Terms of Use

Last Revised: May 19, 2018


These terms of use ("Terms") constitute a binding agreement between you and Backyard Apps, LLC, (“Squirrelit”), a Kansas limited liability company.  As used in these Terms, the words "you" and "your" refer to you, the user of Squirrelit’s website, device, or applications. The words "we", "us", "our”, “Squirrelit” and any other variation thereof refer to Backyard Apps, LLC and includes our directors, officers, employees, contractors, owners, agents, licensors, or licensees when the context indicates it should. As used in these Terms, "Site" and “Service” includes all websites and all devices or applications that we operate that link to these Terms, pages within each such website, device, or application, any equivalent, mirror, replacement, substitute or backup website, device, or application, and pages that are associated with each such website, device, or application. By loading, installing, accessing or using the Site or Services, you agree to these Terms.

Privacy and your Personal Information
Please read Squirrelit’s Privacy Statement (“Statement”) https://squirrelitapp.com/privacy-policy, which is incorporated into these Terms of Use. The Statement explains how Squirrelit treats your personal information when you use the Site and Services. The Statement may be updated from time to time. Changes will be effective upon posting to the Site.

Description of the Services
Squirrelit is a mobile rewards platform designed to help restaurants acquire and retain customers. With no cards to carry or multiple applications to open, Squirrelit is a single platform for consumers to earn rewards and share rewards with friends from everyday purchases.

Content
Our Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
Squirrelit has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through the Service is the property of Squirrelit or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts
When you create an account with us, you guarantee that you are above the age of 12, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including, but not limited to, the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account at squirrelit.customerservice@gmail.com.

You may not use as a username the name of another person or entity or that is not lawfully available for use, or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content in our sole discretion.

Online and Mobile Alerts
Squirrelit may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your registration information.

Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Squirrelit may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Squirrelit may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Squirrelit shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. Because alerts are not encrypted, we will never include your passcode. However, alerts may include your username and some information about your accounts.

Intellectual Property
The Service and its original content (excluding Content provided by users), features and functionality, including its ”look and feel” are and will remain the exclusive property of Squirrelit and its licensors. The Service is protected by intellectual property laws of the United States and foreign countries when applicable. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Backyard Apps LLC.

Links To Other Websites
Our Service may contain links to third party websites or services that are not owned or controlled by Squirrelit, and we have no control over and assume no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Squirrelit shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any third party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.

Access and Interference
You agree that you will not:
• Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of the Services, without Squirrelit’s express written consent, which may be withheld in Squirrelit’s sole discretion;
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the services, other than the search engines and search agents available through the Services and other than generally available commercially available web browsers;
• Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services; 
or
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services.

Social Media Sites
Squirrelit may provide experiences on social media platforms such as Facebook®, Twitter® and Instagram® that enable online sharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any personal information that you make available to other participants on these social platforms, is subject to the terms of use and privacy policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.

Safety While Using the Services

You agree that YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ACCESS, VIEW, OR USE THE SITE, APP OR SERVICES WHILE DRIVING OR OPERATING A VEHICLE OF ANY KIND (including, without limitation, a car, truck, or motorcycle); and you will not use or access Squirrelit in any manner that places yourself or any other person at risk of injury; and you will abide by all traffic laws and workplace safety regulations while using or accessing Squirrelit.

You understand that viewing or using Squirrelit contrary to this section is extremely dangerous and can result in property damage, physical injuries (including dismemberment) or death.

Ending your Relationship with Squirrelit
The agreement created by these Terms will continue to apply until terminated by either you or Squirrelit as set out below. 

If you want to terminate your agreement with Squirrelit, you may do so by closing your Squirrelit account as follows:
• Login to your Squirrelit account using the Squirrelit app
• From the home screen, go to your Account settings screen by tapping on icon in the top right corner
• Scroll to the bottom of the screen Tap on “Delete account” and follow the on-screen instructions to delete your account

Important: Once you delete your account, all rewards associated with that account will be removed and can not be retrieved so please be careful.  Your account will be closed and your ability to login deactivated immediately.

Squirrelit may at any time terminate its agreement with you and your access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of these Terms);
b. if Squirrelit in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
c. for any reason and at any time with notice to you.

You acknowledge and agree that Squirrelit may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. 

Further, you agree that Squirrelit shall not be liable to you or any third party for any termination of your access to the Services.

Indemnification
You agree to defend, indemnify and hold harmless Squirrelit, its licensees and licensors and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability
In no event will Squirrelit, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any Content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Backyard Apps, LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law
These Terms shall be governed and construed in accordance with the laws of Kansas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 10 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Rewards Relationships Between Squirrelit Users

If you receive rewards or discounts (“Grant”) from any participating restaurant (“Granting Restaurant”) via Squirrelit, the following additional terms apply:

Acknowledgement: You acknowledge that the Grant is made by the Granting Restaurant only, and not by Squirrelit, and the Granting Restaurant, not Squirrelit, is solely responsible for the decision whether to honor the Grant.

Support: The Granting Restaurant and not Squirrelit is solely responsible for providing any services related to the Grant.  You acknowledge that Squirrelit has no obligation whatsoever to furnish any services with respect to the Grant.

Warranty: The Granting Restaurant is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed, related to the Grant or products or services offered by the Granting Restaurant.  

Product Claims: The Granting Restaurant, not Squirrelit, is responsible for addressing any user or third party claims relating to the Grant or the user’s redemption and/or use of the Grant, including, but not limited to: (i) product liability claims; and (ii) claims arising under consumer protection or similar legislation.

Contact Us
If you have any questions about these terms, please contact us at sales@squirrelitapp.com.