Rollclip

End User License Agreement

This End User License Agreement ("Agreement") is a legal agreement between you ("User" or "you") and Roll Clip LLC, a Virginia limited liability company ("Company," "we," or "us"), governing your use of the Rollclip mobile licensed application (the "App"). By downloading, installing, or using the App, you agree to be bound by this Agreement. If you do not agree, do not use the App.

1. Acknowledgments Regarding Apple

This Agreement is between you and Company only, and not with Apple Inc. ("Apple"). Company, not Apple, is solely responsible for the App and its content. Apple is a third-party beneficiary of this Agreement and may enforce it against you. Apple may impose separate terms through the Apple App Store.

Apple is not responsible for maintenance or support services for the App, and Apple is not responsible for claims by you or third parties relating to the App, including product liability, regulatory compliance, consumer protection, privacy, or similar claims.

2. UN Convention on International Sale of Goods Excluded

The United Nations Convention on the International Sale of Goods does not apply to this Agreement.

3. End User License to Use App

Subject to your compliance with this Agreement, Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices you own or control, in accordance with Apple's App Store rules. All rights not expressly granted are reserved by Company.

4. End User License Restrictions (Use of App)

You agree not to, and not to enable others to:

  • Copy, modify, distribute, sell, lease, sublicense, or reverse engineer the App.
  • Circumvent security, access controls, or technical protections.
  • Use the App for unlawful, infringing, or abusive purposes.
  • Interfere with the App's operation or backend systems.

5. Ownership and Intellectual Property

The App, including software, code, design, text, graphics, and trademarks, is owned by and fully licensed by its parent entity to Company and protected by U.S. and international intellectual property laws. This Agreement does not transfer ownership of the App or any intellectual property to you.

6. User Content

You retain ownership of any images, videos, or other content that you upload ("User Content"). By uploading User Content, you grant Company a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify, process, transmit, and display such content solely to operate, maintain, and improve the App, subject to the section "Your License to the Company."

You represent that you have all rights necessary to upload User Content and that it does not violate third-party rights or laws.

7. Privacy

Your use of the App is subject to our Privacy Policy and Community Guidelines, available at /privacy and /guidelines.

8. Updates and Modifications

Company may modify, update, suspend, or discontinue the App or features at any time without notice and has no obligation to provide ongoing support or maintenance.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

NO ORAL OR WRITTEN INFORMATION OR ADVICE CREATES A WARRANTY. YOU ASSUME THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE EXTENT NOT PROHIBITED BY LAW, COMPANY (AND ITS PARENT ENTITY) SHALL NOT BE LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY, TREBLE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL LOSSES ARISING FROM USE OF OR INABILITY TO USE THE APP.

IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY EXCEED TWENTY-FIVE DOLLARS ($25.00), EXCEPT AS REQUIRED BY LAW IN CASES INVOLVING PERSONAL PHYSICAL INJURY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THEY MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify and hold harmless Roll Clip LLC, its parent entity, and their members, managers, employees, representatives, agents, partners, and clients from claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the App or violation of this Agreement. This survives termination.

12. Your License to the Company

By downloading and using the App, you grant Company a worldwide license for your User Content, including rights to store, use, forward, repost, redistribute, reproduce, and commercially use posted content in the App, websites, and social media.

12.1 Content Licensing Terms

You grant Company, its parent entity, affiliates, successors, and service providers a worldwide, royalty-free, paid-in-full right and license (for up to the five-year term below) to use, retain, store, publish, and commercially use User Content in connection with operation, development, and promotion of Rollclip-branded products and services.

Content may be used as submitted or edited/cropped/enhanced/otherwise modified. You will not be entitled to compensation for use of User Content under this Agreement.

12.2 License Limitations

The license is non-exclusive. You may also use your content and allow others to use it. These terms apply only to User Content uploaded through the App and apply for the five-year term below unless you subscribe for a longer/continuous term.

12.3 Term of License

Your license to Company lasts five (5) years from your first upload of User Content using the App. After expiration, Company will refrain from further use. Company's sole obligation and your sole remedy for issues with use of your content is removal from Company accounts, websites, or online platforms.

12.4 Your Warranties as Creator of User Content

  • You are the sole creator of the User Content in question.
  • You own or control all rights necessary to grant this license, including any required rights to depict people, animals, or places.
  • You have paid and will pay all required fees related to public/commercial use.
  • For minors depicted where you are a parent/legal guardian, you have all necessary consents, including additional parent/guardian consents where required.
  • You have reached the age of majority in your jurisdiction and can enter binding contracts.

12.5 Indemnification

You agree to defend, indemnify, and hold harmless the indemnified parties from all claims, liabilities, losses, damages, obligations, costs, and expenses (including reasonable attorneys' fees), direct or indirect, related to your User Content, Company's licensed use of it, or your breach of this Agreement.

12.6 Copyright and Intellectual Property Policy

If you believe your intellectual property rights are infringed by a user of our App or websites, or if your content was removed due to suspected infringement and you want to dispute it, contact us through our customer service portal.

13. Governing Law

This Agreement is governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles.

14. Alternative Dispute Resolution (ADR)

Before arbitration, parties agree to good-faith in-person mediation in Fairfax County, Virginia, before a single mediator, with mediation and administrative fees split equally.

If mediation fails, disputes are resolved by binding arbitration administered by the American Arbitration Association (AAA) in Fairfax County, Virginia, subject to the Federal Arbitration Act (FAA), 9 U.S.C. ยงยง 1-16. Claims must be brought only on an individual basis; class and collective proceedings are not permitted.

15. Injunctive Relief

Injunctive relief sought by Company (or its parent entity) for actual or threatened violations is not subject to ADR. You consent to such relief without bond.

As a condition of using the App, injunctive or equitable relief against Company (or its parent entity) is excluded, and your sole remedy is monetary damages subject to this Agreement's limitations.

16. No Jury Trial - Mutual Waiver

YOU AND COMPANY WAIVE ANY RIGHT TO A JURY TRIAL AS TO ANY CLAIM OR DEFENSE OF ANY KIND.

17. Termination

Company may terminate this Agreement at any time for any or no reason. Upon termination, you must stop using the App and delete all copies.

18. Export Compliance

You may not use or export/re-export the App except as authorized by U.S. law and the laws of the jurisdiction where obtained, including restrictions regarding embargoed countries and sanctioned parties.

You represent you are not located in prohibited countries or listed on restricted lists, and you will not use the App for prohibited purposes, including development, design, manufacture, or production of nuclear, missile, or chemical/biological weapons.

19. Headings; No Adverse Presumptions; Assignment

Headings are for convenience only and do not affect legal rights or obligations. No adverse presumption applies against the drafting party. Company may assign rights under this Agreement at any time, including merger or sale events. Your app license is personal and non-assignable.

20. Entire Agreement

This Agreement is the entire agreement between you and Company regarding the App and supersedes prior agreements.

21. Contact Information

Roll Clip LLC
support@rollclip.com