Camino Accountability LLC
End User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you (“you” or “user”) and Camino Accountability LLC (“Company,” “we,” “us,” or “our”) governing your download, installation, and use of the Camino mobile application (the “App”) obtained from the Apple App Store, Google Play, or another authorized distribution platform (each, a “Platform”).
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS EULA. IF YOU DO NOT AGREE, DO NOT DOWNLOAD, INSTALL, OR USE THE APP.
This EULA governs your license to use the App itself. Your use of the underlying services accessed through the App, including account features, program content, accountability partner and mentor/mentee matching, messaging, and subscriptions, is governed by our Terms of Service, and our collection and use of information is governed by our Privacy Policy, each of which is incorporated into this EULA by reference. In the event of a direct conflict between this EULA and the Terms of Service solely with respect to the license to use the App software, this EULA controls; in all other respects, the Terms of Service controls.
1. License Grant
- Subject to your compliance with this EULA, the Terms of Service, and, where applicable, payment of any subscription fees, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use one copy of the App on any Platform-compatible device that you own or control, solely for your personal, non-commercial use.
- If you accessed the App through a Platform, your license is further subject to, and you must comply with, that Platform’s usage terms (for example, Apple’s Usage Rules or Google Play’s Terms of Service).
- This license is personal to you and may not be assigned, transferred, or sublicensed to any other person or device account, except as permitted by the applicable Platform’s family-sharing or similar functionality, if any.
2. License Restrictions
You agree not to, and not to permit any third party to:
- copy, modify, adapt, translate, or create derivative works of the App;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App, or any on-device model, algorithm, or component within it, except to the extent such restriction is prohibited by applicable law;
- rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or any rights in it to any third party;
- remove, alter, or obscure any proprietary notices on the App;
- use the App to build a competing product or service, or to benchmark the App for competitive purposes;
- circumvent, disable, or interfere with any security-related, licensing, or access-control features of the App; or
- use the App in any manner that violates the Terms of Service or any applicable law.
3. Ownership
- The App is licensed, not sold. Company and its licensors retain all right, title, and interest in and to the App, including all intellectual property rights therein. No rights are granted to you other than the limited license expressly set forth in this EULA.
- All trademarks, service marks, and logos used in connection with the App are the property of Company or their respective owners or licensors.
4. Third-Party Content and Services
- The App may deliver program content licensed from third-party providers, and may link to or integrate with third-party services. Such third-party content and services are governed by the Terms of Service and, where applicable, separate third-party terms, and are not licensed to you under this EULA beyond what is described in the Terms of Service.
- You are responsible for complying with any applicable third-party agreements (for example, your wireless carrier’s data plan terms, or a Platform’s own terms of use) in connection with your use of the App.
5. Data Collection and Privacy
- Your use of the App, including any on-device artificial intelligence features (such as transcription and on-device model personalization), accountability partner and matching features, and messaging features, involves the collection and use of information as described in the Privacy Policy and the Terms of Service.
- By using the App, you consent to such collection and use in accordance with the Privacy Policy.
6. Not Medical Advice; Not for Emergency Use
THE APP IS NOT A MEDICAL DEVICE AND DOES NOT PROVIDE MEDICAL, PSYCHOLOGICAL, OR PROFESSIONAL HEALTHCARE ADVICE. THE APP IS NOT INTENDED FOR USE IN A MEDICAL OR MENTAL HEALTH EMERGENCY. IF YOU ARE EXPERIENCING A CRISIS OR HAVING THOUGHTS OF HARMING YOURSELF OR OTHERS, CONTACT EMERGENCY SERVICES (E.G., 911 IN THE UNITED STATES) OR THE 988 SUICIDE & CRISIS LIFELINE (CALL OR TEXT 988) IMMEDIATELY.
Additional disclaimers regarding the nature of the Service are set out in the Terms of Service.
7. Updates
- The Company may, but has no obligation to, provide updates, upgrades, or new versions of the App. This EULA applies to any such updates unless they are accompanied by separate terms, in which case those terms govern.
- You may need to install updates to continue using the App or to access certain features, and the Company is not responsible for any impact on your use of the App resulting from your failure to install an available update.
8. No Warranty
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS EULA OR YOUR USE OF THE APP, AND COMPANY’S TOTAL CUMULATIVE LIABILITY WILL NOT EXCEED THE AMOUNTS SET FORTH IN THE LIMITATION OF LIABILITY PROVISION OF THE TERMS OF SERVICE. Some jurisdictions do not allow certain limitations, so some of the foregoing may not apply to you.
10. Term and Termination
- This EULA is effective upon your download or installation of the App and continues until terminated as provided herein.
- This EULA, and your license to use the App, will terminate automatically if you fail to comply with any of its terms, or if your account under the Terms of Service is suspended or terminated. The Company may also terminate this EULA at any time in accordance with the Terms of Service.
- Upon termination, you must cease all use of the App and delete all copies of the App from your devices. Sections 3, 5, 6, 8, 9, 11, 12, and 14 will survive termination.
11. Indemnification
You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, licensors, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to your breach of this EULA or your misuse of the App, consistent with the indemnification provision of the Terms of Service.
12. Additional Terms for Apple App Store Users
If you obtained the App from Apple’s App Store, the following additional terms apply, and you and Company acknowledge and agree as follows:
- This EULA is between you and Company only, and not with Apple Inc. (“Apple”). The Company, not Apple, is solely responsible for the App and its content as limited by this EULA and the Terms of Service.
- Apple has no obligation whatsoever to furnish any maintenance or support services 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) for the App to you, if applicable; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the Company’s sole responsibility, as set forth in this EULA.
- Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; all such claims are governed solely by this EULA and any applicable law, and the Company is solely responsible for their resolution (as limited by this EULA and the Terms of Service).
- 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, the Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim, to the extent required by this EULA.
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with all applicable third-party terms of agreement when using the App (for example, your wireless data service agreement).
- Apple and Apple’s subsidiaries are third-party beneficiaries of this EULA, and 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 of it.
- Any questions, complaints, or claims with respect to the App should be directed to the Company using the contact information in Section 15, and not to Apple.
13. Export Control and Legal Compliance
- You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to a U.S. Government embargo, and are not on any U.S. Government list of prohibited or restricted parties.
- If you are a U.S. federal government end user, the App is a “commercial item” as defined in applicable federal acquisition regulations, and is licensed with only those rights granted to all other end users under this EULA.
14. Governing Law; Dispute Resolution
This EULA is governed by the laws of the State of Delaware, consistent with the governing law provision of the Terms of Service. Any dispute arising out of or relating to this EULA will be resolved in accordance with the dispute resolution, binding arbitration, and class action waiver provisions of the Terms of Service, which are incorporated into this EULA by reference.
15. Contact Information
Questions, complaints, or claims regarding the App should be directed to:
Camino Accountability LLC
785 N. Maple Rd., Apt. 2
Ann Arbor, MI 48103
16. Changes to This EULA
The Company may modify this EULA from time to time, including in connection with an update to the App. Material changes will be notified through the App, by email, or by other reasonable means. Your continued use of the App after the effective date of a revised EULA constitutes your acceptance of the changes. If you do not agree to the revised EULA, you must stop using the App.