Terms and Conditions
Last updated: July 30, 2020
Grupian is a social media platform, developed by Avodigy LLC, that aims to connect professional peers or customers in the same organization, industry or association. These Terms and Conditions aim to help our users understand the rights of both you and Grupian, to make your usage as smooth as possible. By using Grupian or any other Services, you agree to the Terms as outlined here. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
For the purposes of these Terms and Conditions:
“Grupian”, “we”, “our”, “us”, “company” refers to Grupian mobile app or Avodigy LLC.
Terms and Conditions (“Terms”) applies to all of Grupian related features and services, software and website, and will be collectively referred to as “Services”
”You” or “user” refers to the individual accessing or using the Services or the company, or other legal entity on behalf of which such individual is accessing or using the Services as applicable.
“Personal data” is any information that relates to an identified or identifiable individual.
These Terms contain an arbitration clause, which states that for most disputes, Avodigy and you will resolve all disputes through individual mandatory binding arbitration, and you will waive your right to have these disputes in front of a judge or jury or to participate in a class-action lawsuit or class-wide arbitration.
About Our Services
Our Services are restricted to individuals over the age of 18. Additional features may require users to be even older, and under applicable law, you must have the authority to agree to the Terms. If not, a parent or guardian must agree to the terms.
Upon registration, you must either provide your email or use a third-party login from your host organization. You may provide certain device and data connections to use our Services. You are responsible for all carrier fees and taxes resulting from your use of our Services.
Upon installation and use of our Services, we grant you the license to access and enjoy the Services. The software we provide may automatically download new updates and features, which can be adjusted. You may not copy, modify, or sell our Services.
Termination and Modifying Services
To improve our Services, we may provide updates with new features and products and may suspend the Services without warning or notice.
We may terminate or suspend your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
Acceptable Uses of Our Services
Our Terms and Conditions
You must follow all the Terms as outlined in this Terms and Conditions, as well as other posted policies. Violation of the terms may result in suspension or disabling of your account, and you may not create a new account in the future.
You may only use our Services or legal purposes, as subject to the country you reside in. Examples of unacceptable behavior include using Services to violate the rights of Grupian or other users, including privacy, publicity and intellectual rights, participating in illegal or inflammatory conduct, publishing false statements, impersonating others and sending illegal communication.
As a Grupian user, you agree to the following restrictions to enjoy our Services:
You will not involve in any behavior that violates the laws and regulations that are legally binding.
You will not infringe intellectual property rights, such as copyrights, trademarks and patent right of any individual or company
You will not post any content that involves violence, sexual expressions; discrimination by race, national origin, gender, social status, or any content that attack or lead to the discomfort of other users.
You will not use Grupian for sales, marketing, advertising for commercial purposes.
You will not post pollical, religious, and any content that leads to discomfort of other users.
You will not exploit Grupian in unauthorized manners to create derivative works based on our Services, reverse engineer code from our Services, send harmful code onto our Services, attempt to access our private systems, disrupt the operation of our Services, create illegal or false accounts, collect unauthorized information about our Services or other users, or sell our Services.
Our Service may contain links to third-party web sites or services that are not owned or controlled by Grupian.
Grupian 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 we 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.
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, Grupian 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 we nor any of our service providers or partners makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Services, or the information, content, and materials or products included thereon; (ii) that the Services 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.
We take no responsibility or liability for any content that you or another user creates, uploads, posts, sends, receives, or expresses through voice and video chat. You may be exposed to inappropriate and illegal conduct or content, which Grupian is not responsible for.
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
To the maximum extent permitted by applicable law, in no event shall Grupian, its service providers or partners 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 Grupian or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. In no event will Grupian’s liability for all claims related exceed the maximum of $100 (one hundred) USD or the amount paid to Grupian for the last 12 months.
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.
The laws of the United States of America, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Grupian app may also be subject to other local, state, national, or international laws.
Users submit to binding mandatory individual arbitration of disputes besides intellectual property disputes. You therefore waive your right to have disputes resolved in court by a judge or jury, as well as for any class action or class arbitration lawsuit.
Opt-Out Procedure. You may opt out of this clause. To opt out, notify us in writing postmarked within 30 days of the later of: (i) the date that you first accepted our Terms; and (ii) the date you became subject to this arbitration provision. You must use this email address to opt-out:
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.
Severability and Waiver
If any provision of these Terms 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.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at Our sole discretion.
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 app and the Service.