“Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to: user name, password (and other login information), email address, notes and dates and uploads information. “Non-Personal Information” is information that does not identify you as an individual, such as your browser type, IP address, the URL of the previous website you visited, the activity of a user of the Service, a user’s ‘click-stream’ and scrolls on the Service, mobile device ID, date and time stamps of use of the Service and third party applications, email addresses in hashed form (i.e. a user’s email corresponds to a series of characters that does not permit the user’s identification) etc.; although some opinions (such as the European Union) would consider IP address as Personal Information.
3. What Personal Information or Non-Personal Information We Collect and How We Collect It? We may receive and/or collect Personal Information or Non-Personal Information from you in the following ways:
§ Account/’Login’ Information. We collect your login information in order to identify and authenticate your access to the Service. Such information may include a user name, email address and access token.
§ App Downloads. We may offer you the opportunity to download, access and use certain third party apps (mobile software applications) from the Service. You acknowledge that your use of third party apps that you download via the Service is subject to the terms and conditions of the developer or provider of that app.
§ Subscriptions, purchases or other transactions. When you use the Service to make a purchase or complete a transaction, you may be asked to share certain personal information in addition to what you have provided upon opening your account. Additionally, other information may be required to complete the transaction. This information will be requested on a case by case basis and will be saved only upon your express confirmation in order to enhance your experience using our Service.
§ Mobile Device Data. We may collect limited information from your mobile device in order to provide the Service. Such information could be your mobile device type and operating system version, mobile device ID, mobile advertising ids, IP addresses, and date and time stamps of use of the Service and third party applications. In addition, we may deploy certain Non-Personal Information (see Section 5 below) collection technologies within the Service in order to provide the Service and to help us gather aggregate statistics.
§ Tracking Technologies. The Service may utilize “cookies” (small text files), log-files, web beacons and other tracking technologies to collect information about Service user activity and collect data. As a default, most browsers accept cookies, but you can change this setting under your browser’s “Options” menu. Be aware that certain functions of the Service and other features may be affected if you disable cookies, i.e., they may not work correctly.
§ Communications from users. So that we are able to answer your questions and requests as thoroughly as possible, we may keep emails or other communications you send to us.
4. The Way We Use Personal Information. The Personal Information will generally be stored locally on your mobile device itself. If you submit or we collect Personal Information through the Service, then such Personal Information may be used in the following ways:
§ We will use your Personal Information to provide and improve our Service and to identify and authenticate your access to the parts of the Service that you are authorized to access. By using your Personal Information, we can segment and create more accurate and customized experience that is suitable for your needs. We may also use your Personal Information to assist in the successful completion of a transaction, to analyze and provide feedback on the Service or to ensure a safe transaction free of credit or other fraud.
§ We may disclose your Personal Information or any information you submitted via the Service if we have a good faith belief that disclosure of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our EULA, including investigations of potential violations thereof; (iii) detect, prevent, or otherwise address fraud or security issues; or (iv) protect against harm to the rights, property or safety of Persist, our users, yourself or the public.
5. Use of Non-Personal Information. We may collect Non-Personal Information in order to provide and operate the Service, including for statistical and research purposes; to enable us to further develop, customize and improve the Service based on users’ common preferences and uses; to create and provide our business partners and affiliates with aggregated statistical data and other aggregated and/or inferred Non-Personal Information. We may also disclose Non-Personal Information (with or without compensation) to third parties, including advertisers and partners. We are not aware of the identity of the user from which the Non-Personal Information was collected.
6. Choice. At all times, you may choose whether or not to provide or disclose Personal Information. If you choose not to provide mandatory Personal Information, you may still visit parts of the Service but you may be unable to access certain options, programs, offers, and services that involve our interaction with you.
9. Security. The security of Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security or confidentiality. If you have any questions about security on the Service, you can contact us at:
11. Disclosures. Our Service does not currently contain a web browser, and therefore there is no situation in which we are required to respond or take any action with respect to web browser “do not track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information about an individual consumer’s online activities over time and across third-party web sites or online services. We may allow third parties, such as Google Analytics, to collect personally identifiable information about an individual Service user’s online activities over time and across different web sites when a Service user uses the Service.
12. Access/Accuracy. To the extent that we collect and store Personal Information, we wish to maintain accurate Personal Information. To access or change or delete your account information please contact us at:
THIS APPLICATION LICENSE AGREEMENT (“LICENSE AGREEMENT”) IS THE LEGAL AGREEMENT BETWEEN YOU AND PERSIST LLC. (A LIMITED LIABILITY COMPANY) WITH RESPECT TO PERSIST’S PROPRIETARY SOFTWARE APPLICATION KNOWN AS “PERSIST” (“SOFTWARE”).
BY CLICKING “ACCEPT” AND/OR BY USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THIS LICENSE AGREEMENT, UNINSTALL THE SOFTWARE AND DO NOT USE IT IN ANY MANNER WHATSOEVER.
1. Grant of License. Subject to your compliance with the terms and conditions set forth herein, Persist hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable license to install and use one copy of the Software on your mobile device for the sole purpose of accessing, opening and using the capabilities and services enabled via the Software.
2. Restrictions on Use. You may not: (i) copy, modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based thereon; (ii) install the Software onto a server so that it is accessible via a public network; (iii) share or permit other individuals/entities to use the Software, rent, lease or transfer the Software or rights to use it; or (iv) delete or modify any attributions, legal notices or other proprietary designations in the Software or part thereof. Any such forbidden use shall immediately and automatically terminate your license to use the Software, without derogating from any other remedies available to Persist at law or in equity.
3. Title and Ownership. The Software and any revisions, modifications, enhancements and/or derivatives thereof are owned by Persist and/or its licensors and are protected under copyright laws and treaties. All right, title, and interest in and to the Software, including all associated intellectual property rights are and shall remain owned solely by Persist and/or its licensors.
4. Third Party Software. Any third party software that may be provided with the Software is included for use at your option. Such third party software is provided under the terms of the license attached/linked thereto or, if no such license is attached, such third party software is provided AS IS. Persist is not liable for any losses or damages which may occur from the use of any third party software.
5. Updates/Upgrades. Persist improves from time to time the Software and may update/upgrade the Software at its sole discretion, with or without notification. At Persist’s sole discretion, Persist may notify you through a patch process, or by email, or website posting of such updates or upgrades available for download. Some updates/upgrades may be optional and some may be mandatory in order to operate the Software. At its sole discretion, Persist may, but is not obligated to, provide email and/or internet based support with online help.
6. Paid accounts. You’ll be automatically billed from the date you convert to a Premium (Paid) Account and on each renewal period until cancellation. Please note that you’ll be charged tax when we are required to do so, and you are responsible for all applicable taxes. You can cancel your recurring payment at any time, but we can only issue refunds for requests that occur within 48 hours of your purchase. Your Premium (Paid) Account will remain active until cancellation or termination under these Terms. Failing to pay for your Premium (Paid) Account on time might result in loss of access to features you have paid for. We may change the fees in effect at a future date, but we will send advanced notice of any changes to the email address associated with your Persist account.
7. Compliance with Law. This Software is intended for use only in compliance with applicable laws and only with properly licensed media and content. You undertake to use the Software in accordance with all applicable laws, including without limitation, all applicable export laws, restrictions and regulations and agree that you will not export, or allow the export or re-export of the Software in violation of any such laws, restrictions and/or regulations. You agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of any restricted country.
8. Changes to Software or License Agreement. Persist may modify, suspend, or discontinue any aspect of the Software at any time. Persist reserves the right to modify the terms of this License Agreement, whereby material changes will be disclosed to you through a patch process or through website posting. Except for changes to this License Agreement that affect your privacy, which shall be subject to your specific acceptance, your continued use of the Software, following any revision of the Software or this License Agreement, constitutes your acceptance of any such changes.
9. Warranty Disclaimer. The software is provided on an “AS IS” basis, without warranty of any kind. To the maximum extent permitted by applicable law, Persist disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability. Under no circumstances and under no legal theory (tort, contract, or otherwise), shall Persist or its licensors be liable to you or any other person for any indirect, special, incidental, or consequential damages of any type including, without limitation, damages for loss of goodwill, business interruption, device failure or malfunction, loss of business profits, loss of data or business or financial information, procurement of substitute goods or services or any and all other commercial damages or losses. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. In no event shall Persist’s cumulative liability to you or any third party for any loss or damages exceed the amount paid by you to Persist for use of the software, even if persist had been informed of the possibility of such damages, or for any claim by any other party.
11. Immediate Termination. Without prejudice to any other rights, this Agreement and your right to use this Software automatically terminates if you fail to comply with any provision of this License Agreement. Persist may terminate this License Agreement at any time with or without prior notice. You may terminate this license at any time by stopping your use thereof and un-installing the Software.
12. For users of Persist for iOS:
§ Payment will be charged to iTunes Account at confirmation of purchase
§ Subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period
§ Account will be charged for renewal within 24-hours prior to the end of the current period
§ Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s Account Settings after purchase
13. Miscellaneous. This License Agreement shall constitute the complete and exclusive agreement between us. PERSIST’S ACCEPTANCE OF YOUR USE OF THE SOFTWARE, IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN. If any provision of this License Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This License Agreement shall be construed and governed in accordance with the laws of Delaware (regardless of its conflict of law provisions) and the competent courts in Delaware shall have exclusive jurisdiction over any dispute arising out of or related to this License Agreement. Failure of Persist to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights or of subsequent actions in the event of future breaches. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.