Gripp Terms of Service
Updated: October 15th, 2023
GRIPP operates and provides the websites located at https://www.gripp.it and https://www.gripp.ag (each a “Site” and, collectively, the “Sites”) and mobile and web-based software platforms connecting equipment owners, dealers, service providers and manufacturers to associated equipment profiles in connection with equipment management, operations and dealership/servicing/manufacturer communications (collectively, the “Service”).
Acceptable Use Policy
You agree to use the Service for lawful purposes only. You expressly agree not to do (or to permit any User or other third party to do) any of the following, which is a non-exhaustive list, during your use of the Service:
- Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Service (collectively, the “Materials”);
- Decompile, reverse engineer, or otherwise attempt to obtain the source code of the Service;
- Access or use the Sites or Service in order to build a similar or competitive website, product, or service;
- Redeliver any page, text, image, or Materials from the Service using “framing”, hyperlinks, or other technology;
- Engage in any conduct that could interfere with, damage, alter, disable, or overburden (i) the Service, (ii) any Materials or services provided through the Service, or (iii) any systems, networks, servers, or accounts related to the Service, including without limitation, using devices or software that provide repeated automated access to the Service;
- Probe, scan, test, or reverse-engineer the Service, or any Materials, systems, networks, servers, or accounts related to the Service, or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Service through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Service to find vulnerabilities or evade filtering capabilities;
- Attempt to bypass or break any security mechanism of the Service or use the Service in any other manner that poses a security or service risk to GRIPP or any of its other customers;
- Launch or facilitate, whether intentionally or unintentionally, a denial of service attack on the Service or any other conduct that adversely impacts the availability, reliability or stability of the Service;
- Transmit any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs;
- Use the Service in any manner that violates any applicable (i) law, rule, or regulation, (ii) industry standard, or (iii) third party policies or requirements that GRIPP may communicate to Customer, including without limitation, any and all applicable guidelines published by CTIA, the Mobile Marketing Association or any other accepted industry associations or carrier guidelines;
- Engage in any unsolicited advertising, marketing or other prohibited activities, including, without limitation, any activities that violate any applicable anti-spam laws, rules or regulations including, but not limited to, the CAN SPAM Act of 2003, Canada’s Anti-Spam Law, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (collectively, “Anti-Spam Laws”);
- Use the Service in connection with any unsolicited or harassing messages (commercial or otherwise), including, but not limited to, unsolicited or unwanted phone calls SMS or text messages;
- Use the Service to harvest or otherwise collecting information about third parties, including email addresses or phone numbers;
- Use the Service to engage in fraudulent activity with respect to third parties;
- Violate or facilitate the violation of any local or foreign law, including laws regarding the transmission of data or software, or
There will be no exceptions to this Acceptable Use Policy unless Customer obtains the prior written consent of GRIPP.
Gripp Inc. SMS Terms and Conditions (US-Based Text Messaging for Gripp platforms)
By utilizing one or more text messaging notification features, you expressly consent to receive messages from the GRIPP Service platforms. You may opt-out of these communications at any time. Consent to receive text messages is not required.
- Program Description
Gripp, through GRIPP Service, and its service providers may use an autodialer to deliver text messages to you. GRIPP text messages are intended to provide you updates and notifications related to associated equipment..
- Message Frequency
The number of GRIPP text messages that you receive will vary depending on which GRIPP text messaging feature for which you enable to receive messages and the frequency of the events that trigger messages sent by any specific feature.
Message and data rates may apply to each text message sent or received in connection with GRIPP text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. GRIPP does not impose a separate fee for sending GRIPP text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.
- How to Opt-Out
To stop receiving text messages from the GRIPP Service platforms, email STOP to firstname.lastname@example.org You acknowledge that you will then receive one (1) final message from GRIPP confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. This will only opt you out of the specific text messaging program associated with the GRIPP Service. You will remain opted in to other non-GRIPP Service text messaging programs for which you are enrolled.
You can email HELP for help or STOP to email@example.com or for additional questions or support.
Customer is responsible for obtaining all services and technologies necessary to access the Service and Customer understands that such access may involve third party fees and costs (such as Internet service provider or airtime charges). Customer is responsible for all such fees and costs.
Usernames and Passwords
Gripp retains ownership of any Gripp equipment tags (collectively, “Tags”) along with any Tag information that is available in the public domain such as, but not limited to make, model and identification numbers.
From time to time, we may aggregate and anonymize general, non-identifiable personal, statistical information related to equipment collected as part of the GRIPP Service in order to create reports, bulletins and other relevant information that may be used by other GRIPP Service Customers. For example, we may aggregate statistical information about equipment breakdowns across make and model information that may be useful for GRIPP Service Customers to improve equipment or service of equipment. GRIPP retains ownership of aggregate and anonymized data.
Except for Customer Data, GRIPP owns all right, title, and interest in and to the Sites and Service including any and all intellectual property or other proprietary rights therein, including, but not limited to, the Materials.
All brand, product, service names and marks used on the Sites or in the Service that identify GRIPP are proprietary names and marks of GRIPP. All brand, product, and service names and marks used on the Sites or in the Service which identify third parties or their products or services are proprietary names and marks of such third parties. Except as expressly authorized herein, material from the Sites and Service and from any other website owned, operated, controlled, or licensed by GRIPP may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Customer shall not remove, alter, or obscure any proprietary notices (including copyright notices) of GRIPP on the Sites or Service.
“Feedback” means any and all Customer suggestions regarding new features, functionality, or performance for the Service, including suggestions submitted through the Service. Customer hereby grants to GRIPP a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use such Feedback for lawful purposes, including, without limitation the development or improvement of features or functionality for the Service. GRIPP will not identify Customer as the source of any such Feedback.
Open Source Software
The Service may contain links to websites maintained by other parties. The linked websites are not under the control of GRIPP, and GRIPP is not responsible for the content available on such websites. GRIPP is providing these links to other websites as a convenience to Customers, and access to any linked website is at the Customer’s own risk. The inclusion of any link does not imply an opinion, recommendation, or endorsement by GRIPP of the linked website. We expressly disclaim any representation regarding the content or accuracy of materials on such websites or the privacy practices of those websites.
Term, Termination, and Suspension
GRIPP may also in its sole discretion, for any reason or no reason and at any time, discontinue providing the Service, or any part thereof, with or without notice, provided, however, that GRIPP will refund to you any prepaid but unused fees paid by Customer through the effective date of such termination. Further, you agree that GRIPP shall not be liable to you or any third party for any termination of your access to the Service as described herein.
All provisions of the Agreement which by their nature should survive, shall survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Confidential Information does not include information that: (a) was already lawfully known to the Receiving Party at the time of disclosure by the Disclosing Party; (b) is disclosed to the Receiving Party by a third party who had the right to make such disclosure without any confidentiality restrictions; (c) is, or through no fault of the Receiving Party has become, generally available to the public (including any information made available on the Sites that is not protected by confidentiality obligations); or (d) is independently developed by the Receiving Party without access to, or use of, the Disclosing Party’s Confidential Information. In addition, the Receiving Party may disclose Confidential Information of the Disclosing Party to the extent that such disclosure is: (i) approved in writing by the Disclosing Party, (ii) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (iii) required by law or by the order of a court or similar judicial or administrative body, provided that (if permitted by law) the Receiving Party promptly notifies the Disclosing Party of such required disclosure in writing prior to making such disclosure and cooperates with the Disclosing Party, at the Disclosing Party’s reasonable request and expense, in any lawful action to contest or limit the scope of such required disclosure. Notwithstanding the foregoing, GRIPP may use Customer’s name and logo in GRIPP’s marketing materials that include a customer list.
DISCLAIMER OF WARRANTIES
FROM TIME TO TIME, GRIPP MAY OFFER NEW “BETA” FEATURES OR TOOLS. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT GRIPP’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
LIMITATION ON LABILITY
The Sites and Service can be accessed from countries around the world and may contain references to services that are not available in your country. These references do not imply that GRIPP intends to announce or offer such services in your country. The Sites and Service are controlled and offered by GRIPP from its facilities in the United States of America. GRIPP makes no representations that Sites or Service are appropriate or available for use in other locations. Those who access or use the Sites or Service from other countries do so at their own volition and are responsible for compliance with local law.
Choice of Law
Assignment and Succession
GRIPP will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemics, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The communications between you and GRIPP use electronic means, whether you use the Service or send us emails, or whether GRIPP post notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from GRIPP in an electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GRIPP provides to you electronically satisfy any legal requirement that such communications would satisfy if it would be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
Any notices to GRIPP required or permitted hereunder shall be sent to GRIPP at the address below, or at such other address as GRIPP shall specify in writing. Any notices to Customer required or permitted hereunder shall be sent to the email address provided by Customer in the Registration Form, or at such other address as Customer shall specify in writing. If to Customer, such notice shall be deemed given two business days after being sent to Customer’s email address. If to GRIPP, such notice shall be deemed given two business days after being sent to the email address provided below; upon personal delivery; if sent by telephone facsimile, upon confirmation of receipt; or if sent by certified or registered mail, postage prepaid, five (5) days after the date of mailing to address provided below.
Attn: Legal Team
830 Massachusetts Ave Suite 1500
Indianapolis, IN 46204