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This End User License Agreement ("EULA") is a legal agreement between you ("you" or "User") and Rainy Day LLC ("Rainy Day," "we," "us," or "our"), a [YOUR STATE] limited liability company, for the use of the Rainy Day mobile application (the "Licensed Application").
By downloading, installing, or using the Licensed Application, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not download, install, or use the Licensed Application.
Rainy Day grants you a limited, non-exclusive, non-transferable, revocable license to use the Licensed Application on any Apple-branded device that you own or control, subject to the Usage Rules set forth in the Apple Media Services Terms and Conditions. This license does not allow you to use the Licensed Application on any device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time.
You may not:
The Licensed Application, including all content, features, functionality, design, code, graphics, logos, and trademarks, is owned by Rainy Day LLC and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. This EULA does not grant you any rights to Rainy Day's trademarks, logos, or brand features.
The Licensed Application integrates with third-party services, including but not limited to:
Your use of these third-party services is subject to their respective terms and privacy policies. Rainy Day is not responsible for the content, privacy policies, or practices of any third-party services.
The Licensed Application facilitates community-based fund pooling and disbursement through third-party payment processors. Rainy Day is not a bank, money transmitter, financial advisor, or financial institution. All payment processing is performed by Dwolla, Inc. and its banking partners. Funds are held in custodial accounts at FDIC-insured banking institutions partnered with Dwolla, not by Rainy Day.
Use of the financial features of the Licensed Application involves risk, including the potential loss of contributed funds. See our full Terms of Service for detailed disclosures regarding assumption of risk, community governance, and liability limitations.
The Licensed Application allows you to submit content, including messages, proposals, event details, and profile information. You retain ownership of content you create. By submitting content through the Licensed Application, you grant Rainy Day a non-exclusive, royalty-free, worldwide license to use, display, and store such content solely for the purpose of providing the Services.
You are solely responsible for the content you submit. Content that is illegal, fraudulent, defamatory, obscene, threatening, or that violates the rights of others may be removed, and your account may be suspended or terminated.
Your privacy is important to us. Please review our Privacy and Security Policy for information about how we collect, use, and share your personal information. By using the Licensed Application, you consent to the collection and use of your information as described in our Privacy and Security Policy.
THE LICENSED APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RAINY DAY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.
RAINY DAY DOES NOT WARRANT THAT THE LICENSED APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. RAINY DAY DOES NOT WARRANT THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RAINY DAY LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, CONTRIBUTED FUNDS, OR OTHER INTANGIBLE LOSSES, ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE LICENSED APPLICATION.
RAINY DAY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE LICENSED APPLICATION SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT OF PLATFORM FEES YOU HAVE PAID TO RAINY DAY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
You agree to indemnify, defend, and hold harmless Rainy Day LLC, its members, managers, officers, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your use of the Licensed Application, your violation of this EULA, or your violation of any applicable law.
This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. Upon termination, you must cease all use of the Licensed Application and delete all copies from your devices.
Rainy Day may also terminate this EULA at any time by disabling your access to the Licensed Application, with or without notice, for any reason.
This EULA is entered into between you and Rainy Day LLC, not with Apple Inc. ("Apple"). Apple is not responsible for the Licensed Application or its content.
Rainy Day is solely responsible for providing maintenance and support for the Licensed Application. Apple has no obligation to provide any maintenance or support services with respect to the Licensed Application.
In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Licensed Application. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Licensed Application.
Rainy Day, not Apple, is responsible for addressing any claims relating to the Licensed Application, including but not limited to: (a) product liability claims; (b) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Licensed Application or your use of the Licensed Application infringes a third party's intellectual property rights, Rainy Day, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
You represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
Apple and its subsidiaries are third-party beneficiaries of this EULA. Upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.
If you have questions or complaints regarding the Licensed Application, please contact:
Rainy Day LLC
Email: support@joinrainyday.com
Website: https://joinrainyday.com
This EULA shall be governed by and construed in accordance with the laws of the State of [YOUR STATE], without regard to conflict of law principles.
If any provision of this EULA is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
This EULA, together with our Terms of Service and Privacy and Security Policy, constitutes the entire agreement between you and Rainy Day LLC with respect to the Licensed Application and supersedes all prior or contemporaneous agreements, communications, and proposals, whether oral or written.
Rainy Day LLC
Email: support@joinrainyday.com
Website: https://joinrainyday.com
Legal inquiries: legal@joinrainyday.com