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Selig Labs Legal
Bridge Spot VPN

Terms and Conditions

Effective Current1 previous version16 min read

Applies to Bridge Spot VPN on iOSProvided by Iris Analytics, LLC

Bridge Spot VPN ("Application") is licensed to you ("End User") by Iris Analytics, LLC ("Iris Analytics"), an Illinois corporation with principal offices at 1250 South Michigan Avenue, Unit 1303, Chicago, Illinois 60605-2616, for use only under the terms of this Terms and Conditions Agreement ("Agreement").

By downloading the Application from the Apple App Store (or other source), and any update thereto (as permitted by this Agreement), the End User indicates that they accept this Agreement and agree to be bound by all of the terms and conditions herein. The parties of this Agreement acknowledge that Apple is not a Party to this Agreement and is therefore not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Iris Analytics, LLC, not Apple, is solely responsible for the Application and the content thereof.

This Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Iris Analytics, LLC acknowledges that it had the opportunity to review said terms and this Agreement is not conflicting with them.

All rights not expressly granted to the End User are reserved.

The Application

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1.1 Purpose

The Application is a piece of software created to facilitate access to one or more virtual private networks ("VPN") via a mobile device. It is used to redirect internet traffic through a VPN for secure and anonymous browsing.

1.2 Legal Compliance

The Application is not tailored to comply with industry-specific regulations (including, but not limited to, the Health Insurance Portability and Accountability Act (HIPAA) and Federal Information Security Management Act (FISMA)), and the End User may not use the Application in any instance where such interactions would be subjected to such laws. Furthermore, the End User may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA), or any other federal, state, or local law or regulation.

Scope of License

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2.1 License

The End User is hereby granted a revocable, non-transferable, non-exclusive, non-sublicensable license to install and use the Application on any mobile device that the End User owns or controls and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that the Application may be accessed and used by other accounts associated with the End User via Family Sharing or other volume purchasing program.

2.2 Future Updates

This Agreement will also govern any updates of the Application provided by Iris Analytics that replace, repair, and/or supplement the first Application, unless separate terms and conditions are provided for such an update in which case the terms of that new agreement will govern.

2.3 Individual Use

You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions and with Iris Analytics's prior written consent), sell, rent, lend, lease, or otherwise redistribute the Application.

2.4 Reverse Engineering

You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Iris Analytics's prior written consent).

2.5 Copies

The End User may not copy (excluding when expressly authorized by this Agreement and the Usage Rules set forth in this section) or alter the Application or portions thereof. The End User may create and store copies only on devices that the End User owns or controls for backup keeping under the terms of this Agreement, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. The End User may not remove any intellectual property notices. The End User acknowledges that they are responsible for the safe guarding of such backups, and that no unauthorized third parties may gain access to these copies at any time.

2.6 Violations

Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.7 Modifications

Iris Analytics reserves the right to modify the terms and conditions of this Agreement at any time, with or without notice.

2.8 Third Party Terms

Nothing in this Agreement should be interpreted to restrict third party terms and conditions. When using the Application, the End User must ensure that they comply with applicable third party terms and conditions.

Technical Requirements

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3.1 Software

The Application currently is only available for Apple iOS operating systems. Specifically, this Application requires an Apple iOS version 13.0.0 or higher. Iris Analytics always recommends using the latest version of an operating system for best results.

3.2 Updates

Iris Analytics attempts to keep the Application updated so that it complies with modified or new versions of the software and new hardware, however, it makes no representation to the obligation to provide any updates or the timeline underwhich such updates may become available. Furthermore, the End User is not granted rights to claim such an update.

3.3 End User Responsibility

The End User acknowledges that it is their responsibility to confirm and determine that their device and operating system on which the Application is intended to use satisfies the technical specifications mentioned above.

3.4 Modifications

Iris Analytics reserves the right to modify the technical specifications as it sees appropriate at any time, with or without notice.

No Maintenance or Support

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4.1 Requirements

Iris Analytics is not obligated, expressed or implied, to provide any maintenance, technical, or other support for the Application. Iris Analytics may provide such services at its sole discretion.

4.2 Third Party Support

The parties of this Agreement acknowledge that Apple or other third parties have no obligation whatsoever to furnish any maintenance and support services with respect to this Application.

Use of Data

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5.1 Privacy Policy

The End User acknowledges that Iris Analytics may be able to access and adjust the End User's downloaded Application content and the End User's personal information, and that Iris Analytics's use of such material and information is subject to the End User's legal agreements with Iris Analytics, if any exist, and Iris Analytics's privacy policy which can be found at https://legal.irisanalytics.io/mobile/bridge/privacy/.

User Generated Contributions

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6.1 Contributions Policy

The Application does not offer users the ability to submit or post content to it. Iris Analytics may provide the End User with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Iris Analytics or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application's Privacy Policy. When the End User creates or makes available any Contributions, the End User thereby represents and warrants that:

  1. the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of the Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
  2. that the End User is the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Iris Analytics and its affiliated and partner companies, the Application, and other users of the Application to use the End User's Contributions in any manner contemplated by the Application and this Agreement;
  3. that the End User has the written consent, release, and/or permission of each and every identifiable individual person in the End User's Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of the End User's Contributions in any manner contemplated by the Application and this Agreement;
  4. that the End User's Contributions are not false, inaccurate, or misleading;
  5. that the End User's Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation;
  6. that the End User's Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined at Iris Analytics's sole discretion);
  7. that the End User's Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
  8. that the End User's Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people;
  9. that the End User's Contributions do not violate any applicable law, regulation, or rule;
  10. that the End User's Contributions do not violate the privacy or publicity rights of any third party;
  11. that the End User's Contributions do not contain any material that solicits personal information from anyone under the age of eighteen (18) or exploits people under the age of eighteen (18) in a sexual or violent manner;
  12. that the End User's Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
  13. that the End User's Contributions do not include any offensive comments that are connected to race, national origin, religion, gender, sexual preference, or physical or mental handicap; and
  14. that the End User's Contributions do not otherwise violate, or link to material that violates, any provision of this Agreement, or any applicable law or regulation.

6.2 Application Use Policy

The End User understands that use of the services offered by this Application, and use of the VPNs it makes available will be consistent with the Contributions Policy outlined in this section. \

6.3 Violations

Any use of the Application in violation of the policy outlined in this section violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Application, without refund or other compensation.

Contribution License

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7.1 Data Access

The End User agrees that Iris Analytics may access, store, process, and use any information and personal data that the End User provides following the terms of the Privacy Policy and the End User's choices (including settings).

7.2 Suggestions and Feedback

By submitting suggestions of other feedback regarding the Application (collectively, "Suggestions"), the End User agrees that Iris Analytics can use and share such feedback for any purpose without compensation to the End User. Futhermore, the End User hereby agrees to assign to Iris Analytics, or its designee, all right, title, and interest in and to any and all Intellectual Property, related to such Suggestions, if requested.

7.3 Contributions Ownership

Iris Analytics does not assert any ownership over the End User's Contributions. The End User retains full ownership of all of the End User's Contributions and any intellectual property rights or other proprietary rights associated with the Contributions, other then to the extent provide elsewhere in this Section. Iris Analytics is not liable for any statements or representations in the End User's Contributions provided by the End User in any area in the Application. The End User is solely responsible for the End User's Contributions to the Application and the End User expressly agrees to exonerate Iris Analytics from any and all responsibility and to refrain from any legal action against Iris Analytics regarding the End User's Contributions.

Warranty

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9.1 Warranties

Iris Analytics warrants that to the best of its knowledge the Application is free of spyware, trojan horses, viruses, or any other malware at the time of the End User's download. Iris Analytics warrants that the Application works as described in the user documentation.

9.2 Limitations

No warranty is provided for the Application that is not executable on the device, that has been modified without written consent, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by the End User or by third parties, or if there are any other reasons outside of Iris Analytics's sphere of influence that affect the function and performance of the Application.

9.3 Defect Notification

The End User is required to inspect the Application immediately after installing it and notify Iris Analytics about issues discovered without delay by e-mail provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of one (1) day after discovery.

9.4 Defect Remedies

If Iris Analytics is able to confirm that the Application is defective, Iris Analytics reserves a choice to remedy the situation by means of solving the defect, substitute delivery, or other any other means that it deems reasonable, in its sole discretion.

9.5 App Store Operator

In the event of any failure of the Application to conform to any applicable warranty, the End User may notify the App Store operator ("Operator"), and the End User's Application purchase price may be refunded to the End User under the applicable Operator. To the maximum extent permitted by applicable law, the Operator will have no other warranty obligation whatsoever with respect to the Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 Entrepreneurs

If the End User is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the End User. The statutory periods of limitation given by law apply for End User who are consumers.

Product Claims

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10.1 Responsible Party

The parties to this Agreement acknowledge that Iris Analytics, and not Apple, is responsible for addressing any claims of the End User or any third party relating to the Application or the End User’s possession and/or use of that Application, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the End User's Application’s use of the HealthKit and HomeKit.

Termination

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12.1 Cause

This Agreement is valid until terminated by Iris Analytics or by the End User. The End User's rights under this Agreement will terminate automatically and without notice from Iris Analytics if the End User fails to adhere to any term or conditions of this Agreement.

12.2 Affect

Upon Agreement termination, the End User shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

Third Party Terms of Agreements and Beneficiary

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13.1 Third Parties

Iris Analytics represents and warrants that Iris Analytics will comply with applicable third party terms of agreement when using the Application.

13.2 Apple, Inc

In Accordance with Section 9 of the "Instructions for Minimum Terms of Developer's End-User License Agreement," Apple and Apple's subsidiaries shall be third party beneficiaries of this Agreement and upon the End User's acceptance of the terms and conditions of this agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against the End User as a third party beneficiary thereof.

Intellectual Property Rights

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14.1 Claims

The parties to this Agreement acknowledge that, in the event of any third party claim that the Application or the End User's possession and use of that Application infringes on the third party's intellectual property rights, Iris Analytics, and not Apple, will be solely responsible for the investigation, defense, settlement, and discharge or any such intellectual property infringement claims.

Miscellaneous

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15.1 Governing Law

This Agreement shall be governed by and executed in accordance with the laws of the State of Illinois applicable to agreements made within the state.

15.2 Jurisdiction

Any dispute or claim arising out of or relating to the Agreement or claim of breach hereof shall be brought exclusively in the federal court for the Northern District of Illinois or in the Circuit Court of Cook County, Illinois. The Parties consent to the exclusive jurisdiction of such courts, and waive any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with the Agreement.

15.3 Disagreement

In the event that a dispute arises in connection with this Agreement, or the breach thereof, and if the dispute cannot be settled through negotiation, the Parties hereby agree to submit the matter for resolution to non-binding arbitration or mediation administered by the American Arbitration Association in the City of Chicago and the State of Illinois under their Commercial Procedures. Furthermore, the Parties agree to make a good faith effort to settle such a dispute in the arbitration or mediation. In the event either party is dissatisfied with the decision reached by the arbitrators or mediators, such party may pursue adjudication of the dispute in a court of law.

15.4 Severability

If any provision in this Agreement is held invalid or unenforceable, the other provisions will remain enforceable, and the invalid or unenforceable provision will be considered modified so that it is valid and enforceable to the maximum extent permitted by law.

15.5 Captions

The section headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction or interpretation of this Agreement.

15.6 Amendment

Collateral agreements, changes, and amendments are only valid if laid down in writing.

Contact Information

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17.1 Contact Information

For general inquiries, complaints, questions, or claims concerning the Application, please contact:

Iris Analytics, LLC
1250 South Michigan Avenue
Unit 1303
Chicago, IL 60605-2616
United States of America
legal@irisanalytics.io