END USER LICENSE AGREEMENT
Last updated October 7, 2024
The Gahitwen, LLC is licensed to You (End-User) by The Gahitwen, LLC, located at 131 Continental Drive Suite 305, Newark, DE 19713, USA (hereinafter: Licensor), for use only under the terms of this License Agreement.
By downloading the Application from the Apple AppStore and Google Play, and any update thereto (as permitted by this License Agreement), You indicate that You agree to be bound by all of the terms and conditions of this License Agreement, and that You accept this License Agreement.
The parties of this License Agreement acknowledge that Apple and/or Google Play is not a Party to this License Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance, and support thereof. The Gahitwen, LLC, not Apple or Google Play, is solely responsible for the licensed Application and the content thereof.
This License Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. The Gahitwen, LLC acknowledges that it had the opportunity to review said terms and this License Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Gahitwen (hereinafter: Application) is a piece of software that is a Rideshare platform – and customized for Apple and Android mobile devices. It is used for connecting riders to drivers to get from point A to B with the push of a button.
The Application 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 are subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple-branded or Google products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with The Gahitwen, LLC's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with The Gahitwen, LLC's prior written consent).
2.5 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorized third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3.1 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.2 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.3 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store or Google Play Overview for this licensed Application.
4.2 The Gahitwen, LLC and the End-User acknowledge that Apple and/or Google Play has no obligation whatsoever to furnish any maintenance and support services with respect to the licensed Application.
You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor's use of such material and information is subject to Your legal agreements with Licensor and Licensor's privacy policy.
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in 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 Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.
By making Contributions, you represent and warrant the legality and propriety of your content.
By posting your Contributions, you grant The Gahitwen, LLC the right to use, reproduce, and distribute your content as necessary for the operation of the service.
8.1 Licensor’s responsibility in case of violation of obligations is limited to intent and gross negligence.
9.1 The Gahitwen, LLC warrants that the Application is free of malicious code at the time of download.
The Gahitwen, LLC, not Apple, is responsible for addressing any claims relating to the licensed Application, including product liability claims or consumer protection matters.
You represent that you are not located in a country subject to U.S. Government embargo or designated as supporting terrorism.
For general inquiries, complaints, questions, or claims, contact:
The Gahitwen, LLC
131 Continental Drive Suite 305
Newark, DE 19713
USA
[email protected]
This license is valid until terminated by The Gahitwen, LLC or by You. Your rights will terminate if you breach any terms of this agreement.
Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement, and Apple may enforce this agreement.
The Gahitwen, LLC, not Apple, is responsible for any intellectual property claims related to the Application.
This agreement is governed by the laws of Delaware.
Invalid terms will be replaced by valid ones that best represent the original intent.