Please read the terms of service below. These terms of service, including any revised agreements that we may post from time to time, state the agreement ("agreement") under which Viable ("Viable") provides you with various services, currently located as an app on the iTunes App store and at Viable.af, and any other related or successor sites ("app"). All services provided by Viable on the app are collectively referred to as "services". By accessing, browsing and/or using our app and/or services, you are deemed to accept the terms of service and agree to be bound by this agreement with respect to the use of that app. If you do not wish to be bound by this agreement, you may not access, browse or use the app or any services we provide.
You may not use the Services and may not accept these terms if (a) you are not of legal age in your jurisdiction to form a legally binding contract with Viable, or (b) you are not allowed to receive the Services under the laws of the District of Columbia, your country of residence, the country in which you are located or are otherwise legally barred.
Your Use of the Services
Viable grants you a limited, nonexclusive, nontransferable, revocable license to use the Services subject to the restrictions set forth in these Terms of Service.
Viable Property and Feedback
All right, title, and interest in and to the App and Services are and will remain the exclusive property of Viable and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Viable incorporates any of your Feedback (as defined below) into subsequent versions. The App and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services. You may not copy or modify the python and swift or other code used to generate the App. All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to Viable, in any form, and any contributions you make to the App by posting content via e-mails through the app (“Contact Us") will be the sole and exclusive property of Viable. You will not earn or acquire any rights or licenses in the Services or in any Viable Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
Changes to This Agreement
Your use of our App is also subject to the other policies, disclaimers and guidelines we post on such App from time to time.
Types of Services
Currently, Viable offers a restricted free service ("Free Service") with a limited set of services. More information on the types of services that Viable offers can be found in Info. Please read this page in its entirety regarding account restrictions. Viable reserves the right, at any time, to change or impose fees for access to and use of the App, Content, Search Results, Reports and/or Services.
Transactions / Transmissions / Storage / No Automated Querying
Viable does not have an established maximum number of transaction, transmissions, or level of storage used in connection with the Services. Viable reserves the right to set such limits, in its sole discretion, at any time.You may not send automated queries of any sort to the App without express advance written permission from Viable. Note that "sending automated queries" includes, among other things:
using any software which sends queries to our apps to determine how a trademark or domain name "ranks" for various queries;
performing "offline" searches on the App.
Links to, and Resources/Data from, Others
A part of the App and the Services includes links to other websites or resources and information provided by others. Because Viable has no control over such sites and resources, you acknowledge and agree that Viable is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Viable shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Finally, you acknowledge that such external sites and third-party tools usually have their own terms and conditions, including privacy policies, over which Viable has no control and which will govern your rights and obligations with respect to the use of such.
Your Contact With Advertisers or Third-party Vendors
Your dealings with advertisers and third-party vendors (for instance but not limited to: trademark attorneys, domain name consultants and designers) found on or through the App and the Services, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. Viable does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and you agree that Viable will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on our App. You acknowledge that such external sites usually have their own terms and conditions, including privacy policies, over which Viable has no control and which will govern your rights and obligations with respect to the use of those Web sites.
Compliance With Laws/Restrictions in Use
You agree to comply with all applicable laws regarding your use of our App and the Services including, without limitation, all applicable laws (as well as associated licenses and approvals) regarding the transmission of technical
data exported from the United States or the country in which you reside. You agree that you will not: (a) use the App or the Services in any manner that harms us or the parties with which we contract; (b) modify or reroute the App or the Services, or attempt to do so; (c) overburden, harm, limit, or disable the App or the Services, including associated networks, or otherwise impair anyone's use of the App or the Services.
Passwords and Security
You should not provide your password(s) to anyone else and are responsible for maintaining the confidentiality of your password(s) used for the Services. Therefore, you agree that you are solely responsible for all usage and activities under your account.
Intellectual Property Violations
Viable takes intellectual property issues seriously and has a policy to response to notices of alleged infringement that comply with applicable international intellectual property law and to terminating the accounts of repeat infringers. Please note: all notices and transmissions under such policy that are not relevant will not receive any response.
Prohibited Content / Review of Content
You agree that you will not use the Services to post or otherwise provide any prohibited content, meaning any content that: (i) is inappropriate or offensive (such as inappropriate photographs); (ii) promotes racism, bigotry, hatred or physical harm of any kind; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, or "spamming"; (v) is false, misleading or promotes, endorses or furthers illegal activities; (vi) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright, trademark, trade secret or other intellectual property law; (vii) is involved in the exploitation of minors, or solicits personal information from such persons; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (ix) otherwise violates this Agreement or creates liability for us.
Modifications to the Services
Viable reserves the right at any time and from time to time to modify, suspend, discontinue or terminate the Services (or any part thereof) with or without notice. You agree that Viable will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Termination of Your Access to the Services
You agree that Viable, in its sole discretion, may terminate your access to any of the Services for any reason, including, without limitation, for lack of use or if Viable believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Services may be effected without prior notice, and acknowledge and agree that Viable may bar any further access to such files or the Services. If you use the App in violation of this Agreement, Viable may, in its sole discretion, retain all data collected from your use of the App. Further, you agree that Viable shall not be liable to you or to any third party for the discontinuation or termination of your access to the Services, or collection of information notwithstanding in the case of your violation of this Agreement, even if advised of a claim for damages.
You may cease using the Services at any time. You do not need to inform Viable if you cease using the Services.
Information Disclaimer and Disclaimer of Warranties
By using the app and the services you understand and agree that:
The services are provided for informational purposes only. No content on our app is intended to constitute professional advice, whether financial, legal or otherwise. Viable and those posting or otherwise providing information, services or material on our app are not responsible or liable for any consequences relating directly or indirectly to any action or inaction you take based on the information, services or other material on our app.
Your use of the services is at your sole risk. The services are provided on an "as is" and "as available" basis. Viable expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Viable makes no representation or warranty that the services will meet your requirements, that the services will be uninterrupted, secure, current or error-free, that the results that may be obtained from the use of the services will be accurate, timely, useful or reliable, or that the quality of any postings, products, services, information or other material obtained by you through the services will meet your needs.
Any material obtained through the use of the services is done at your own discretion and risk, and you will be solely responsible for any damage to computer systems or for loss of data that results from the download or use of any such material.
No advice or information, whether oral or written, obtained by you from our app or through or from the services shall create any warranty not expressly stated in their terms.
Limitation of Liability
You understand and agree that Viable is not liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, including, but not limited to, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, incidental, special, consequential, exemplary or punitive damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from: (1) the use of, or the inability to use, the app or the services; (2) the cost of procurement of substitute services, goods or and web site; (3) unauthorized access to or alteration of your transmissions or data; (4) the statements or conduct of any third party on our app; (5) reliance on content or postings on our app; or (6) any other matter relating to our app or the services. These limitations will apply whether or not Viable has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
Some jurisdictions do not allow the limitation or exclusion of liability for indirect, incidental, special, consequential, exemplary or punitive damages, so some of the above limitations may not apply to you and our liability will be limited to the maximum amount permitted by law.
Viable is a registered trademark and the Viable logo are trademarks of Viable. All rights reserved. All other trademarks and logos on the App are the property of their respective owners.
The images referenced, made accessible or made available to you on the App or by means of the Services are protected by the copyright and trademark laws of Sweden and other countries. Although you are permitted to locate and access the images through the Services, you may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner, not Viable. Viable cannot give you authorization to use the copyrighted images. Viable cannot guarantee that a search will not locate unintended or objectionable content and Viable accepts no responsibility or liability for the content of any app included in any search results or otherwise linked to by the Services, or for your use of such content.
No Other Agreements Between Us / No Third-party Beneficiaries
This Agreement is only between you and us, and it not for the benefit of any other person (except for permitted successors and assigns under this Agreement).
Law Applicable to Interpretations and Disputes
This Agreement and the relationship between you and Viable are governed by the laws of the District of Columbia without regard to its conflict of law provisions. You and Viable agree to irrevocably submit to the personal and exclusive jurisdiction of the courts located within Washington DC, USA. Notwithstanding the foregoing, Viable may seek equitable and injunctive relief in any jurisdiction.
Severability of This Agreement
If any provision of this Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Viable
You agree that any claim or cause of action arising out of your use of our App or this Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Viable to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.