G.R.O.M. Inc. Terms of Service Agreement

Last updated: 10/25/24

This Terms of Service Agreement (“Agreement”) is a legal contract between you (“User” or “you”) and G.R.O.M. Inc. (“G.R.O.M.”, “we”, or “us”) governing your use of our training and coaching iPhone application (“App”). The App utilizes video technology to analyze performance and provide feedback for military and civilian training scenarios.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE APP. BY CREATING AN ACCOUNT, ACCESSING, OR USING THE APP, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.

1. Acceptance of Terms

By downloading, installing, or using the App, you accept and agree to be bound by this Agreement and consent to enter into a contract with us electronically. If you are using the App on behalf of an organization, you represent that you have the authority to bind that organization to this Agreement.

We may update this Agreement from time to time by posting a new version within the App or on our website. Your continued use of the App after any such changes constitutes your acceptance of the new terms.

2. Eligibility

Age Requirements: You must be at least 16 years old to create an account and use the App. By creating an account, you represent that you meet this age requirement.

Parents and Guardians: If you allow your child to use the App, you are responsible for supervising their usage and ensuring compliance with this Agreement.

3. Account Registration and Security

To access certain features of the App, you must create an account by providing accurate and complete information, including a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.

4. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the App, you consent to the collection and use of your information as outlined in the Privacy Policy.

5. License and Usage Rights

Subject to your compliance with this Agreement, G.R.O.M. grants you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal, non-commercial purposes.

Restrictions: You may not:

Modify, distribute, or create derivative works based on the App.
Reverse engineer, decompile, or disassemble the App.
Use the App for any unlawful or prohibited activities.
Remove any proprietary notices or labels on the App.

All rights not expressly granted to you are reserved by G.R.O.M.

6. User Content

The App may allow you to submit, upload, or share content such as videos, images, and comments (“User Content”). You retain ownership of your User Content but grant G.R.O.M. a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display your User Content for the purpose of operating and improving the App.

Content Standards: You agree that your User Content will not:

Infringe on any third-party rights, including intellectual property rights.
Contain unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable material.
Promote discrimination, violence, or illegal activities.

We reserve the right to remove or disable access to any User Content that violates this Agreement.

7. Acceptable Use Policy

When using the App, you agree to comply with all applicable laws and regulations. You will not:

Use the App for any fraudulent or illegal purposes.
Upload viruses, malware, or other harmful code.
Attempt to gain unauthorized access to any part of the App or its systems.
Engage in any activity that interferes with or disrupts the App or its servers.

8. Intellectual Property Rights

All intellectual property rights in the App, including but not limited to software, design, text, graphics, and interfaces, are owned by G.R.O.M. or its licensors. Unauthorized use of these materials is prohibited.

9. Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. G.R.O.M. DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the App will be error-free, secure, or available at all times. Your use of the App is at your own risk.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, G.R.O.M. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE APP.

Our total liability to you for any claim arising out of or relating to this Agreement or the App is limited to the amount you paid us, if any, in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold harmless G.R.O.M., its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the App or violation of this Agreement.

12. Termination

We may suspend or terminate your access to the App at any time, with or without cause or notice. Upon termination, all rights granted to you under this Agreement will cease.

13. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of [Insert State], without regard to its conflict of law principles.

Arbitration: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.

14. Changes to the App

We reserve the right to modify, suspend, or discontinue the App or any part thereof at any time without notice. We are not liable to you or any third party for any such changes.

15. Miscellaneous

Entire Agreement: This Agreement constitutes the entire agreement between you and G.R.O.M. regarding your use of the App.
Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
Assignment: You may not assign this Agreement without our prior written consent.

16. Contact Information

If you have any questions about this Agreement, please contact us at:

G.R.O.M. Inc.

7711 S Raeford RD, ste 102-146, Fayetteville, NC 283704

Email: Booking@sobtactical.com

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.