Delaware, U.S.A. You agree that venue for all actions, relating in any manner to these Terms, will be in a federal or state court of competent jurisdiction sitting in the State of Georgia.

Time Limit on Claims Against Us

You agree that any claim you may have arising out of or related to your use of the App or your relationship with us must be filed within one (1) year after such claim arose; otherwise, your claim is permanently barred.

Severability and Waiver

If any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms.

How to Contact Us

If you have any questions regarding the App or these Terms, please contact us at hello@ecgo.co.

Atlanta Tech Village
3423 Piedmont Rd. NE Suite 200
Atlanta, GA 30305