Terms of Use

Last Updated: October 16, 2019

StatusNow Holdings, Inc. (“StatusNow”) provides services, content and functionality (collectively, “Services”) through its mobile application (“App”) and through its website at StatusNowapp.com (including all subsidiary webpages and access to any optimized version of the site via a wireless device) (“Site”) subject to these terms of use (the “Terms”). These Terms describe the rules for using the Service and are legally binding between StatusNow and you, the person using the Services. Terms such as “we,” “our” and “us” refer to StatusNow.

The Services facilitate the communication of a user’s schedule and status to select member(s) of the user’s StatusNow network through the use of mobile devices or computers.

By accessing, installing, downloading or using the App or the Site, you agree to be bound by these Terms. We may update these Terms at any time, and such updated versions will be posted on the Site and made available through a link in the App. By continuing to use the Services after the Terms are updated, you consent to any such updated version of these Terms. In addition to these Terms, our Privacy Policy describes how we collect, use and share the information we receive through your use of the Services.

Membership; Registration; Account Management. When downloading the App, you must register as a member. To remain a member and continue using the Services, you must maintain an active account. Account registration will require you to submit certain personal information such as your name, email address, phone number. You agree to maintain your account information as accurate and up-to-date. You are responsible for keeping your device and your StatusNow account safe and secure, and you must notify us promptly of any unauthorized use or security breach of your account or our Services. You may only maintain one member account at a time. You agree not to use bots, botnets, apps or other automated means to register multiple accounts.

Eligibility

You must be at least 18 years old to use the Services. If you are under 18 years of age (or the minimum age to have authority to agree to our Terms in your jurisdiction), your parent or guardian must agree to these Terms on your behalf. The Services are only available to individuals residing in the United States.

Fees and Payments

If you choose to purchase Services, we will charge you for Services including applicable taxes. Charges will be enabled using the designated payment method in your account and you will be billed on the cycle for the plan you selected (monthly or annually). Fees paid by you are final and non-refundable unless otherwise determined by StatusNow. We may refuse or cancel orders. You may cancel your subscription by deleting the app from your phone or changing the appropriate settings in your user profile, if we make that option available to you. Your level of service will automatically renew at the same level on the anniversary of your paid subscription date. Changes in price and/or features associated with your level of service will be communicated to you prior to your renewal date. Regardless of the level of Services you choose, You remain responsible for your carrier data plan and other fees and taxes associated with your use of your mobile phone or device in connection with use of our Services.

To understand StatusNow’s practices regarding collection, use, and storage of information received through the Services, please read our Privacy Policy . You agree to our data practices, including the collection, use, processing, and sharing of your information as described in our Privacy Policy .

Copyright Notice

License Terms

Any downloading, accessing or using any of the Services shall be pursuant to these license terms between you and StatusNow.

Subject to these Terms, StatusNow hereby grants to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Services and otherwise view and use the Services, on your mobile phone and computing devices that you own or control, to the extent permitted by its intended functionality, for your individual, non-commercial use for communicating your schedule and status to members of your designated StatusNow network, and not for the sublicense to or use by other third parties. Any other use not authorized herein is strictly prohibited and a violation of these Terms. StatusNow may revoke and/or terminate the foregoing license with respect to any aspect of the Services at any time, for any or no reason.

Except as otherwise specifically permitted in these Terms, you shall not: (a) modify, download, intercept, or create any derivative works of the Services, including any translations or localizations thereof; (b) access or use the Services through an application or means not authorized by StatusNow; (c) copy, store, edit, change, exploit, download, prepare any derivative work of, or alter in any way any of the content made available through the Services; (d) license, sell, rent, lease, encumber, transfer, assign, distribute, disclose, post, make available, permit time sharing or simultaneous use of, or otherwise exploit the Services to or for the benefit of any third party; (e) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, underlying ideas, or structure or organization of the Services; (f) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols, or labels on the Services; (g) publish or provide any results of any Services, in whole or in part, aggregated or otherwise, to a third party without our prior written consent; (h) provide your account credentials to access the Services to any third party; (i) use the Services in a manner that violates, misappropriates or infringes the rights of StatusNow or others, is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be illegal or otherwise inappropriate, including promoting violent crimes, impersonate someone, or involves sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, and the like; or (j) use any systems or means, automated or otherwise, to access, acquire, copy, scrape, harvest, or monitor any part of the Services; or (k) aid or encourage any third party to engage in any activity that would constitute a breach of these Terms. ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

Use of Content

The content provided through the Services and on our Site is intended to provide general information about StatusNow, the App and our Services. All content on the Services, including text, graphics, icons, logos, and images and their selection and arrangement within the App and the Site (collectively “Content”), is the exclusive property of StatusNow or, if applicable, our licensors, and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

StatusNow may, in its sole discretion, suspend or discontinue the Services or any Content at any time without notice. StatusNow gives you permission to access, download, display and print one copy of the Content for your personal or internal business use, provided that you do not modify any Content and that you retain all copyright and proprietary notices contained in the materials. You may not otherwise “mirror,” reproduce, modify, distribute, transmit, post, or use the Content in any other media without StatusNow’s prior written consent.

Trademarks

STATUSNOW®, and other trademarks, service marks, and logos (“Trademarks”) used and displayed within the Services are the property of StatusNow. Other trademarks, service marks, logos and trade names belong to their respective owners and are used with permission and for identification purposes only. Nothing within the Services grants any license or right to use any Trademarks or other intellectual property displayed within the Services. StatusNow prohibits the use of the StatusNow trade name or Trademarks for advertising or marketing purposes, including displaying them on websites or in press releases, without StatusNow’s written permission.

Global Availability

Content on our Site may include information about products that are not available in your country. To inquire about our products in your specific region, please contact us at info@statusnowapp.com. Further, if any Content is made available in languages other than English, such translations are provided as a convenience and StatusNow makes no representations regarding the accuracy or completeness of the translations however provided.

Links to Third-party Websites

The Services may provide links to third-party websites or applications. Such links to do not constitute an endorsement for such third party sites, apps or their content by StatusNow. The providers of these sites and applications and not StatusNow, are responsible for such websites and applications and you should review and understand any terms of use and privacy policies that govern your use of the websites that you visit and any applications that you access or download.

Additionally, if you access a non-StatusNow website or mobile application that includes a StatusNow Trademark (for example the website of a StatusNow partnering organization or client), please understand that such websites or applications and their content are not controlled, operated or endorsed by StatusNow.

Feedback

Unless otherwise described in our Privacy Policy, if you choose to provide us with any feedback, suggestions, or similar communications, all such communications (“Feedback”) will be considered non-personal, non-confidential and nonproprietary. You hereby grant StatusNow a perpetual, sublicensable, assignable, unrestricted, worldwide, royalty-free, irrevocable license to use, reproduce, display, perform, practice, modify, create derivative or collective works, transmit and distribute your Feedback, in whole or in part, and including all intellectual property rights therein.

User Postings

The Services and our Site may have certain sections that allow you to post or otherwise publish materials. While StatusNow reserves the right to reject or remove any content or posting, in whole or in part, for any reason in its discretion, StatusNow does not and cannot review all information posted to the Services by users and is not responsible for such content. You agree that you shall not post or otherwise publish on the Services any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would violate the law or the rights of other parties; (c) infringe the intellectual property, privacy, or other rights of other parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. StatusNow shall own and have the unrestricted right to use, publish, and otherwise exploit any and all content that you post on the Services and you hereby waive any claims against StatusNow for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with StatusNow’s use and publication of such submissions.

Disclaimers

Services should not be relied upon in emergencies and are not intended to provide a direct line of communication between users in emergency situations. If you have or suspect that you have an emergency, you should seek appropriate immediate assistance e.g. via telephone or by calling “911.”

As with texts, e-mails or messaging services, there is a risk that StatusNow notices may get directed to recipient spam filters or experience other delivery problems. There may be occasions when the Services are unavailable and requests do not reach intended recipients. Additionally, StatusNow notices may not be sent to connections that have expired or to users who have deleted or deactivated their StatusNow account.

THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR AVAILABILTY OF THE SERVICES. STATUSNOW AND ANY THIRD PARTY PROVIDERS OF CONTENT OR MATERIALS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SERVICES OR CONTENT.

Indemnification and Limitation of Liability

You agree to defend, indemnify and hold harmless, StatusNow and its subsidiaries, affiliates, officers, directors, employees and agents as well as any third party providers of services relating to the Services or Content as well as their respective affiliates, and their officers, directors, employees and agents (collectively “Service-Related Parties”), harmless from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of the Content or Services.

YOU AGREE THAT NONE OF THE SERVICE-RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR RELIANCE ON THE SERVICES OR USE OR INABILITY TO USE THE SERVICES, CONTENT OR ANY OTHER SERVICES OR PRODUCTS SOLD THROUGH THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THE SERVICE-RELATED PARTIES SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF STATUSNOW, EVEN IF STATUSNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE TOTAL, CUMULATIVE LIABILITY OF THE SERVICE-RELATED-PARTIES FOR LOSSES OR DAMAGES SHALL NOT EXCEED THE GREATER OF THE AMOUNT OF FEES PAID BY YOU TO US FOR THE SERVICES FOR THE PAST TWELVE MONTHS OR $5. IN NO EVENT SHALL THE SERVICE-RELATED PARTIES BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES OTHER THAN THE AMOUNT DESCRIBED ABOVE.

THE LIMITATIONS OF LIABILITY AND DISCLAIMER IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, STATUSNOW’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON STATUSNOW’S CHOICE OF LAW PROVISION SET FORTH BELOW.

YOU AGREE THAT YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Governing Law; Jurisdiction; Waiver of Jury Trial

These Terms are governed by the laws of the State of Minnesota without reference to the principles of conflicts of laws thereof. You agree that the exclusive jurisdiction and venue for any dispute with StatusNow relating to your use of the Services or Content, is in the state and federal courts located in Minneapolis, Minnesota, U.S.A. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving StatusNow or its employees, officers, directors, agents and providers. If any provision of these Terms is determined to be invalid under any applicable statute or rule of law, such provision is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable. Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Services, you agree to inform us in writing and to give us 30 days to cure the harm before initiating any action. You must initiate any cause of action within one year after the claim has arisen, or you will be barred from pursuing any cause of action. In the event StatusNow takes any steps to enforce these Terms against you, you agree to be liable for StatusNow’s attorneys’ fees and costs incurred therein.

BY YOUR ACCEPTANCE OF THESE TERMS, YOU HEREBY VOLUNTARILY, KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING ARISING UNDER THESE TERMS, REGARDLESS OF WHETHER SUCH ACTION OR PROCEEDING CONCERNS ANY CONTRACTUAL OR TORTIOUS OR OTHER CLAIM. YOU ACKNOWLEDGE THAT THIS WAIVER OF JURY TRIAL IS A MATERIAL INDUCEMENT TO STATUSNOW IN ALLOWING YOU TO DOWNLOAD, ACCESS, AND/OR USE THE APP AND THAT STATUSNOW WOULD NOT HAVE ALLOWED YOU TO DOWNLOAD, ACCESS AND/OR USE THE APP WITHOUT THIS JURY TRIAL WAIVER.

Acknowledgment regarding No Liability of Marketplace; and Marketplaces as Third Party Beneficiary

You agree and acknowledge that StatusNow (and not Apple, Inc. or any other app marketplace) shall be responsible for providing any support for the App and for addressing any warranty, product or infringement claims relating to the App. You agree and acknowledge that with respect to your use of the App on an iOS device, Apple, Inc. and its subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms by downloading or accessing the App on an iOS device, Apple, Inc. will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary thereof.

Contact Us

If you have any questions about these Terms or the operation of the Services, you may contact us by e-mail at info@statusnowapp.com.