Mobile Software Terms
Last Modified: October 1, 2020
The Mobile App Terms (“Mobile Terms”) supplement the Weave Terms of Service (“Terms of Service”) and which collectively govern your use of our Mobile App. These Mobile Terms and the Terms of Service are hereinafter collectively referred to as the “Terms”. All capitalized terms used but not defined herein shall have the meanings set forth in the Terms of Service. To access and otherwise use the Mobile App, Subscriber and its end users of the Service must at all times agree to and abide by these Terms.
- Mobile App. We may make available a version of the Software to access the Service via a mobile device (“Mobile App”). If you download, access or use the Mobile App, you are subject to and hereby acknowledge and agree to these Mobile Terms.
- License Grant. The Weave entity listed on your quotation order hereby grants you a limited, non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile App for one Weave account on one mobile device owned or leased solely by you, for your personal use. Any third-party code that may be incorporated in the Mobile App is covered by the applicable open source or third-party license end user license agreement, if any, authorizing use of such code in accordance with the terms herein. The foregoing license grant is not a sale of the Mobile App or any copy thereof, and Weave or its third-party partners or suppliers retain all right, title, and interest in the Mobile App (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Weave reserves all rights not expressly granted under these Terms.
- Mobile App.
- Mobile Device. You acknowledge that you must have a compatible mobile device to use the Mobile App. Weave does not warrant that the Mobile App will be compatible with your mobile device.
- Mobile Data. You may use mobile data in connection with the Mobile App and may incur additional charges from your wireless provider for these services. You acknowledge and agree that you are solely responsible for any such charges.
- Mobile App Upgrades. You acknowledge that Weave may from time to time issue upgraded versions of the Mobile App, and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades.
- Compliance with Laws. The Mobile App originates in the United States, and is subject to United States export laws and regulations. The Mobile App may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile App may be subject to the import and export laws of other countries. You agree to comply with all United States, Canadian and foreign laws related to use of the Mobile App and the Service.
- Mobile App from Apple App Store. The following applies to any Mobile App you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Weave, not Apple, Inc. (“Apple”), and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Weave as provider of the Software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Weave as provider of the Software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Weave, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Weave acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and you will be deemed to have accepted the right) to enforce these Terms, as it relates to your license of the Apple-Sourced Software against you, as a third-party beneficiary thereof.
- Mobile App from Google Play Store. The following applies to any Mobile App you acquire from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Weave only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (d) Weave, and not Google, is solely responsible for its Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Weave’s Google-Sourced Software.
- U.S. Government End Users. If the end user of the Mobile App is the U.S. Government (or use of the Mobile App will be used on behalf of the U.S. Government), the terms in this section apply. For the purposes of this Section 4, the term “U.S. Government” shall mean a United States federal executive agency organized under Article III of the United States Constitution, including, without limitation, any sub-agencies, departments, and bureaus thereof. The Service is a “commercial item,” as defined at 48 C.F.R. §2.101, and constitute “commercial computer software” and “commercial computer software documentation,” as such terms are defined in 48 C.F.R. §12.212. Accordingly, if the user of the Mobile App is the U.S. Government, the Mobile App and any related documentation or other materials are provided for use with only those rights which may be granted to all other Mobile App end users pursuant to these Terms, and in accordance with (a) 48 C.F.R. §§ 227.7201 through 227.7204, with respect to the Department of Defense and its contractors, or (b) 48 C.F.R. § 12.211 and 48 C.F.R. § 12.212, with respect to all other U.S. Government agencies and its contractors.
- Ratification. By downloading, accessing, or otherwise using the Mobile App, you expressly acknowledge and agree to these Mobile Terms in addition to the Weave Terms of Service.