Last updated September 14, 2021
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”) and Zophonos Inc.
("Company," “we," “us," or “our”), concerning your access to and use of the
Rooundu mobile application as well as any other media form, media channel,
website or software application related, linked, or otherwise connected
thereto (collectively, the “Site”). We are registered in Delaware, United States and
have our registered office at 503 N Tatnall St, Wilmington , DE 19801. You agree
that by completing the Rooundu registration form, you have read, understood, and agreed to be bound by
all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE
TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM REGISTERING
AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the RooundU website
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to these
Terms of Use at any time and for any reason. We will alert you about any changes
by updating the “Last updated” date of these Terms of Use, and you waive any
right to receive specific notice of each such change. Please ensure that you check
the applicable Terms of the Rooundu application so that you understand which
Terms apply. You will be subject to, and will be deemed to have been made aware
of and to have accepted, the changes in any revised Terms of Use by your
continued use of the Rooundu application after the date such revised Terms of Use are posted.
The information provided on the Rooundu website is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the website from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Rooundu Website is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use the RooundU application . You may not use the Rooundu application nor any related media in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generally under
the age of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the RooundU application. If you are a minor, you must have your parent
or guardian read and agree to these Terms of Use prior to you using the Rooundu application.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Rooundu application is our proprietary property and all source
code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair competition laws of
the United States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part of
the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Rooundu application, you are not granted a limited license to
access and use the RooundU content or underlying code or Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the RooundU application, the Content and the Marks.
USER REPRESENTATIONS
By using the RooundU application, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these
Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the RooundU application; (5) you will not
access the RooundU application through automated or non-human means, whether through a bot,
script, or otherwise; (6) you will not use the RooundU application for any illegal or unauthorized
purpose; and (7) your use of the Rooundu application will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any and all
current or future use of the RooundU application (or any portion thereof).
USER REGISTRATION
You may be required to register in order to use the RooundU application. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the RooundU application for any purpose other than that for which we
make the application available. The RooundU application may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the RooundU application, you agree not to:
1. Systematically retrieve data or other content from the application to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of
the RooundU application, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the application and/or the Content
contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the RooundU application.
5. Use any information obtained from the RooundU application in order to harass, abuse, or
harm another person.
6. Make improper use of our support services or submit false reports of abuse
or misconduct.
7. Use the Rooundu application in a manner inconsistent with any applicable laws or
regulations.
8. Engage in unauthorized framing of or linking to the RooundU application.
9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the applicatipn or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance
of the Rooundu application.
10. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of
another user.
13. Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”),
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “pcms”).
14. Interfere with, disrupt, or create an undue burden on the Rooundu application or the
networks or services connected to the application.
15. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the RooundU application to you.
16. Attempt to bypass any measures of the Rooundu application designed to prevent or restrict
access to the application, or any portion of the application.
17. Copy or adapt RooundU’s software, including but not limited to XML, PHP,
HTML, Java, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making up a
part of the RooundU application.
19. Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the application, or using or launching any unauthorized script or other
software.
20. Make any unauthorized use of the RooundU application, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
21. Use the Rooundu application as part of any effort to compete with us or otherwise use the
application and/or the Content for any revenue-generating endeavor or commercial
enterprise.
22. Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
Currently, the Rooundu application does not offer users to submit or post content. In the future, we
may provide you with the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or within 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 RooundU application and
through third-party websites. As such, any Contributions you transmit may be
treated in accordance with the RooundU application Privacy Policy. When you create or make
available any Contributions, you thereby represent and warrant that:
1. 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.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the RooundU application, and
other users of the Rooundu application to use your Contributions in any manner contemplated by the Rooundu application and these
Terms of Use.
3. 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 individual person to enable inclusion and
use of your Contributions in any manner contemplated by the RooundU application and these
Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third
party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
12. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
13. Your Contributions do not otherwise violate, or link to material that violates,
any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Rooundu application in violation of the foregoing violates these Terms of Use and
may result in, among other things, termination or suspension of your rights to use
the RooundU application.
CONTRIBUTION LICENSE
You agree that we may access, store, process, and use any
information and personal data that you provide following the terms of the Privacy
Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the RooundU application, you agree that we
can use and share such feedback for any purpose without compensation to you.
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 on the RooundU application. You
are solely responsible for your Contributions to the Rooundu application and you expressly agree
to exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
MOBILE APPLICATION LICENSE
Use License
The RooundU application is accessed via a mobile device, therefore, we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the mobile
application on wireless electronic devices owned or controlled by you, and to
access and use the mobile application on such devices strictly in accordance with
the terms and conditions of this mobile application license contained in these
Terms of Use. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the application; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the application; (3) violate any
applicable laws, rules, or regulations in connection with your access or use of the
application; (4) remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial
enterprise, or other purpose for which it is not designed or intended; (6) make the
application available over a network or other environment permitting access or use
by multiple devices or users at the same time; (7) use the application for creating a
product, service, or software that is, directly or indirectly, competitive with or in any
way a substitute for the application; (8) use the application to send automated
queries to any website or to send any unsolicited commercial e-mail; or (9) use
any proprietary information or any of our interfaces or our other intellectual
property in the design, development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the application.
Apple and Android Devices
The following terms apply when you use a mobile application obtained from the
Google Play Store (an “App Distributor”) to access the RooundU application: (1)
the license granted to you for our mobile application is limited to a nontransferable
license to use the application on a device that utilizes the Android operating system, as applicable,
and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) in the event of any failure of the mobile
application to conform to any applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in accordance with its terms and policies,
may refund the purchase price, if any, paid for the mobile application, and to the
maximum extent permitted by applicable law, the App Distributor will have no other
warranty obligation whatsoever with respect to the mobile application; (3) you
represent and warrant that (i) 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 (ii) you are not listed on any U.S.
government list of prohibited or restricted parties; (4) you must comply with
applicable third-party terms of agreement when using the mobile application, e.g.,
if you have a VoIP application, then you must not be in violation of their wireless
data service agreement when using the mobile application; and (5) you
acknowledge and agree that the App Distributor is a third-party beneficiary of
the terms and conditions in this mobile application license contained in these
Terms of Use, and that each App Distributor will have the right (and will be
deemed to have accepted the right) to enforce the terms and conditions in this
mobile application license contained in these Terms of Use against you as a third party
beneficiary thereof.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Rooundu application ("Submissions") provided by you
to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose,
commercial or otherwise, without acknowledgment or compensation to you. You
hereby waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
APPLICATION MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the RooundU application for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our
sole discretion, violates the law or these Terms of Use, including without limitation,
reporting such user to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to
the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Rooundu application or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Rooundu application in a manner designed to protect our rights and property and to facilitate
the proper functioning of the RooundU application.
PRIVACY POLICY
We care about data privacy and security. By using the RooundU application, you agree to be bound
by our Privacy Policy posted on the RooundU website, which is incorporated into these Terms of
Use. Please be advised the RooundU website is hosted in the United States. If you access the
The website from any other region of the world with laws or other requirements governing
personal data collection, use, or disclosure that differ from applicable laws in the
United States, then through your continued use of the RooundU application, you are transferring
your data to the United States, and you agree to have your data transferred to and
processed in the United States.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the RooundU application.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE ROOUNDU APPLICATION
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR DELETE YOUR ACCOUNT
AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the RooundU application
at any time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our website. We also reserve the right to
modify or discontinue all or part of the website or application without notice at any time. We will not
be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Rooundu application and related media.
We cannot guarantee the Rooundu application or website will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Rooundu application or website, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the RooundU application or website
at any time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the RooundU application during any downtime or discontinuance of the application. Nothing
in these Terms of Use will be construed to obligate us to maintain and support the
Rooundu application or website or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the RooundU application are governed by and construed in
accordance with the laws of the State of Delaware applicable to agreements made
and to be entirely performed within the State of Delaware, without regard to its
conflict of law principles.
DISPUTE RESOLUTION
Any legal action of whatever nature brought by either you or us (collectively, the
“Parties” and individually, a “Party”) shall be commenced or prosecuted in the state
and federal courts located in United States , Delaware, and the Parties hereby
consent to, and waive all defenses of lack of personal jurisdiction and forum non
conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International
Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are
excluded from these Terms of Use. In no event shall any claim, action, or
proceeding brought by either Party related in any way to the Rooundu application be commenced
more than six (6) months after the cause of action arose.
CORRECTIONS
There may be information on the website or within the RooundU application that contains typographical errors, inaccuracies, or omissions, including descriptions, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information within the Rooundu application or website at any time, without prior notice.
DISCLAIMER
THE ROUNDU APPLICATION AND RELATED MEDIA IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE APPLICATION AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE APPLICATION AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE ROOUNDU APPLICATION’S CONTENT AND FEATURES, OR THE CONTENT OF ANY WEBSITES LINKED TO THE ROOUNDU APPLICATION AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE ROOUNDU APPLICATION, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
APPLICATION, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE APPLICATION. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE APPLICATION, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE ROOUNDU APPLICATION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
use of the RooundU application and website ; (2) breach of these Terms of Use; (3) any breach of your
representations and warranties set forth in these Terms of Use; (4) your violation
of the rights of a third party, including but not limited to intellectual property rights;
or (5) any overt harmful act toward any other user of the Rooundu application.
Notwithstanding the foregoing, we reserve the right, at
your expense, to assume the exclusive defense and control of any matter for
which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the RooundU application for the purpose of
managing the performance of the application, as well as data relating to your use of the
website. Although we may perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the RooundU application. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,
AND SIGNATURES
Visiting the RooundU website , sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email, website and within the application , satisfy
any legal requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE APLICATION. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in
any jurisdiction which require an original signature or delivery or retention of nonelectronic
records, or to payments or the granting of credits by any means other
than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the website
or in respect to the RooundU application constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or use of the RooundU application. You
agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties hereto
to execute these Terms of Use. This is an experimental app (i.e. Beta). By agreeing to these terms you are
enrolling into our Beta program which consists of features that may or may not be
included in subsequent releases. Features will be refined and/or changed in
subsequent releases. Also, we are noting that the Rooundu Beta application does not collect or store radio frequency or audio data on its servers. All environmental data is stored locally on a user's
device. In subsequent releases, data may or may not be stored remotely.
You should be aware that there are certain things that Zophonos Inc. will not take responsibility for. Certain functions of the app will require the app to have an active wireless connection. The connection can be Wi-Fi, bluetooth, or by other wireless means, but Zophonos Inc. cannot take responsibility for the app not working at full functionality if you don’t have access to wireless connection(s), and you don’t have any of your data allowance left.
Also, if you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the RooundU application, you are accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the application, please be aware that we assume that you have received permission from the bill payer for using the application. Along the same lines, Zophonos Inc. cannot take responsibility for the way you use the app i.e. You need to make sure that your device stays charged and that it has adequate storage – if it runs out of battery and you cannot turn it on to avail the service, Zophonos Inc. cannot accept responsibility. The same applies for device storage.
With respect to Zophonos Inc.’s responsibility for your use of the application, when you are using the application, it is important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Zophonos Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the application. The application is currently available on Android – the requirements for system(and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the application. Zophonos Inc. does not promise that it will always update the application so that it is relevant to you and/or works with the Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the application, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
CONTACT US
In order to resolve a complaint regarding the application, ask questions or provide suggestions about our Terms and Conditions, or to receive further information regarding use of the RooundU application, please contact us at:
Zophonos Inc.
503 N Tatnall St
Wilmington , DE 19801
United States
Phone: (302) 477-7330
Email: policy@rooundu.com
PRIVACY POLICY
Last updated September 15, 2021
Thank you for choosing to be part of our community at Zophonos Inc ("Company," "we," "us," or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about this privacy notice or our practices with regard to your personal information, please contact us at policy@rooundu.com.
This privacy notice describes how we might use your information if you:
The purpose of this privacy notice is to explain to you in the clearest way possible what information we collect, how we use it, and what rights you have in relation to it. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Services immediately.
Please read this privacy notice carefully, as it will help you understand what we do with the information that we collect.
1. WHAT INFORMATION DO WE COLLECT?
Personal information you disclose to us
In Short: We collect personal information that you provide to us.
We collect personal information that you voluntarily provide to us when you register on the App, express an interest in obtaining information about us or our products and Services, when you participate in activities on the App or otherwise when you contact us.
The personal information that we collect depends on the context of your interactions with us and the App, the choices you make and the products and features you use. The personal information we collect may include the following:
Personal Information Provided by You. We collect names; email addresses; usernames; passwords; and other similar information.
All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.
Information collected through our App
In Short: We collect information regarding your geolocation, mobile device, push notifications, when you use our App.
If you use our App, we may also collect the following information:
This information is primarily needed to maintain the security and operation of our App, for troubleshooting and for our internal analytics and reporting purposes.
2. HOW DO WE USE YOUR INFORMATION?
In Short: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.
We use personal information collected via our App for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.
We use the information we collect or receive:
3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?
In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.
We may process or share your data that we hold based on the following legal basis:
4. HOW LONG DO WE KEEP YOUR INFORMATION?
In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.
We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this notice will require us keeping your personal information for longer than the period of time in which users have an account with us.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such information, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
5. HOW DO WE KEEP YOUR INFORMATION SAFE?
In Short: We aim to protect your personal information through a system of organizational and technical security measures.
We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, despite our safeguards and efforts to secure your information, no electronic transmission over the Internet or information storage technology can be guaranteed to be 100% secure, so we cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third parties will not be able to defeat our security, and improperly collect, access, steal, or modify your information. Although we will do our best to protect your personal information, transmission of personal information to and from our App is at your own risk. You should only access the App within a secure environment.
6. WHAT ARE YOUR PRIVACY RIGHTS?
In Short: You may review, change, or terminate your account at any time.
If you are a resident in the EEA or UK and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: https://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you are a resident in Switzerland, the contact details for the data protection authorities are available here: https://www.edoeb.admin.ch/edoeb/en/home.html.
If you have questions or comments about your privacy rights, you may email us at noreply@rooundu.com.
Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:
Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, we may retain some information in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with applicable legal requirements.
Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list — however, we may still communicate with you, for example to send you service-related emails that are necessary for the administration and use of your account, to respond to service requests, or for other non-marketing purposes. To otherwise opt-out, you may:
7. CONTROLS FOR DO-NOT-TRACK FEATURES
Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. At this stage no uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.
8. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?
In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.
California Civil Code Section 1798.83, also known as the "Shine The Light" law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.
If you are under 18 years of age, reside in California, and have a registered account with the App, you have the right to request removal of unwanted data that you publicly post on the App. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the App, but please be aware that the data may not be completely or comprehensively removed from all our systems (e.g. backups, etc.).
CCPA Privacy Notice
The California Code of Regulations defines a "resident" as:
(1) every individual who is in the State of California for other than a temporary or transitory purpose and
(2) every individual who is domiciled in the State of California who is outside the State of California for a temporary or transitory purpose
All other individuals are defined as "non-residents."
If this definition of "resident" applies to you, we must adhere to certain rights and obligations regarding your personal information.
What categories of personal information do we collect?
We have collected the following categories of personal information in the past twelve (12) months:
Category
Examples
Collected
A. Identifiers
Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address and account name
YES
B. Personal information categories listed in the California Customer Records statute
Name, contact information, education, employment, employment history and financial information
YES
C. Protected classification characteristics under California or federal law
Gender and date of birth
YES
D. Commercial information
Transaction information, purchase history, financial details and payment information
NO
E. Biometric information
Fingerprints and voiceprints
NO
F. Internet or other similar network activity
Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems and advertisements
NO
G. Geolocation data
Device location
YES
H. Audio, electronic, visual, thermal, olfactory, or similar information
Images and audio, video or call recordings created in connection with our business activities
NO (BETA)
I. Professional or employment-related information
Business contact details in order to provide you our services at a business level, job title as well as work history and professional qualifications if you apply for a job with us
NO
J. Education Information
Student records and directory information
NO
K. Inferences drawn from other personal information
Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
NO
We may also collect other personal information outside of these categories instances where you interact with us in-person, online, or by phone or mail in the context of:
How do we use and share your personal information?
More information about our data collection and sharing practices can be found in this privacy notice.
You may contact us by email at accountmanagement@roundu.com, or by referring to the contact details at the bottom of this document.
If you are using an authorized agent to exercise your right to opt-out we may deny a request if the authorized agent does not submit proof that they have been validly authorized to act on your behalf.
Will your information be shared with anyone else?
We may disclose your personal information with our service providers pursuant to a written contract between us and each service provider. Each service provider is a for-profit entity that processes the information on our behalf.
We may use your personal information for our own business purposes, such as for undertaking internal research for technological development and demonstration. This is not considered to be "selling" of your personal data.
Zophonos Inc has not disclosed or sold any personal information to third parties for a business or commercial purpose in the preceding 12 months. Zophonos Inc will not sell personal information in the future belonging to website visitors, users and other consumers.
Your rights with respect to your personal data
Right to request deletion of the data - Request to delete
You can ask for the deletion of your personal information. If you ask us to delete your personal information, we will respect your request and delete your personal information, subject to certain exceptions provided by law, such as (but not limited to) the exercise by another consumer of his or her right to free speech, our compliance requirements resulting from a legal obligation or any processing that may be required to protect against illegal activities.
Right to be informed - Request to know
Depending on the circumstances, you have a right to know:
In accordance with applicable law, we are not obligated to provide or delete consumer information that is de-identified in response to a consumer request or to re-identify individual data to verify a consumer request.
Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights
We will not discriminate against you if you exercise your privacy rights.
Verification process
Upon receiving your request, we will need to verify your identity to determine you are the same person about whom we have the information in our system. These verification efforts require us to ask you to provide information so that we can match it with information you have previously provided us. For instance, depending on the type of request you submit, we may ask you to provide certain information so that we can match the information you provide with the information we already have on file, or we may contact you through a communication method (e.g. phone or email) that you have previously provided to us. We may also use other verification methods as the circumstances dictate.
We will only use personal information provided in your request to verify your identity or authority to make the request. To the extent possible, we will avoid requesting additional information from you for the purposes of verification. If, however, we cannot verify your identity from the information already maintained by us, we may request that you provide additional information for the purposes of verifying your identity, and for security or fraud-prevention purposes. We will delete such additionally provided information as soon as we finish verifying you.
Other privacy rights
To exercise these rights, you can contact us by email at policy@roundu.com, or by referring to the contact details at the bottom of this document. If you have a complaint about how we handle your data, we would like to hear from you.
9. DO WE MAKE UPDATES TO THIS NOTICE?
In Short: Yes, we will update this notice as necessary to stay compliant with relevant laws.
We may update this privacy notice from time to time. The updated version will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting
your information.
10. CHILDREN’S PRIVACY
In Short: No, we do not knowingly collect a child’s personal information.
These Services do not address anyone under the age of 13. We do not knowingly collect personally identifiable information from children under 13 years of age. In the case we discover that a child under 13 has provided us with personal information, we immediately delete this from our servers. If you are a parent or guardian and you are aware that your child has provided us with personal information, please contact us so that we will be able to do necessary actions.
11. HOW CAN YOU CONTACT US ABOUT THIS NOTICE?
If you have questions or comments about this notice, you may email us at policy@rooundu.com or by post to:
Zophonos Inc.
503 N Tatnall St
Wilmington , DE 19801
United States
Phone: (302) 477-7330
Email: policy@rooundu.com
12. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?
Based on the applicable laws of your country, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances. To request to review, update, or delete your personal information, please email us: accountmanagement@rooundu.com
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