Terms of service

Terms of Service

Last updated July 2021

 

These Terms of Service ("Terms") apply to your access and use of the mobile application (the "App"), website (https://www.gesso.app/), and other online products and services (collectively, the "Service") of Gesso, Inc. ("Gesso" "we," "us" or "our").

 

Accepting These Terms

BY DOWNLOADING THE APP, ACCESSING OR USING THE SERVICE, OR BY OTHER MEANS OF LEGAL ACCEPTANCE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.

 

Changes to these Terms

We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

 

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted (or other method of legal acceptance), then you will be deemed to have accepted the changes to these Terms.  Please refer to the “Last Updated” date written above to see when these Terms were last updated.

 

Incorporated Terms

For information about how we collect, use and share information about users of the Service, please see our Privacy Policy, available here https://www.gesso.app/privacy, the terms of which are incorporated into these Terms as if fully set forth herein.  Also incorporated herein are our Copyright Policy and Complaint Policy (including Trademark and Privacy).

 

Important Notices

These Terms, and our Privacy Policy, are subject to the provisions of the European Union General Data Protection Regulation (“EU GDPR”), the United Kingdom General Data Protection Regulation (“UK GDPR, together with the EU GDPR, the “GDPR”), and other applicable privacy laws.  Gesso agrees that under the GDPR, we are a data “Controller”, and that you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data”, and we will take commercially reasonable steps to maintain compliance with the GDPR requirements.

 

While we make reasonable efforts to provide the Service as generally available, we do not represent or warrant that access to the Service will be error-free or uninterrupted, or without defect, and we do not guarantee that you will be able to access or use the Service, or its features, at all times.

 

The Service, and any Content (defined below) posted therein, are for information purposes only.

 

The Service may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.

 

Description of the Service 

The Service allows creators and museums (collectively, “Creators”) to upload and share location-based content to the App, which other users (“Patrons”) may access and listen to our location based audio experiences through our App, which can be downloaded from either the Apple App Store or the Google Play Store (each, an “App Store”).  The Service may also allow the creators of such audio experiences to solicit donations on behalf of certain locations described within the audio experiences.  Patrons may be able to make a donations through the App, or by following the directions, and/or a link, within the App to a third-party website.

 

You are responsible for your use of the App. Gesso is not responsible for any of the equipment that you may use to access the App (including any earphones, headphones, earplugs, or any other listening device, or any mobile device or any other device used to access the Service). Also, Gesso is not responsible for anything you may encounter while using the App (including, but not limited to, physical hazards, traffic, and other people). Accordingly, you must exercise due care when using the App -- Always be fully aware of your surroundings at all times while using our App.

 

Creating Accounts 

To use the App, you must register and create an account.  When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Gesso reserves the right to deny any account at our discretion.

 

Right to Use the Service 

On the condition that you fully comply with these Terms, and all incorporated documents, Gesso grants you a limited, nonexclusive, non-transferable, non-sublicensable, and revocable license to access, receive, and use the Service for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Gesso that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

 

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service, or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

 

Fees and Payment Terms 

Certain tours may be available for purchase either on a subscription basis or one at a time. Where applicable, payment for a Gesso tour is due upon purchase of a Gesso tour. Alternatively, if you select a subscription, payment is due at the beginning of each subscription term. Gesso, at its sole discretion, may modify its pricing during any subscription term and such pricing changes will be effective as of the directly subsequent subscription term. All payments, including donations made through the App, must be made in U.S. Dollars and by credit/debit card via an authorized Gesso payment processor. You hereby authorize Gesso (or its authorized payment processor) to charge the credit/debit card number provided to Gesso, and you represent and warrant that you are authorized to use and have fees charged to the credit/debit card number provided to Gesso. You may withdraw such authorization by utilizing the cancellation mechanism provided via the Service, or by emailing us at hello@gesso.app.

 

Conduct 

You represent and warrant: 

  • that the information that you have, or the entity that you represent has, provided on the Service is complete, accurate and true, and agree to update it as necessary;

  • you are, or the entity you represent is, licensed and qualified to post, upload, communicate with us about, and make decisions based upon, the materials or information that you make available, or that is otherwise available on, the Service, as required by applicable law, regulation and best industry standards;

  • you are, or the entity you represent is, not a competitor of ours.

 

You may not do any of the following in connection with the Service:

  • Violate applicable law or regulation in connection with your use of the Service or any Content (as defined below) contained therein;

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;

  • Use the Services for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that unlawful or that violates these Terms; or

  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, its users, or third parties.

 

You agree not to distribute, upload, make available or otherwise publish through the Service any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submission”) or any graphics, text, information, data, designs, instructions and/or schematics, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags, or similar materials (collectively “Content”) that:

  • is unlawful or unethical, or that encourages another to engage in anything unlawful or unethical;

  • is false, misleading, or fraudulent;

  • contains a virus or any other similar programs or software which may damage the operation of our or another’s computer(s);

  • violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, right of privacy or publicity or other intellectual property right of any party; or is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening or bullying.

 

You further agree that you will not do any of the following:

  • transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;

  • attempt to probe, scan or test the vulnerability of a system, a network, or the Service or to breach security or authentication measures without proper authorization; 

  • take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; 

  • harvest or collect the email address, contact information, or any other personal information of other users of the Service; 

  • use any means to crawl, scrape or collect content from the Service via automated or large group means;

  • submit, post or make available false, incomplete or misleading information to the Service, or otherwise provide such information to us;

  • breach, through the Service, any agreements that you enter, or have entered, into with any third parties;

  • stalk, harass, injure, or harm yourself or another individual, or attempt to do any of the foregoing, through the Service;

  • direct or encourage another user or individual, through the Service, to do something that is unsafe, or that a similarly situated, reasonable person wouldn’t have an expectation of safety; or

  • impersonate any other person or business.

 

We reserve the right, in our sole discretion, to protect our users from violators and violations of these rules of conduct, including but not limited to restricting your use of the Services, restricting your ability to upload Submissions or Content, immediately terminating your use of the Service, or terminating your use of the Service by blocking certain IP addresses from accessing the Service. Notwithstanding the foregoing, our unlimited right to terminate your access to the Service shall not be limited to violations of these rules of conduct.

Content Submitted or Made Available to Us

You are under no obligation to submit anything to us or through use of the Service, and unless otherwise noted, we will not claim ownership of any Submissions or Content. However, in order for us to provide the Service, we need your permission to process, display, reproduce, create derivative works, and otherwise use the Submissions or Content that you make available to us, if any. Therefore, if you choose to submit any Submissions or Content through or on the Service, or otherwise make available any Submissions or Content through the Service, you hereby grant us a perpetual, irrevocable, transferrable, sub-licensable through multiple tiers, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Submissions or Content, including without limitation distributing part or all of the Submissions or Content in any media format through any media channels.

By submitting any Submissions or Content to us you hereby agree, warrant and represent that: (a) the Submissions and Content do not contain proprietary or confidential information, and the provision of the Submissions and Content is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Submissions, or Content; (d) we shall be entitled to use or disclose the Content or Submissions in any way, to the maximum extent permissible under applicable law; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.

You acknowledge that we are under no obligation to maintain the Service, or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Service. We reserve the right to withhold, remove and or discard any such material at any time.

Content Shared Through the Service

You understand that by sharing information on the Service, by participating in the Service, and by requesting information to be sent through, or downloading information from, the Service, you may be revealing information about yourself, the entity that you represent, or your business that may include financial, credit, or similar information, including with other users. You understand and acknowledge that you are fully aware and responsible for the impact of sharing such materials and using the Service, and you agree that we shall not be held responsible, and we shall be released and held harmless by you from any liability or damages arising out of such conduct.

Gesso’s Rights 

As between you and Gesso, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Gesso or is used with permission. Gesso reserves all rights not expressly set forth in these Terms.

 

You acknowledge that the Service, and all enhancements, updates, upgrades, corrections and modifications thereto, all copyrights, patents, trade secrets, or trademarks or other intellectual property rights protecting or pertaining to any aspect of the software (or any enhancements, corrections or modifications) and any and all documentation therefor, are and shall remain our sole and exclusive property and/or that of our licensors, as the case may be. These Terms do not convey title or ownership to you, but instead gives you only the limited rights set forth herein.

 

Feedback 

Gesso will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials that you provide regarding Gesso, whether by email, posting through the App, or otherwise ("Feedback"). Any Feedback you submit is non-confidential and will become the sole property of Gesso. Gesso will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send Feedback to Gesso if you expect to be paid or want to continue to own or claim rights in your Feedback. Gesso also has the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. Further, you agree not to submit any Feedback that is defamatory, illegal, offensive, or otherwise violates any right of any third party, or breaches any agreement between you and any third party.

 

Location Information 

The Service collects location information and it will be used and disclosed as set forth in the Privacy Policy.

 

You acknowledge and agree that by accepting these Terms or using the Service you affirmatively consent to Gesso’s collection, use, disclosure and storage of your location information.

 

You may revoke your consent with respect to Gesso’s collection, use, disclosure, and storage of your location information at any time by contacting  and deleting the App from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

 

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Gesso will continue to collect this location information.

 

If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Gesso will resume the collection of location information.

 

Gesso takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

 

The Service is for your use and to collect your location information. You may not use the Service to collect another individual's location information. If you violate any of these restrictions or any other restriction, you will have breached these Terms, which may subject you to prosecution and damages.

 

Disclaimers 

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. GESSO DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS, THE SERVICE AND ALL THIRD-PARTY SERVICES OR THIRD-PARTY MATERIALS, WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY, (B) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT GESSO KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE), (C) WARRANTIES OF NON-INFRINGEMENT, AND (D) CONDITION OF TITLE. GESSO DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY GESSO OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY.

 

FURTHER, OPINIONS, ADVICE, STATEMENTS, SUBMISSIONS, CONTENT, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE SERVICE, BUT NOT DIRECTLY PROVIDED BY US, ARE THOSE OF THEIR RESPECTIVE AUTHORS, AND SHOULD NOT BE RELIED UPON. SUCH AUTHORS ARE SOLELY RESPONSIBLE FOR SUCH CONTENT.

 

Limitation of Liability 

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL GESSO, OR ITS AGENTS, VENDORS, TOUR LOCATIONS, PARTNERS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY OR PROFIT, PHYSICAL LOSSES, DEATH, ANY ACTS OR OMISSIONS BY ANY APP STORE, OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING, THE APP AND ANY GESSO AUDIO EXPERIENCE), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF GESSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

 

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF GESSO AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES, TOUR LOCATIONS, VENDORS AND INVESTORS WILL NOT EXCEED $500.00.

 

Indemnification 

You will defend, indemnify, and hold Gesso and its employees, agents, vendors, tour locations, partners, and affiliates harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Gesso account.

 

Third Party Software and Links

The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third party software.

 

The Service may contain links to third-party websites, services, and materials. Such links are provided for informational purposes only, and we do not endorse any third-party website or services through the provision of such a link, nor do we promote or endorse any App Store.

 

The Service may contain articles, text, imagery, video, audio, data, information and other similar materials originating from third-parties, including users other than you. We do not endorse any third party, including the App Stores, or third party content that may appear on the Service or that may be derived from content that may appear on the Service, even if such content was summarized, collected, reformatted or otherwise edited by us.

 

Changes to the Service 

Gesso reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Gesso will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.  Your use of the Service after we post of such improvements, changes, modifications, additions or deletions (or other method of legal acceptance) constitutes your acceptance of such changes, modifications, additions or deletions.

 

Consent to Electronic Communications 

By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at .

 

Suspension and Termination 

Gesso may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at Gesso’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

 

Governing Law; Arbitration 

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH GESSO AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM GESSO.

 

These Terms shall be governed by and construed in accordance with the laws of the State of California, in the United States of America, without resort to any conflict of law provisions.

 

In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service (including, the App or any Gesso audio experience), you and Gesso agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Gesso are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Whether the dispute is heard in arbitration or in court, you and Gesso will not commence against the other a class action, class arbitration or other representative action or proceeding.

 

If settlement is not reached within 60 days after service of a written demand for mediation.  Any unresolved controversy or claim not resolved by mediation, will be proceed to arbitration in accordance with the current commercial rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.

 

For any disputes that are not handled by arbitration, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in San Francisco County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or the use or the Service (including, the App or any Gesso audio experience).

 

YOU AND GESSO AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND GESSO AGREE THAT EACH HAVE WAIVED ANY RIGHT TO A JURY TRIAL.

 

General 

Enforcement of these Terms is solely at Gesso’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, "including" means "including (without limitation)." The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.

 

These Terms (and the other policies and terms referred to herein) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements that may have been made.

 

Contact Us 

If you have any questions about these Terms, please email us at hello@gesso.app.

 

NOTICE REGARDING APPLE 

Notwithstanding any terms to the contrary in these Terms, the following additional terms will apply to the download of the App for use on the iPhone, iPod Touch or iPad:

 

  • You and Gesso acknowledge that these Terms are solely between you and Gesso, and not with Apple, Inc. ("Apple"), and that Gesso, not Apple, is solely responsible for the Service, the content thereof, maintenance, support services and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple App Store. You agree to pay all fees charged by the App Store in connection with the App (if any). You further acknowledge that the usage rules for the App are subject to any additional restrictions set forth in the Usage Rules for the App Store Terms of Service ("Apple Usage Rules") as of the date you download the App. In the event of any conflict between the terms and conditions of the Usage Rules and the terms and conditions of these Terms, the terms and conditions of the Usage Rules will govern if they are more restrictive.

  • Scope of License. The license granted to you is limited to a non-transferable license to use the App on any iPhone, iPod Touch or iPad that you own or control as permitted by the Usage Rules.

  • Maintenance and Support. Gesso is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

 

  • Warranty 

    • You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the App by you, and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. You also acknowledge and agree that to the extent that there are any applicable warranties, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any such applicable warranty, such will be the sole responsibility of Gesso. However, you understand and agree that, in accordance with these Terms, Gesso has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App, except those implied by law.

 

  • Product Claims 

    • You and Gesso acknowledge and agree that as between Apple and Gesso, Gesso, not Apple, is responsible for addressing any of your claims or any third party claims relating to the App or your possession and/or use of the App, including, but not limited to (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.

 

  • Intellectual Property Rights 

    • You and Gesso acknowledge and agree that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Gesso, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.

 

Legal Compliance 

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.

 

Developer Name and Address 

Any end-user questions, complaints or claims with respect to the App should be directed to: Gesso, Inc.

427 16th Street, #3D

New York, New York 11215

United States

Email: hello@gesso.app

 

Third Party Beneficiary 

The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce any of the terms and conditions of these Terms against you as a third party beneficiary thereof. However, the right of Gesso to terminate, rescind or make any change to these Terms is not subject to the consent of any other person.

 

Copyright Policy

If you believe in good faith that any material posted on our Services infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:

  • A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;

  • Identification of the copyrighted work claimed to have been infringed;

  • Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;

  • Information reasonably sufficient to permit us to contact you;

  • A statement 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,

  • 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 owner of an exclusive right that is allegedly infringed.

 

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our designated DMCA Copyright Agent:

Copyright Agent

Gesso, Inc.

427 16th Street, #3D

New York, New York 11215

USA

e-mail: hello@gesso.app

 

Complaint Policy (Including Trademark and Privacy)

If you believe in good faith that any material posted on the Service infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice to hello@gesso.app containing the following information:

  • Your name, physical address, e-mail address and phone number;

  • A description of the material posted on the Service that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed;

  • Identification of the location of the material on the Service;

  • If you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated;

  • If you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief;

  • A statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and

  • Your physical or electronic signature.

 

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

All notices given by you or required under these Terms shall be in writing and addressed to: Gesso, Inc., 427 16th Street, #3D, New York, New York 11215 USA, or sent via email to hello@gesso.app.