Effective date: January 13, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions", "Agreement") carefully before using Gabzzle (the "Application", "App", "Service", "Website") operated by TiredCruncher LLC ("us", "we", or "our").
Your access to and use of the Application is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Application.
By accessing or using the Application you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Application.
TiredCruncher LLC grants you a non-exclusive, unlimited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to 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.
Intellectual property rights
You acknowledge that all intellectual property rights in the Application anywhere in the world belong to us or our licensors, that rights in the Application are licensed (not sold) to you, and that you have no rights in, or to, the Application, other than the right to it in accordance with the terms of this agreement.
You acknowledge that you have no right to have access to the Application in source-code form.
By using the App, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the App (or any portion thereof).
You may be required to register with the App. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable
You may not use the Application in any manner that could: (i) damage, disable, overburden, or impair the Application (or any server or networks connected to the Application), or (ii) interfere with any third party's use and/or enjoyment of the Application (or any server or networks connected to the Application). Except as expressly specified in this agreement, you may not: (a) copy or modify the App; (b) transfer, sublicense, lease, lend, rent or otherwise distribute the Application to any third party; or (c) use the Application in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this agreement. You acknowledge and agree that portions of the Application, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of TiredCruncher LLC and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the Application provided in object code or any other TiredCruncher products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition.
Guidelines for reviews
We may provide you areas on the App to leave reviews or ratings. When posting a review, you must comply with the following criteria:
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
We will maintain certain data that you transmit to the App for the purpose of managing the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the App.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
The Application uses Google Analytics to track users' behavior inside the Application itself, in order to improve the user experience. You acknowledge and agree that the Application will use this solution and that your behavior in the Application is tracked.
You agree that you might receive - occasionally - push notifications and marketing emails from services, apps, and promotions related and/or owned by TiredCruncher LLC. You will not receive any notifications or marketing emails that have any content not owned by TiredCruncher LLC, unless stated in this agreement.
Billing, renewals and payment
Unless stated otherwise or for limited time offers, plans in the App are offered on a monthly or yearly subscription basis.
Except as otherwise specified in your order, unless either party cancels your subscription prior to expiration of the current subscription term, your subscription will automatically renew for another subscription of a period equal to your initial subscription term. You will provide any notice of non-renewal through the means we designate, which may include account settings in the App or contacting our support team, or through the App distributor (e.g: Apple iTunes). Cancelling your subscription means that you will not be charged for the next billing cycle, but you will not receive any refunds or credits for amounts that have already been charged. All renewals are subject to the applicable plan continuing to be offered and will be charged at the then-current rates.
In the event of a subscription cancellation, or an overdue subscription term that exceeds a predetermined grace period, all subscriptions automatically get cancelled and you will lose access to the App.
You will pay all fees in accordance with each order, by the due dates and in the currency specified in the order. If an invoice number is required in order for an invoice to be paid, then you must provide such invoice number to TiredCruncher LLC by emailing the invoice number to firstname.lastname@example.org.
Evaluations, trials, and betas
We may offer certain products (including some TiredCruncher Apps) to you at no charge, including free accounts, trial use and Beta Versions as defined below (collectively, “No-Charge Products”).
Your use of No-Charge Products is subject to any additional terms that we specify and is only permitted during the subscription term we designate (or, if not designated, until terminated in accordance with these Terms).
Except as stated otherwise in this section, the terms and conditions of these Terms governing our products fully apply to No-Charge Products.
We may modify or terminate your right to use No-Charge Products at any time and for any reason in our sole discretion, without liability to you.
You understand that any pre-release and beta TiredCruncher Apps, and any pre-release and beta features within generally available TiredCruncher Apps, that we make available (collectively, “Beta Versions”) are still under development, may be inoperable or incomplete and are likely to contain more errors and bugs than generally available TiredCruncher Apps.
No warranty or support
You expressly acknowledge and agree that use of the Application provided is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
To the maximum extent permitted by applicable law, the Application is provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Application, either express, implied or statutory, including, but not limited to, any implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Application, that the functions contained in the Application will meet your requirements, that the operation of the Application will be uninterrupted or error-free, or that defects in the Application will be corrected. No oral or written information or advice given by us or our authorized representative shall create a warranty. Should the Application prove defective, you assume the entire cost of all necessary servicing, repair or correction.
Limitation of liability
You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Application as described in the Documents meet your requirements.
We only supply the App for personal and private use. We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Through the use of web services and APIs, the App interoperates with a range of third party service features. We do not make any warranty or representation on the availability of those features. Without limiting the previous sentence, if a third party feature provider ceases to provide that feature or ceases to make that feature available on reasonable terms, we may cease to make available that feature to you. To avoid doubt, if we exercise our right to cease the availability of a third party feature, you are not entitled to any refund, discount or other compensation.
We reserve the right, but not the obligation, to:
Term and termination
These Terms and Conditions shall remain in full force and effect while you use the App. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS AND CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE APP OR DELETE YOUR ACCOUNT ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modifications to Application
TiredCruncher LLC reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
There may be information on the App that contains typographical errors, inaccuracies, or omissions that may relate to the App, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the App at any time, without prior notice.
If you have any questions about these Terms, please contact us at:
2093 Philadelphia Pike #9201
Claymont, DE 19703 USA