These terms and conditions of use describe your rights and responsibilities with regards to use of Gizmo Mafia Apps ("GMA") mobile-based applications (including the KeyMotion™️ Big Button Keyboard and theKeyMotion™️ Original Keyboard).
Please read the following binding contractual terms carefully before you download, install, or start using any GMA App.
1. Acceptance of the Terms of Service
The Terms of Service are available at http://gizmomafia.x10host.com/PRIVACY-LEGAL/ and on any App Site used to distribute GMA Apps via the relevant GMA App description page. These Terms of Service are binding upon download, install, access, or use of any GMA App. If you disagree with any of these Terms of Service, do not download, install, use, or access any GMA app.
2. Changes to the Terms of Service
3. Accessing GMA Apps, Security and Privacy
GMA and our Apps are based in the United States and, regardless of where you access GMA Apps, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using any GMA App, you consent to this collection, transfer, storage, and processing of information to and in the United States.
We are working hard on improving GMA Apps, but we can't guarantee that the GMA Apps will function, function error free, and/or run 24/7 without interruption. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of any GMA App is unavailable at any time or for any period, nor for any data loss.
To access certain features of any GMA App you may have to register by entering your email and choosing a password as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using GMA functions in person. We highly recommend to choose a strong password (e.g. "orangebubblepeanut47$") and that you log out from your account at the end of every session.
It is a condition of your use of any GMA App that all the information you provide (if any) is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet websites and mobile apps, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
4. Intellectual Property Rights and Use Guidelines.
GMA Apps and GMA App original content, features and functionality are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. So you agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted or otherwise proprietary material. Also, you agree not to copy or use any assembly of data (whether copyrightable or not) used by any GMA Apps as GMA's assemblies of data required expenditure of substantial time, effort, funds, and/or resources.
We do not guarantee that any App feature or functionality will be available on any GMA App. Certain GMA Apps and/or GMA App features or functions will not function on certain mobile devices due to device, operating system, and/or software limitations. You are responsible for ensuring that you have downloaded the correct version of any GMA app. Also, if your mobile device or mobile operating system does not support operation of any GMA App or GMA App feature, GMA is not responsible for lack of execution or limited execution of the relevant GMA App on your device. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any GMA function or feature in our sole discretion, at any time, without notice to you and for any reason or for no reason at all.
You are permitted to each GMA App for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service, and are not otherwise prohibited by this Agreement or any other agreement. Prohibited uses include violation of laws and regulations, or hacking or reverse engineering, decompiling, decoding, decrypting, disassembling, or in any way deriving source code of any GMA App in any manner. No right, title or interest in or to the any GMA software or code or any content therein is transferred to you, and all rights not expressly granted are reserved. Any use of any GMA App not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
We encourage your feedback, in the form of reviews, comments, and suggestions or recommendations for modifications, improvements or changes to any GMA App that you may choose in your sole discretion to provide us from time to time (“Feedback”). When you provide Feedback, you grant us, under all right, title and interest in and to the Feedback, a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use that Feedback or to incorporate it into any GMA App or other producs or services.
GMA Apps may contain content specifically provided by us, our partners or our users and such content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through any GMA App.
5. Modification, Termination, or Suspension of App Features or App Services
GMA reserves the right at any time in its sole discretion to modify, suspend, withdraw or terminate any GMA App or any services provided through its Apps (or any part thereof), and/or your use of or access to them, with or without notice. GMA may also delete, restrict or bar access to or use of some parts of its Apps, or the entire Apps and any related Content and files by users, including registered users (if any).
GMA will not be liable to you or any third party if for any reason all or any part of the any App is unavailable at any time or for any period. We will not be liable for any modification, suspension, withdrawal or termination of the services or content provided through any GMA App or loss of information or data associated with use of any GMA App. If you are dissatisfied with any GMA Apps or any GMA App feature, your sole and exclusive remedy is to discontinue your use of the respective GMA Apps.
6. Disclaimer of Warranties, Limitations of Liability and Indemnification.
GMA does not represent, warrant or guarantee that any GMA App functions error free or is suitable for any specific purpose. Any reliance you place on GMA Apps, and/or content is at your own risk, and we disclaim all liability and responsibility arising from such reliance by you.
YOUR USE OF EACH GMA APP IS AT YOUR SOLE RISK. EACH GMA APP IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. GMA DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION (1) ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND (2) ANY WARRANTY REGARDING THE USEFULNESS, SECURITY, RELIABILITY, AVAILABILITY, ACCESSIBILITY, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE APPS AND RELATED CONTENT. YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR MOBILE DEVICE, COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR USING ANY GMA APP INCLUDING ANY DAMAGES (AS DEFINED IN BELOW) RESULTING FROM COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF ANY GMA APP RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT, DEVICES, OR DATA, GMA SHALL NOT BE RESPONSIBLE FOR ANY RESULTING DAMAGES (AS DEFINED BELOW). YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF EACH GMA APP. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
We are not liable for damages, direct or consequential, resulting from your use of any GMA App, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limited to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use any lawfully acquired copy of a relevant GMA App. Because we cannot guarantee that any GMA App is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information. It is recommended to frequently back up your data to avoid any damage related to loss of data from any cause.
7. Advertisments and Commerical Offers by Third Parties
Certain GMA Apps may present advertisments or commercial offers to the user. GMA may use third party services for advertisements and commercial offers and although GMA may generically limit or request limitation of certain types of advertisements or offers, GMA does not control, review, or approve individual advertisements and individual commercial offers. The mention of any product, service, organization, business, and/or activity on any GMA App should not be construed as an GMA endorsement. GMA does not guarantee or make any representation of any kind pertaining to advertisements and commerical offers.
You should investigate any third party before completing any transaction with or disclosing any information to the third party related to any advertisment or commercial offer on any GMA App. You may suffer loss by providing financial or payment information to such third parties. Your decision to provide any payment, financial information, and/or personal information in response to any third party advertisement or commericial offer is at your own risk. GMA is not responsbile for any loss, damage, breach of contract, deceptive business practice, tort, or other injury that you may suffer from any third party.
In the event you have any dispute with one or more third party as a result of your use of any GMA App, or are in any way damaged as a result of any third party in connection therewith, you hereby release GMA, its officier, directors, members, and employees from and covenant not to sue or otherwise make a claim, demand or file any legal action or institute any legal or regulatory proceedings against the GMA Parties for any damages of whatever kind or nature, known or unknown, suspected or unsuspected, whether foreseeable or not, disclosed or undisclosed.
8. Arbitration / Dispute Resolution / No Class Actions, Governing Law, Jurisdiction, Venue
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
You agree to attempt to resolve any dispute with GMA by first providing written notice to GMA through GMA's registered agent. You may obtain the address of GMA's registered agent through the Secretary of State of the State of Texas. The written notice shall include a detailed explanation of your dispute or claim and any requested remediation. Also, the written notice shall include your name, address, and suitable contact information. If your written notice lacks this requisite information, GMA shall not be obligated to respond in any way.
You agree to undertake reasonable efforts to informally resolve your dispute with GMA.
If You and GMA do not reach a mutually satisfactory resolution within sixty (60) days of receipt of your written notice by GMA through its registered agent, You agree to seek to resolve your dispute / claim through binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) and You agree not to sue in court in front of a judge or jury. Notwithstanding the preceding, the obligation for binding individual arbitration shall not apply to intellectual property disputes.
If any claim is less than $5,000, the Arbitration hearing(s) shall occur by teleconference unless the Arbitrator finds good cause for one or more hearings with all parties present. If the Arbitration does not occur by teleconference, the location of the Arbitration shall exclusively be Plano, Texas unless the GMA and you otherwise agree to another location in writing.
Any injunctive remedy applied by the Arbitrator shall apply only to the individual claim before the Arbitrator and shall not apply to any other user of GMA Apps.
Each party shall bear their own costs for the Arbitration.
GMA shall not be obligated for reimbursement of any legal fees or other costs to you even if you are successful in Arbitration or any legal proceeding and even if specified by statute or other law if GMA has offered a reasonable resolution to your dispute that may or may not be the same as the result of the Arbitration or legal proceeding.
You also agree that You and GMA shall only bring claims against the other only in Your or GMA’s individual capacity and not as a plaintiff or class member in any purported class or representative action. Unless both You and GMA agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
In the event, any dispute between you and GMA is not subject to arbitration by this Agreement or by decision of any judge or court, you agree and consent to personal jurisdiction to and exclusive venue with federal courts of the Eastern District of the State of Texas or to Texas state courts in Plano, Texas if federal jurisdiction is not available. You agree to immediate transfer to a court in the Eastern District of the State of Texas or Texas state court in Plano, Texas as the case may be if an action is brought elsewhere.
If any proceeding is brought in any court, location, jurisdiction outside of the terms of this Agreement, you agree that GMA may seek injunctive relief or suitable judicial order to transfer resolution of the dispute according to the terms of this Agreement. Any court proceeding(s) or hearing(s) and related legal fees or any related costs of GMA for seeking and enforcing such transfer shall be paid by you to GMA immediately upon such transfer.
If GMA modifies any provision related to dispute resolution or arbitration by amending these terms and conditions, you may object to amendment by providing written notice delivered to GMA's registered agent within thirty (30) days of the amendment. If you provide timely written objection, the changes to dispute resolution or arbitration provisions shall not apply to you but all other changes shall binding if you continue to use any GMA App.
Modification of any provision related to dispute resolution or arbitration shall not apply to any proceeding or arbitration that has already been instituted at the time of the modification.
9. Waiver, Severability, and Misc. Provisions
Collection of Information.
GMA may obtain information through the Application or otherwise that you provide when you purchase, license, download, register, and/or install the Application. Such information may include (a) your name, email address, age, user name, password and other registration and/or demographic or personal information; (b) transaction-related information, such as when you make purchases, respond to any offers, or download or use applications from us; (c) information you provide us when you contact us for help; and; (e) information you enter into our system when using the Application, such as contact information; all of these as examples.
In addition, the Application may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID and/or any other device or user identifier(s), the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, information associated with your internet or mobile service provider or your account with your internet or mobile service provider; information pertaining to your Apple iTunes®️ or Google Play®️ accounts or any other account used to download or access the Application; your search terms, content viewed, requested, or accessed, app features that you use, and information collected by third-party advertisements on one or more GMA Apps or elsewhere, and information about the way you use the Application or any other application as permitted by device and software settings.
The Application may collect geolocation information in real time or otherwise. For example, when you use the mobile application or at other relevant times, we may use GPS technology, cellular communication technology, Wi-Fi technology, Bluetooth technology, near field communication (or other relevant technology) to determine your current location and/or approxiate location in order to obtain and display possibly relevant advertisements from third parties and/or from third party ad networks or ad distributors. Certain geolocation may be accessed, stored, and/or otherwise used by GMA and/or such third parties, ad networks, and/or ad distributors.
If you do not want the Application to use your location for advertising and/or Application operations, you should turn off the location services for the mobile application located in your mobile phone settings and/or within the mobile application. Turning off the location services for the Application may cause certain functions, features, and/or components of the Application to cease to function or otherwise become inaccessible.
Use of Collected Information
You hereby consent to the collection of this information and use of this information to:
provide our Apps and content to you; complete registration, transactions, subscriptions, and/or similar App operations; contact you in connection with services and/or inquiries; personalize App operations, content, and/or App features; assist us, our advertisers, and social media parnters to display advertisements or offers to you and appropriate target audience(s) and for other marketing and advertising purposes, including through Online Behavioral Advertising; improve App features, content and/or App functionality; track our users’ demographics, interests, and behaviors; track the total number of App users and/or App features; and for other commercially reasonable purposes, including but not limited to, measuring advertising and promotional effectiveness and assessing which areas to remarket to you after you leave the Application.
We may also disclose User Provided and Automatically Collected Information: as required by law, such as to comply with a subpoena, or similar legal process; and/or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request; and/or when otherwise authorized by you.
If GMA is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of this information, as well as any choices you may have regarding this information.
You can stop all collection of information by the Application easily by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
Data Retention Policy, Managing Your Information
We will retain User Provided data and/or Automatically Collected information for as long as you use the Application and for a reasonable time thereafter or as long as required by law, legal order, and/or applicable legal or regulatory` obligation whichever is longer.
We do not use the Application to knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without consent from the appropriate parent or guardian, he or she should contact us at email@example.com. We will delete such information from our files within a reasonable time.
If / When GMA collects information through use of the Application, GMA shall implement reasonable safeguards to protect information we process and maintain from misuse, unauthorized access, and/or unauthorized disclosure. However, despite these measures, our computer and storage systems could be compromised by unauthorized parties seeking otherwise unpermitted access to data, by a technological malfunction, and/or by human error. In addition, the communication of information over the Internet, mobile data networks, wireless networks, exchange of information between devices and/or between software, apps, or other electronic use of apps could be intercepted and/or monitored by third parties. As a result, our measures to protect your data may be unsuccessful. We cannot guarantee that our security measures will provide absolute protection. By using, accessing or registering with the Application, you agree that GMA is not responsible or liable for any loss or damage of any sort arising from or relating to any breach of our security, circumvention of any privacy settings or security measures, or interception of data. Also, any transmission of data by you is at your own risk.
The access to relevant data also depends upon your actions. If you share email addresses, accounts, user ids and/or passwords or otherwise make such information available to third parties, your information may be accessible by third parties. You should undertake efforts to maintain such information in confidence and prevent unauthorized access to or disclosure of such information. You should not share passwords with anyone.
You should be aware that information entered, access, stored, and/or otherwise processed on your mobile device may be subject to access in a manner outside of GMA's control. For example, user data stored in a mobile device storage system may possibly be read by other software on the mobile device. Also, information on your device may be automatically transferred to other devices such as automatic backup operations or cloud storage operations which could lead to exposure of your data to third parties. GMA is not responsbile for ensuring the security of data access, data control, and app operations of your mobile device. In additional, your activities (such as activities in a mobile device web browser application) may result in access to user information pertaining to GMA apps and/or other user information. GMA is not responsible for collection of any information by third parties via your mobile device and/or other software operating on your device and/or software or devices interacting with your device.