Terms of Use

CatchupCalendar, Inc. Terms of Use

1. Acceptance of These Terms

Welcome! This website, www.catchupcalendar.com (the "Site," including all subdomains), is a copyrighted work belonging to CatchupCalendar, Inc. ("we," "us," and "our"). These terms of service (the "Terms") govern your access to and use of the services available on this Site, emails, and mobile and desktop applications (collectively, the “Service” or “Services”). Specific features of the Site or Services may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user ("you" and "your," including any entity you represent) and are incorporated herein by reference.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CATCHUPCALENDAR, INC.. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.

THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.

Children under 13 [thirteen] years old are allowed to use the Site and Services directed at children with parental consent and supervision.

2. License to Use Website

The Site and Services primarily operates as a for-profit business website. The purpose of the Site is to provide information about CatchupCalendar Inc. and its product(s). Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the Site. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided by the Site.

3. Advertisements

The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site or through the Services, queries made, or other information, whether collected by us or others, or submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change.

4. Cookies

The Site and Services uses cookies. Cookies store information related to visitors' preferences, browser type, and other information in order to optimize their experiences. By using the Site or Services you acknowledge your understanding of and consent to CatchupCalendar, Inc.'s use of cookies. You may delete cookies already on your computer by consulting the instructions for your file management software. You may also disable future cookies in your browser settings. Please note, however, that disabling cookies may prevent or impair your ability to access and fully make use of certain Services and areas of the Site.

You also acknowledge that websites such as Google and other third-party vendors to our Site or Services may use DART cookies to provide add-ons to our Site and Services based upon visitors visiting our Site and other websites, or using Services. Visitors may decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL: http://www.google.com/privacy_ads.html.

5. Acceptable Use Policy

By using this Site and Services you agree to use the Site and Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in Delaware, United States. This Site and Services are meant for use by persons within the United States. It may be illegal for certain persons to use the Site or Services in some countries. We make no claim that the Site or Services will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted on the Site and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.

    The following uses of the Site or Services are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary: . Using the Site or Services in a manner that causes, or may cause, damage to the Site or Services or in a way that impairs visitors' abilities to access or use the Site and Services, including using the Site or Services in a manner or for a purpose that is unlawful or fraudulent;
    Using the Site or Services in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
    Using the Site or Services in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
    Conducting any systematic or automated data collection on or related to the Site or Services or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, "framing," or article "spinning";
    Using the Site or Services to collect, harvest, or compile information or data regarding other users of the Site or Services without their consent;
    Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or Services or to mine data from the Site or Services, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site or Services for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
    Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Site or Services to send spam, pyramid schemes, or chain letters;
    Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site or Services or otherwise commercially exploiting content, whether in whole or in part, on the Site or Services;
    Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site;
    Accessing the or Services Site in order to create a similar or competitive business, product, service, or website;
    Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site or Services in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
    Interfering with, disrupting, or overburdening servers or networks connected to the Site or Services;
    Gaining or attempting to gain unauthorized access by any means to any part of the Site or Services or to computers or networks connected to the Site or Services;
    Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user's normal use and enjoyment of the Site or Services.

6. International Use and Compliance

Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Site or Services complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Site or Services. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.

7. Minors

We do not knowingly collect personal information or data from visitors under 13 years of age. You may not use the Site or Services if you are under the age of 13 [thirteen] without the permission of a parent or legal guardian.

8. Enforcement of Acceptable Use Policy

We reserve the right to review and investigate your use of the Site or Services and to take any appropriate action against you that we determine is necessary in our sole discretion should you violate these Terms or otherwise create liability, loss, or damage for us, our Site visitors or Services users, or a third party. Such action may include, but is not limited to, initiating proceedings to recover any losses, and reporting you to law enforcement authorities.

9. Third-Party Resources

The Site or Services may contain links and advertisements to third-party websites and services (collectively, "Third-Party Resources"). You agree and acknowledge that Third-Party Resources are not under our control and we are not responsible for the content, products, or services they provide. We provide access to Third-Party Resources only as a convenience to you and do not monitor, endorse, warrant, or make any representations regarding Third-Party Resources. It is your sole responsibility to exercise appropriate caution and discretion when using Third-Party Resources, and you acknowledge that you assume all risks that arise from such use.

10. Modification of Site

We reserve the right to modify, add to, suspend, or terminate all or part of the Site or Services at any time with or without providing prior notice to you. This includes the right to create limits on our visitors' use of Services and data storage. You agree that we are not liable for using or enforcing the rights stated in this paragraph. Unless we indicate otherwise, any future modifications to the Site or Services are subject to these Terms.

11. Support or Maintenance

Although we may choose to provide customer support or Site and/or Services maintenance, you acknowledge and agree that we are under no obligation to do so.

12. Restricted Access

Some parts of the Site or Services may be restricted to certain visitors. If you have permission to access restricted parts of the Site or Services, you agree to not share your access information and password with third parties. We may change the restricted parts of the Site or Services from time to time. If you do not have access to restricted parts of the Site or Services, you agree not to use another user's account to gain such access or otherwise attempt to gain improper access to the restricted parts of the Site or Services.

13. Privacy

We manage the collection, use, and security of your personal information according to our Privacy Policy, incorporated herein by reference. By using this Site or Services you consent to our collection and use of your personal information as set forth in the Privacy Policy

At times we may need to send you communications related to the Site or Services. Such communications are considered part of the Services, and you may not be able to opt out of receiving them.

We reserve the right to access and disclose the information you submit to the Site or through the Services if required to do so by law or if we have a reasonable, good-faith belief that doing so is necessary for (i) responding to requests for customer service, (ii) addressing fraud, security, or technical issues, (iii) protecting the rights, property, and safety of CatchupCalendar, Inc., its users, and the public, (iv) responding to legal claims and processes, or (v) enforcing these Terms, including investigating potential violations.

14. CatchupCalendar, Inc. Rights and Ownership

Unless otherwise stated, CatchupCalendar, Inc. and its permitted licensors own all intellectual property rights in the Site and Services and its contents. These rights include, but are not limited to, ownership of all text, graphics, images, logos, copyrighted material, trademarks, patents, software, and other distinctive brand features displayed on the Site or Services, including the compilation of any of the foregoing items. Except for the limited rights granted by these Terms, neither these Terms nor your use or access to the Site give you or any third party any intellectual property rights. We reserve all rights not explicitly granted by these Terms, which do not grant any implied licenses. All copyrights, trademarks, and other intellectual property notices on the Site or Services must be retained on all copies thereof. You may not publish, reverse engineer, modify, distribute, transmit, sell, create derivative or plagiaristic works of, or use or exploit for any commercial reason, whether in whole or in part, any of the content on the Site or Services without our express prior written consent or the consent of any third-party owners of the content. Site content is not for resale under any circumstances.

15. Copyright Policy

    We expect you to respect the intellectual property rights of others when using the Site and Services. We will respond to any notices of copyright infringement that we receive that comply with applicable law and are properly submitted to us (pursuant to 17 U.S.C. 512(c)). In order to submit a notice of infringement of your copyrighted material, please provide us with the following information:
  1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Your contact information, including your address, telephone number, and an email address, if available;
  5. . A statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

We may remove any content that is alleged to be infringing at our sole discretion without prior notice and without liability to you. We also reserve the right to take other appropriate action against infringers, such as terminating the user's account if the user is determined to be a repeat infringer. Please send any notice of alleged copyright infringement to our designated copyright agent at the following address:

CatchupCalendar, Inc.
Attn: Copyright Agent
Email: contact@catchupcalendar.com

Note that pursuant to 17 U.S.C. 512(f), any material misrepresentation in a written notification that content is infringing or that allegedly infringing content was removed by mistake or misidentification automatically subjects the complaining party to liability for damages, including costs and attorney's fees incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by us, if injured by such misrepresentation.

16. Disclaimers

THIS SECTION ONLY APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SITE IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE CONTENT PROVIDED ON THE SITE OR THROUGH THE SERVICES. WE, OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. THIS INCLUDES, WITHOUT LIMITATION TO THE FOREGOING, NO WARRANTY THAT THE SITE, ITS CONTENT, OR THE SERVICES WILL BE CONSTANTLY AVAILABLE OR AVAILABLE AT ALL, UNINTERRUPTED, USEFUL, TRUE, ACCURATE, NON-MISLEADING, TIMELY, RELIABLE, COMPLETE, ERROR-FREE, FREE OF OMISSIONS, SECURE, FREE OF VIRUSES OR OTHER HARMFUL CODE, LEGAL, OR SAFE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK AND WE ASSUME NO RESPONSIBILITY FOR HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, THE DELETION OF INFORMATION YOU TRANSMIT ON THE SITE, OR THE DELETION OR FAILURE TO STORE OR TRANSMIT USER CONTENT OR PERSONALIZATION SETTINGS THAT MAY RESULT FROM YOUR ACCESS TO OR USE OF THE SITE AND SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION THAT MAY CAUSE DAMAGE TO YOUR COMPUTER OR INTERNET ACCESS.

THIS SITE AND ITS CONTENTS AND ANY INFORMATION PROVIDED THROUGH THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NOTHING ON THIS SITE CONSTITUTES, IS MEANT TO CONSTITUTE, OR MAY BE USED AS ADVICE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LEGAL, FINANCIAL (INCLUDING TRADING OR INVESTMENT PURPOSES), OR MEDICAL ADVICE. WE ENCOURAGE YOU TO CONSULT THE APPROPRIATE PROFESSIONAL SHOULD YOU REQUIRE LEGAL, FINANCIAL, MEDICAL, OR OTHER PROFESSIONAL ADVICE.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE OR THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CATCHUPCALENDAR, INC., INCLUDING ITS SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS, MAY NOT BE HELD LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (ii) THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES; (iii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iv) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; (v) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (vi) OTHER MATTERS RELATED TO THE SITE OR SERVICES. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POTENTIAL LOSS OR LIABILITY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT MAY OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR AFFILIATES, PARTNERS, SUPPLIERS, AGENTS, AND LICENSORS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR SERVICES. YOU FURTHER AGREE NOT TO BRING ANY CLAIM PERSONALLY AGAINST OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, PARTNERS, SUPPLIERS, OR LICENSORS.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STATUTE, OR OTHERWISE.

NOTE THAT SOME JURISDICTIONS PROHIBIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE THE LIMITATIONS AND EXCLUSION ABOVE MAY NOT APPLY TO YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnity

You agree to indemnify, defend, and hold harmless CatchupCalendar, Inc. and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney's fees, from any claim or disputes by a third party arising out of your use of the Site or Services, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.

19. Release

In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

20. Termination

We may suspend or terminate your access to the Site and/or Services at any time and for any reason or no reason at all, with or without notice, at our sole discretion. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.

21. Modification of These Terms

We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site and Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, through the Services, or other reasonable means.

22. Violations of These Terms

Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services.

23. Dispute Resolution

Unless both parties agree otherwise, you and CatchupCalendar, Inc. agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement.

You and CatchupCalendar, Inc. agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.

24. General Terms

  1. Entire Agreemen

    These Terms and our Privacy Policy represent the entire and exclusive agreement between you and CatchupCalendar, Inc. regarding your use of the Site and Services, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the Site or Services.

    In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.

  2. Waiver and Severability

    Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

    If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

  3. Assignment

    Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.

  4. Cumulative Rights

    The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.

  5. Law and Jurisdiction

    These terms shall be governed by, and will be construed under, the laws of Delaware, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the arbitration forum as noted in Section 23, or solely if such arbitration forum is prohibited by law from acting on such claim, dispute, or legal proceedings, the federal or state courts located in Delaware, and you hereby consent to, and waive any objection of inconvenient forum as to, such jurisdiction.

25. Electronic Communications

Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site, or through the Services. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hardcopy.

26. Feedback and Complaints

You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.

27. Contact Information

Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:

CatchupCalendar, Inc.
Email: contact@catchupcalendar.com

CATCHUP TERMS OF SALE

Updated May 2020

Welcome to CatchUp’s online Store. “Store” refers to our online venue that allows you to browse, view, acquire, purchase, and rate and review products and services including digital content, applications or services. These Terms of Sale (“Terms of Sale”) cover use of the CatchUp App and other CatchUp services that refer to these Terms of Sale (collectively “Store”). Through the Store, CatchUp provides access to a variety of resources, including download areas, software, and information about software and services wherever applicable (collectively "Services" and together with Store, “Store”). Some of the products, services and content offered in the Store are third-party products offered by entities other than CatchUp. By using the Store, or by purchasing products and services from the Store, you accept and agree to these Terms of Sale, CatchUp's Privacy Statement (see the Privacy and Protection of Personal Information section below), and applicable terms and conditions, policies or disclaimers found in the Store or referenced in these Terms of Sale (collectively the "Store Policies"). We encourage you to read the Store Policies carefully. YOU MAY NOT USE THE STORE OR SERVICES IF YOU DO NOT AGREE TO THE STORE POLICIES.

CatchUp may update or amend any policies without notice at any time.

TERMS RELATING TO YOUR USE OF THE STORE

1. Member Account. If the Store requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information required by the applicable registration form. You may also be required to accept a service agreement or separate terms of use as a condition of opening the account. Your use of the account to access the Store and content you have acquired from the Store is subject to all of the terms governing the CatchUp account. You are responsible for keeping your account information and password confidential and are responsible for all activity that occurs under your account.

2. No Unlawful or Prohibited Use. As a condition of your use of the Store and Services, you warrant to us that you will not use the Store for any purpose that is unlawful or prohibited by these Terms of Sale, the Store Policies, or any other terms that apply to your use of the Store. You may not use the Store in any manner that could damage, disable, overburden, or impair any CatchUp server, or the network(s) connected to any CatchUp server, or interfere with any other party's use and enjoyment of the Store. You may not attempt to gain unauthorized access to the Store, other accounts, computer systems or networks connected to any CatchUp server or to the Store, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Store. You may not use the Store in a way that infringes rights of third parties, including willfully harming a person or entity, including CatchUp. You may not commercially distribute, publish, license, or sell any products, information or services obtained from the Store.

3. Materials You Provide to CatchUp or Post in the Store. CatchUp does not claim ownership of the materials you provide to CatchUp (including feedback, ratings, reviews and suggestions) or post, upload, input or submit to the Store or associated CatchUp services for review by others (each a "Submission" and collectively "Submissions"). However, you grant CatchUp a royalty-free, perpetual, irrevocable, worldwide, non-exclusive and sublicensable right to use, modify, adapt, reproduce, create derivative works from, translate, edit, perform, distribute, and display your Submission, including your name, in any media. If you publish your Submission in areas of the Store where it is available broadly online without restrictions, your Submission may appear in demonstrations or materials that promote the Store and/or the products, services and content offered in the Store. You warrant and represent that you have (and will have) all of the rights necessary to make any Submission you provide and to grant these rights to CatchUp.

No compensation will be paid with respect to the use of your Submission. CatchUp is under no obligation to post or use any Submission and CatchUp may remove any Submission at any time in its sole discretion. CatchUp takes no responsibility and assumes no liability for your Submissions or the material others post, upload, input or submit using the Store.If you rate or review an application in a Store, you may receive email from CatchUp which contains content from the publisher of the application.

4. Links to Third-Party Websites. The Store may include links to third-party websites that let you leave the Store. These linked sites are not under the control of CatchUp and CatchUp is not responsible for the contents of any linked site or any link contained in a linked site. CatchUp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CatchUp of the site. Your use of the third-party website may be subject to that third party’s terms and conditions.

TERMS RELATING TO THE SALE OF PRODUCTS AND SERVICES TO YOU

5. Geographic Availability. Available products and services may vary depending on your region or device. In addition, there may be limits on where we can ship products as set forth in our shipping policies. To complete your purchase, you may be required to have a valid billing and shipping address within the country or region of the Store where you are purchasing.

6. End Users Only. You must be an end user to purchase products and services from the Store. Resellers are not eligible to purchase.

7. Export Limitations. Products and services purchased from the Store may be subject to customs and export control laws and regulations. You agree to comply with all applicable international and national laws and regulations.

8. Billing. By providing CatchUp with a payment method, you: (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (ii) authorize CatchUp to charge you for any products, services or available content purchased using your payment method; and (iii) authorize CatchUp to charge you for any paid feature of the Store that you choose to sign up for or use. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed in connection with your transactions. We may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscriptions. Also, we may charge you up to the amount you have approved, and we will notify you in advance and in accordance with the terms of your subscription of any change in the amount to be charged for recurring subscriptions. We may bill you at the same time for more than one of your prior billing periods for amounts that haven't previously been processed. See Automatic Renewal section below.If you are taking part in any trial-period offer, you must cancel the service by the end of the trial period to avoid incurring new charges unless we notify you otherwise. If you do not cancel the service at the end of the trial period, you authorize us to charge your payment method for the product or service.

9. Recurring Payments. When you purchase products, services or content on a subscription basis (e.g., weekly, monthly, every 3 months, or annually (as applicable), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to CatchUp by the method you have chosen at the recurring intervals chosen by you, until the subscription is terminated by you or by CatchUp or otherwise in accordance with its terms. By authorizing recurring payments, you are authorizing CatchUp to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, CatchUp or its service providers reserve the right to collect any applicable return item, rejection or other fees as permitted by applicable law.

10. Product Availability and Quantity and Order Limits. Product prices and availability are subject to change at any time and without notice. CatchUp may place a limit on the quantities that may be purchased per order, per account, per credit card, per person, or per household. If the products or services that you ordered are unavailable, we may contact you to offer you an alternative product. If you do not choose to purchase the alternative product, we will cancel your order.

CatchUp may refuse or reject any order at any time, refunding you any monies you have paid for the order, for reasons which include, but are not limited to, if you have not met the conditions specified at the time of the order, if your payment cannot be processed, if the ordered products or services are not available, or for pricing or other errors. In the event of pricing or other errors, we reserve the right, in our discretion, to either (a) cancel your order or purchase or (b) contact you for instructions. In the event of cancellation, your access to the associated content will be disabled.

We may disable access to content associated with your account for any reason. We may also remove or disable games, applications, content, or services on your device in order to protect the Store or potentially affected parties. Some content and applications may be unavailable from time to time or may be offered for a limited time. Availability can be affected by region. Thus, if you change your account or device to another region, you may not be able to re-download content or applications or re-stream certain content that you purchased; you may need to re-purchase content or applications that you paid for in your previous region. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any content or application you purchase.

11. Updates. If applicable, CatchUp will automatically check for and download updates to your applications, even if you’re not signed into the Store. You can change your settings if you prefer not to receive automatic updates to Store apps. However, certain Office Store apps that are entirely or partly hosted online may be updated at any time by the app developer and may not require your permission to update.

12. Software Licenses and Use Rights. Software and other digital content made available through the Store is licensed, not sold, to you. Applications downloaded directly from the Store are subject to the Standard Application License Terms (“SALT”), unless different license terms are provided with the application. You understand and acknowledge that your rights with respect to these digital goods are limited by these Terms of Sale, copyright law and the usage rules referenced above. Software licenses purchased at the CatchUp online Store are subject to the license agreement that accompanies the software, and you will be required to agree to the license agreement when you install the software. Any reproduction or redistribution of software or merchandise not in accordance with the relevant license terms, usage rules, and applicable law is expressly prohibited and may result in severe civil and criminal penalties. Violators risk prosecution to the maximum extent of the law.

In addition to software and other downloadable products, other products and services available for purchase or trial in the Store may also be offered to you subject to separate end user license agreements, terms of use, terms of service or other terms and conditions. If you purchase or use those products, you may be required to also accept those terms as a condition of purchase, installation, or use.

FOR YOUR CONVENIENCE, CATCHUP MAY MAKE AVAILABLE AS PART OF THE STORE OR SERVICES OR IN ITS SOFTWARE OR MERCHANDISE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD THAT ARE NOT PART OF THE PRODUCT OR SERVICES SOLD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, CATCHUP DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM ANY SUCH TOOLS OR UTILITIES.

Please respect the intellectual property rights of others when using the tools and utilities made available through the Store, or in software or merchandise.

13. Codes for Software and Content Downloads. Certain software and content are delivered to you by making a download link available in your CatchUp account associated with your purchase. For subscription products that are delivered by providing a download link, different terms and storage rights may apply, which you will be able to review and agree to at the time of your subscription.

You agree that we may cancel or modify our digital key storage program at any time. You also agree that we may stop supporting the storage of keys for one or more products at any time and for any reason, including, by way of example, at the end of the product support life cycle, after which you will no longer have access to the download link or application. Even if we cancel or modify our program such that you will no longer have access to the download link or application, we are not liable to provide advance notice to you using the contact information for the related CatchUp account.

14. Pricing. To the extent permitted by applicable law, CatchUp does not guarantee that a price, product or promotion offered online will not change. The Store does not have a price match guarantee. CatchUp may not match the price offered for the same product by CatchUp at a later point in time.

Unless stated otherwise, prices shown in the Store exclude taxes or charges (“Taxes”) that may apply to your purchase. Prices shown in the Store also exclude delivery costs. Taxes and delivery costs (as applicable) will be added to the amount of your purchase and shown on the check-out page. You are solely responsible for paying such Taxes and costs. Depending on your location, some transactions might require foreign currency conversion or be processed in another country. Your bank might charge you additional fees for those services when you use a credit or debit card. Please contact your bank for details.

15. Automatic Renewal Selection. Provided that automatic renewals are allowed in your country, region, province/territory, or state, you may choose for products or services to automatically renew at the end of a fixed service period. If you elected to automatically renew your product or service, we may automatically renew the product or service at the end of the current service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the product or service as described below. We will bill your chosen payment method for the renewal, whether it was on file on the renewal date or provided later. You may cancel the products or services prior to the renewal date. You must cancel before the renewal date to avoid being billed for the renewal.

16. Return Policy. We will accept returns for eligible products for 14 days from the date of purchase or download, as applicable. This Return Policy does not affect any statutory rights that may apply to your purchase.

Some items are not eligible for return; unless otherwise provided by law or by a particular product offer, all purchases of these types of products are final and non-refundable:

  • digital apps, in-app content and subscriptions and associated content;
  • products that have been personalized or customized;
  • special order products, if not part of a Store promotional offering;
  • services that have been performed or consumed

When you make a qualifying return, we will credit the full amount, less the original shipping and handling charges (if any), and you will typically receive your refund in approximately 3-5 business days. Any refunds will be applied to the same account, and using the same method of payment, used to place the order (unless you choose a Store credit in the amount of the refund).

If you live in Taiwan, please note that according to Taiwan’s Consumer Protection Act and its relevant regulations, all purchases pertaining to digital content provided via intangible form and/or on-line services are final and non-refundable when such content or service has been provided on line. You are not entitled to claim any cooling off period or any refund.

17. Payments to You. If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. To the extent permitted by applicable law, you must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce a payment to you without notice to adjust for any previous overpayment.

18. Customer Service. Please visit our Sales and Support (https://www.catchupcalendar.com/contactus) page for more information about customer service options.

GENERAL TERMS

20. Changing Terms. CatchUp may change the Terms of Sale at any time and without notice to you. The Terms of Sale in force at the time you place your order will govern your purchase and serve as the purchase contract between us. Before your next purchase, CatchUp may have changed the Terms of Sale without notice to you. Please review the Terms of Sale each time you visit the Store. We recommend that you save or print a copy of the Terms of Sale for future reference when you make a purchase.

21. Age Limitations. Age limits may apply to your use of the Store, including purchases.

22. Privacy and Protection of Personal Information. Your privacy is important to us. We use certain information that we collect from you to operate and provide the Store. Please read the CatchUp Privacy Statement as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how CatchUp uses your communications with others; postings or feedback submitted by you to CatchUp via the Store; and the files, photos, documents, audio, digital works, and videos that you upload, store or share on your devices or through the Store (“Your Content”). By using the Store, you expressly consent to CatchUp’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.

23. Product Display and Colors. CatchUp attempts to display product colors and images accurately but we cannot guarantee that the color you see on your device screen or monitor will exactly match the product’s color.

24. Errors in Store Presentation. We work hard to publish information accurately, update the Store regularly, and correct errors when discovered. However, any of the content in the Store may be incorrect or out of date at any given time. We reserve the right to make changes to the Store at any time, including to product prices, specifications, offers and availability.

25. Termination of Use or Access. CatchUp may terminate your account or use of the Store at any time for any reason, including, without limitation, if you are in breach of these Terms of Sale or the Store Policies, or if the Store is no longer operated by CatchUp. By using the Store, you agree to be responsible (in accordance with these terms) for any orders you make or charges you incur prior to such termination. CatchUp may change, discontinue, or otherwise suspend the Store at any time, for any reason, and without prior notice to you.

26. Warranties and Limitation of Remedies. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAW, CATCHUP AND ITS SUPPLIERS, DISTRIBUTORS, RESELLERS, AND CONTENT PROVIDERS MAKE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, OR CONDITIONS, INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, OR NON-INFRINGEMENT. PRODUCTS OR SERVICES SOLD OR AVAILABLE IN THE STORE ARE WARRANTED, IF AT ALL, ONLY UNDER ANY LICENSE AGREEMENTS OR MANUFACTURER’S WARRANTIES THAT ACCOMPANY THEM. EXCEPT AS PROVIDED UNDER AN ACCOMPANYING LICENSE AGREEMENT OR MANUFACTURER’S WARRANTY AND SUBJECT TO YOUR STATUTORY RIGHTS:

  • YOUR PURCHASE AND USE ARE AT YOUR OWN RISK;
  • WE PROVIDE PRODUCTS AND SERVICES “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE”;
  • YOU ASSUME THE RISK AS TO THEIR QUALITY AND PERFORMANCE; AND
  • YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING OR REPAIR.

CATCHUP DOESN'T GUARANTEE THE ACCURACY OR TIMELINESS OF INFORMATION AVAILABLE FROM THE STORE OR SERVICES. YOU ACKNOWLEDGE THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL DOWNTIME OCCURS. WE DO NOT WARRANT THAT ACCESS TO THE STORE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT CONTENT LOSS WON’T OCCUR.

IF, DESPITE THESE TERMS OF SALE, YOU HAVE ANY BASIS FOR RECOVERING DAMAGES ARISING OUT OF OR RELATING TO THE STORE, SERVICES, OR ANY PRODUCT OR SERVICE OFFERED, TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOUR EXCLUSIVE REMEDY IS TO RECOVER FROM CATCHUP OR ITS SUPPLIERS, RESELLERS, DISTRIBUTORS, AND CONTENT PROVIDERS DIRECT TOTAL DAMAGES UP TO (1) THE PRICE OR FEE FOR ONE MONTH OF ANY SERVICE, SUBSCRIPTION, OR SIMILAR FEE (NOT INCLUDING THE PURCHASE PRICE FOR HARDWARE, SOFTWARE, SUPPORT, OR EXTENDED WARRANTIES), OR (2) US $10.00 IF THERE WAS NO SERVICE, SUBSCRIPTION, OR SIMILAR FEE.

YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS CONTRACT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY APPLY.

For consumers living in New Zealand, you may have statutory rights under the New Zealand Consumer Guarantees Act, and nothing in these Terms of Sale is intended to affect those rights.

27. Limitation of Liability. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, YOU AGREE THAT YOU CAN'T RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, OR LOST PROFITS. The limitations and exclusions IN SECTIONS 26 AND 27 apply even if you incur damages and even if we knew or should have known about the possibility of the damages. SOME STATES OR PROVINCES/territories DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ALL CLAIMS, UNDER ANY LEGAL THEORY, RELATED TO THE STORE, THE SERVICES, THESE TERMS OF SALE, OR ANY PRODUCT OR SERVICE OFFERED, INCLUDING LOSS OF CONTENT, ANY VIRUS OR MALWARE AFFECTING YOUR USE OF THE STORE OR SERVICES OR ANY PRODUCT OR SERVICE ACQUIRED FROM THE STORE; AND DELAYS OR FAILURES IN STARTING OR COMPLETING TRANSMISSIONS OR TRANSACTIONS.

28. Interpreting These Terms. All parts of these Terms of Sale apply to the maximum extent permitted by the relevant law; you may have greater rights in your jurisdiction of residence (or, if a business, your principal place of business). If it is determined that we can’t enforce a part of these Terms of Sale as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms of Sale won’t change. These Terms of Sale are solely for your and our benefit; they aren’t for the benefit of any other person, except for CatchUp’s successors and assigns. Other terms may apply if you purchase products or services from other CatchUp websites.

29. Assignment. To the extent permitted by applicable law, we may assign, transfer or otherwise dispose of our rights and obligations under these Terms of Sale, in whole or in part, at any time without notice to you. You may not assign or transfer any rights under these Terms of Sale.

30. Notices and Communication. For customer support inquiries, please see the Sales and Support page in the Store. For disputes, follow the notice procedure in this section.

31. Governing Law. The validity and construction of this Agreement and all matters pertaining thereto are to be determined in accordance with the laws of the California, without reference to the conflicts of laws provisions thereof. Customer agrees that any proceedings related to this Agreement, including any suit filed against Catchup Calendar, shall be brought in the Courts of the Delaware, USA.

32. Notices. a. Notices and procedure for making claims of intellectual property infringement. CatchUp respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please contact us from the link athttps://www.catchupcalendar.com/contactus

b. Copyright and Trademark Notices.

All contents of the Store and Services are Copyright ©2020 CatchUp Calendar Inc. All rights reserved. We own the title, copyright, and other intellectual property rights in the Store, Services and content. CatchUp and the names, logos, and icons of all CatchUp products and services may be either trademarks or registered trademarks of CatchUp in the United States, Canada and/or other countries.

The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms of Sale are reserved.

33. Safety Warning. To avoid possible injury, discomfort or eye strain, you should take periodic breaks from use of application/software, especially if you feel any pain or fatigue resulting from usage. If you experience discomfort, take a break. Discomfort might include feelings of nausea, motion sickness, dizziness, disorientation, headache, fatigue, eye strain, or dry eyes. Using applications can distract you and obstruct your surroundings. Avoid trip hazards, stairs, low ceilings, fragile or valuable items that could be damaged. A very small percentage of people may experience seizures when exposed to certain visual images like flashing lights or patterns that may appear in applications. Even people with no history of seizures may have an undiagnosed condition that can cause these seizures. Symptoms may include lightheadedness, altered vision, twitching, jerking or shaking of limbs, disorientation, confusion, loss of consciousness, or convulsions. Immediately stop using and consult a doctor if you experience any of these symptoms, or consult a doctor before using the applications if you’ve ever suffered symptoms linked to seizures. Parents should monitor their children’s use of applications for signs of symptoms.

Privacy Policy

CatchupCalendar Inc. Privacy Policy

This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our services, including those offered through our websites, emails, and mobile and desktop applications (collectively, the “Service” or “Services”). The terms “we”, “us”, “our”, and “CatchUp” refer to CatchupCalendar Inc., a Delaware corporation with its headquarters in Milpitas, California. When you use any of the Services, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.

The Services are primarily operated for profit. This Privacy Policy applies to information we collect from you through the Services; in email, text, and other electronic correspondence; and through any mobile or desktop application through which we may communicate. This Privacy Policy does not apply to information we collect offline or that any third party collects from you after you follow links on or in the Services, including any advertising and affiliate links.

PLEASE READ THIS PRIVACY POLICY AND OUR TERMS OF USE CAREFULLY. THE TERMS STATED IN THIS PRIVACY POLICY CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND CATCHUPCALENDAR INC. BY USING ANY SERVICES, YOU UNCONDITIONALLY AGREE TO BE BOUND BY THE TERMS STATED IN THIS PRIVACY POLICY AND OUR TERMS OF USE, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS. WE RESERVE THE RIGHT TO PERIODICALLY MAKE UPDATES TO THIS PRIVACY POLICY AS OUR PRACTICES CHANGE. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES, SO PLEASE CHECK BACK PERIODICALLY FOR UPDATES.

1. INFORMATION WE COLLECT AND HOW WE USE IT

We may collect and store information about you in connection with your use of the Services, including any information you transmit to or through the Services. We use that information to permit you to access the Services, provide the Services’ functionality, fulfill your requests, improve the Services’ quality, engage in research and analysis relating to the Services, personalize your experience, track usage of the Services, process and respond to your feedback and suggestions, provide feedback to third party businesses that are or may become advertisers on the Services, display relevant advertising, market the Services, provide customer support, message you, back up our systems, allow for disaster recovery, administer the Services, diagnose technical or other issues regarding the Services, enhance the security of the Services, carry out our responsibilities and enforce any rights we have, including billing and collection rights, and comply with legal obligations. In addition, we may use that information for any use as we may indicate at the time you provide the information, and to fulfill any other purpose with your consent. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process. All information collected from the Services belongs to us, whether or not such information is personal information, information you volunteer, or information passively collected about you. As such, such information may be subject to transfer to a new owner in the event of our bankruptcy, sale, or liquidation. The Services may contain links to or from other websites or services. This Privacy Policy only applies to information collected by us through the Services, and we are not responsible for other websites’ or services’ privacy practices. Please be aware of when you exit our Services using such links. We encourage you to review the privacy practices of all other websites and services you reach through links appearing during your use of the Services.

Please also note:

Account Information: If you create a CatchUp account, we may collect, store, and use the information you provide during that process, such as your full name, phone number, technical information about your hardware and software, zip code, physical address, and other information you may provide with your account, such as your photo, gender, email address, and birth date. We may publicly display your name, as well as any photo or other content you submit through the registration process or as part of your account profile. You can modify some of the information associated with your account through your account settings. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal by contacting us at the contact provided in Section 8. Should you choose to email us, please include in the subject line or body of your email the phrase “Unauthorized Account”. We may request further information from you; including submission of a government-issued ID. If you submit a copy of your government-issued ID for account verification purposes, we delete that copy a reasonable period after closing the matter for which it was submitted.

Contacts: You can invite others to join by providing us with their contact information, or by allowing us to access your contacts from your computer, mobile device, or third-party sites to select which individuals you want to invite. If you allow us to access your contacts, we may use that information to process your invitations and support your and their use of the Services.

Communications: When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and us. You can manage some of your messaging preferences through your account settings, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from us. If you exchange messages with others through the Services, we may collect, store, and use them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Services, as well as our efforts to improve the Services. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or otherwise violate our Terms of Service. If you send or receive messages through the Services via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also collect, store, and use information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. We may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record. Our calls with you may be monitored and recorded for quality purposes.

Transactions: If you initiate a transaction through the Services, such as a purchase, we may collect, store, and use information about you, such as your name, phone number, address, email, and payment information (such as a credit card number and expiration date), as well as any other information you provide to us, in order to process your transaction, send communications about the seller to you, and populate forms for future transactions. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers, we encrypt that information using industry standard technology.

Activity: We may collect, store, and use information about your use of the Services, such as your search activity, the pages you view, the date and time of your visit, businesses you contact using our Services and purchases you make through the Services, your personal interests, online interactions, requests for Services, communications with us and third parties, advertisement interactions, and any other activities when using the Services. We also may collect, store, and use information that your computer or mobile device may provide to us in connection with your use of the Services, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. We may also collect, store, and use your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Services. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the “Location Services” settings for our applications in iOS privacy settings. We do not track visitors’ activities over time or across third-party websites and therefore do not respond to Do Not Track (DNT) signals. However, many third-party websites track your browsing activities in order to tailor advertisements and other content to your interests. If you do not wish to be tracked in this manner, then you should configure your browser or device settings appropriately.

Different Devices: You may access the Services through different devices (e.g., your mobile phone or desktop computer) and different platforms (e.g., the CatchUp website or the CatchUp mobile app). The information that we collect, store, and use through those different uses may be cross-referenced and combined, and your contributions through one platform will typically be similarly visible and accessible through all other of our platforms.

2. COOKIES

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology (“Cookies”) in connection with your use of the Services, third-party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, on our web pages, and on our servers. Cookies may transmit information about you and your use of the Services, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session. In the event that our business partners, affiliates, or advertisers use cookies, we will not have access to or control over such cookies.

The purposes for which we use Cookies in the Services include: to make the Services work in the way you expect; to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements; to remember information about how you prefer the Services to behave and look; to allow or prevent notices of information or options that we think could improve your use of the Services; to make advertising more relevant to users and more valuable to advertisers; to help us understand how visitors use the Services.

You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Services. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. Please note that changing any of these settings does not prevent the display of certain advertisements to you.

3. THIRD PARTIES

Third parties may receive information about you as follows:

Advertisers: We may allow third parties to use Cookies through the Services to collect the same type of information for the same purposes as we do. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt out of some of their practices. Please note that opting out does not prevent the display of all advertisements to you. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address) to facilitate the display of targeted advertising. You may be able to limit our sharing of some of this information through your mobile device settings, as described in Section 2 above, or through the Services’ settings.

Business Partners: We may share information that we collect with our employees, contractors, business partners, suppliers, vendors, and other third parties that support us, which may include sending you emails or SMS messages on our behalf; analyzing your activities and interactions with the Services in order to make improvements to the Services, and experiences of our visitors; and providing support to the Services, our operations, or fulfilling your requests. These third parties may only use your information in order to provide such support and are contractually required to maintain the confidentiality of your information. For example, we may share your information with credit card processing companies in order to bill visitors for goods or services. If you choose to participate in any promotions or similar events through the Services, the rules or terms and conditions for such events may change the way we share your information with third parties. Please review the applicable rules or terms and conditions for all such events in which you participate.

Service Providers: We may rely on third-party providers to support or provide some of the services that are available through the Services, such as navigation. We may also rely on third party providers to perform certain services for us in connection with your use of the Services, such as communications and hosting services, network security, technical and customer support, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Services, and other functions. We may share information from or about you with these third-party providers so that they can perform their services or complete your requests. These third-party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third-party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our Services utilize framing techniques to serve content to you from our third-party providers, while preserving the look and feel of the Services. In such cases, please note that the information you provide is being provided to the third party.

Aggregate or Anonymous Information: We may share user information in the aggregate with third parties, such as actual and potential advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements. We may also disclose anonymized information about your use of the Services, for example if you engage in a transaction in connection with Services, we may publicly disclose information about the transaction without providing identifying information about you or otherwise disclosing your participation in the transaction.

Business Transfers: We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, as may now exist or as may exist in the future, in which case we will require them to honor this Privacy Policy. We may share information from or about you with a buyer, successor, or other third party due to a merger, restructuring, reorganization, or other transfer or disposition of CatchupCalendar Inc. or our operations, including, but not limited to, in the event of a sale, bankruptcy, dissolution, or similar proceeding. If another company acquires CatchUp, or all or substantially all of our assets, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy, unless we provide you with prior notification that your information will become subject to a different privacy policy.

Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, administrative or judicial proceeding (including arbitration), government regulatory compliance, or other legal process or law enforcement requests served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; or (c) is helpful to defend, pursue, or participate in legal actions or proceedings or exercise a legal right; to take precautions against actual or potential liabilities; to investigate or respond to potential or suspected illegal activities, fraud, or threats to the Services, its users, or the property or physical safety of any person; to enforce or investigate violations of our rules or terms of use; or as otherwise permitted or required by law.

Links: The Services may link to third party services, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on or applicable to all such third party services.

Third Party Users: If you use the Services to communicate with other users of, or people you invite to use, the Services, we may share your information to such third-party users in order to facilitate your use of the Services with them.

Third Party Services:If you sign up for, or log into, CatchUp using a third party service like Facebook or Google, or link your CatchUp account to your account with a third party service like Facebook or Twitter, we may receive information about you from such third party service. If you post content to a third party service through the Services, that third party service will also receive that content, which will be visible to anyone that has access to it through that third party service.

Other Third Parties: In addition, we may use share information with any third party as we may indicate at the time you provide the information, and to fulfill any other purpose with your consent, or parental consent if the user is a minor. 

4. CONTROLLING YOUR PERSONAL DATA

Other users may be able to identify you, or associate you with your account. CatchUp users can also use features of the Services that may connect them to other users whom they do not know. You can adjust the settings for this feature in your account settings, such as disallowing forwarding of invitations and blocking users. Please also note that the messages you send or receive using the Services are only private to the extent that both you and the person you are communicating with keep them private. For example, if you send a message or invitation to another user, that user may choose to publicly post it. Also, we may access and disclose such messages in the course of investigations relating to use of the Services.

You are responsible for keeping any information you provide on the Site current. Please contact us as provided in Section 8 to request access to view, correct, or delete information you have provided to us. Should you choose to email us, please include in the subject line or body of your email the phrase “Privacy Access Review”. We will make reasonable efforts to comply with your requests, if possible. If you provided information in connection with a specific aspect of the Services we provide, you may have to update or delete that information by returning to that Services page. Any requests to delete your information are subject to our internal reporting and retention policies as well as any legal obligations that we may have.

If you wish to opt out of any specific communications or privacy practices, contact us as provided in Section 8, explaining the specific communications or privacy practices you want to opt out of. Should you choose to email us, please include in the subject line or body of your email the phrase “Privacy Opt Out”. You may also opt out by clicking “unsubscribe,” or a similar button, at the bottom of any emails we may send you and then following the online instructions. However, please note that it may not be possible to opt out of certain emails (for example, confirmation emails related to services you have requested), and we may not agree to your request, in which case, you may either continue to use the Services under the specific communications or privacy practices you want to opt out of, or discontinue your use of the Services and close your account.

5. ACCOUNT TERMINATION; DATA RETENTION; NOTICES

You can close your account at any time and cease using the Services.

We may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law.

We reserve the right to determine the most appropriate means of providing you with any notice required or advisable, in our sole discretion, under the terms of this Privacy Policy or as required by law. We may choose to provide notification by email, physical written notice, posting on the website or mobile application, or through other means.

6. CHILDREN

The Services are intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you are under 13 years of age, do not use the Services or provide any personal information to us. We take steps to remove such information and terminate the child’s account. If you become aware that a child has provided us with personal information without parental consent, please contact us as provided in Section 8. Should you choose to email us, please include in the subject line or body of your email the phrase “Child Privacy”.

7. SECURITY

We use various safeguards to protect the personal information submitted to us, both during transmission and once we receive it. These security measures seek to protect your information both online and offline from disclosure, alteration, or unauthorized use. However, please keep in mind that no transmission of data over the internet or via a mobile device, or method of electronic storage, is guaranteed to be completely secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Third parties may be able to access private communications illegally; for instance, through the use of hacking, malware, and viruses. As such, all information you transmit to us or in using any of the Services is at your own risk. The information you submit to us is encrypted using Secure Sockets Layer (SSL) data encryption technology and is transmitted in a way we expect to be secure. You may verify this by locating “https” at the beginning of the address of the webpage or an icon of a closed lock in your browser. The computers and servers we use are also kept in a secure environment behind firewalls. We limit access to your information as set forth in this Privacy Policy. We are not responsible for instances where third parties circumvent our security measures without authorization, illegally or otherwise. We will promptly notify you in the event that your information becomes compromised if and as required by applicable law.

8. CONTACT US

You may contact us concerning our Privacy Policy, online or by writing to us at the following:

CatchupCalendar Inc.
Email: contact@catchupcalendar.com

9. MODIFICATIONS TO THIS PRIVACY POLICY

We may update this Privacy Policy at any time. We will post any changes in our privacy practices on this page with the date of the most recent revision indicated next to “Last updated” near the top of the page. If we make significant changes to the way we manage our users’ information, we will notify you by posting a notice on our website or through our desktop or mobile applications. It is your responsibility to ensure we have your current contact information and to periodically check this page and our desktop or mobile applications for any updates. By continuing to access or use the Services after those changes become effective, you acknowledge and accept the revised Privacy Policy.

10. CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you first agree to such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8. Pursuant to California Civil Code Section 1798.83, California residents who use our Services may request certain information regarding any disclosure of personal information to third parties for their direct marketing purposes. To make this request, use the contact information provided above in Section 8. Should you choose to email us, please include in the subject line or body of your email the phrase “California Customer Choice Privacy Notice” and specify the personal information you do not wish to be shared with third parties for their direct marketing purposes. Please allow up to thirty (30) days for a response.

11. INTERNATIONAL MATTERS

We share information globally, both internally within the company, and externally with our partners and with those you connect and share with around the world in accordance with this policy. Your information may, for example, be transferred or transmitted to, or stored and processed in the United States or other countries outside of where you live for the purposes as described in this policy. These data transfers are necessary to provide the Services and to globally operate and provide our Services to you. We utilize standard contract clauses, rely on the European Commission’s adequacy decisions about certain countries, as applicable, and obtain your consent for these data transfers to the United States and other countries, including your consent through use of the Services.