DECOVERY TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR MOBILE
APP, WEBSITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS,
THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF
01/30/2017.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the
relationship with our users and others which may interact or interface with Decovery, also known as Decovery App
or Decovery Website, which is owned by Spiral Scout, a single member LLC, located at 1980 Washington Street,
Suite 405, San Francisco, California 94109 and our subsidiaries and affiliates, in association with the use of
the Decovery mobile app and website, which includes http://decovery.online/, (the "Site") and its Services,
which shall be defined below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The mobile application helps governments and businesses collect information about buildings before and after a
natural disaster to help with determing the structural integrity of a building. The application sends data that
a user enters back to a website / database to generate reports: Collect building information after a natural
disaster and generate reports Version 1.0.0 will ask for access to a users:
Location
• approximate location (network-based)
• precise location (GPS and network-based)
Photos/Media/Files
• read the contents of your smartphone’s photo library
Any and all visitors to our site and users of the mobile application shall be deemed as "users" of the herein
contained Services provided for the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our website and
applications, which may include some mobile applications and that those applications may be made available on
iTunes store and Google Play store, are the sole property of Spiral Scout. At its discretion, Spiral Scout may
offer additional website Services and/or products, or update, modify or revise any current content and Services,
and this Agreement shall apply to any and all additional Services and/or products and any and all updated,
modified or revised Services unless otherwise stipulated. Spiral Scout does hereby reserve the right to cancel
and cease offering any of the aforementioned Services and/or products. You, as the end user acknowledge, accept
and agree that Spiral Scout shall not be held liable for any such updates, modifications, revisions, suspensions
or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after
such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates,
changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms
and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should
you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided "AS IS"
and as such Spiral Scout shall not assume any responsibility or obligation for the timeliness, missed delivery,
deletion and/or any failure to store user content, communication or personalization settings.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all
local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting
and/or transferring of software, technology and other technical data may be subject to the export and import
laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply
with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control
program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion
report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government
which may be part of an export-prohibited country identified in applicable export and import laws and
regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network
Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological
weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be
in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Spiral Scout shall not lay claim to exclusive ownership of any content submitted by any visitor or user, nor
make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for
Spiral Scout the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted for inclusion on the private areas of Spiral Scout's sites, the license provided to
permit to use, distribute, reproduce, modify, adapt said Content on our network Services is for the sole purpose
of providing and promoting the specific area to which this content was placed and/or made available for viewing.
This license shall be available so long as you are a member of Decoverys sites, and shall terminate at such time
when you elect to shutdown your use of the service.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the private areas of
Spiral Scout's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly
perform and/or publicly display said Content on our network Services are for the sole purpose of providing and
promoting the specific area in which this content was placed and/or made available for viewing. This license
shall be available so long as you are a member of Decoverys sites and shall terminate at such time when you
elect to shutdown your account.
c) For any other content submitted or made available for inclusion on the privately accessible areas of
Decoverys sites, the continuous, binding and completely sub-licensable license which is meant to permit to use,
distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content,
whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed.
Those areas which may be deemed "publicly accessible" areas of Decoverys sites are those such areas of our
network properties which are meant to be available to the general public, and which would include message boards
and groups that are openly available to users.
CONTRIBUTIONS TO COMPANY WEBSITE
Spiral Scout provides an area for our users to contribute feedback to our website. When you submit ideas,
documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Decovery shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or
implied, related to any Contributions;
c) Decovery shall be entitled to make use of and/or disclose any such
d) Contributions in any such manner as they may see fit;
the contributor's Contributions shall automatically become the sole property of Decovery; and
e) Decovery is under no obligation to either compensate or provide any form of reimbursement in any manner or
nature.
INDEMNITY
All users herein agree to insure and hold Spiral Scout, our subsidiaries, affiliates, agents, employees,
officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is
not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our
site may submit, post, modify, transmit or otherwise make available through our Services, the use of Decovery
Services or your connection with these Services, your violations of the Terms of Service and/or your violation
of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial
reason any part, use of, or access to Decovery's mobile application and website.
MODIFICATIONS
Spiral Scout shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether
temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall
not be held liable to you or to any third party for any such alteration, modification, suspension and/or
discontinuance of our Services, or any part thereof.
LINKS
Either Spiral Scout or any third parties may provide links to other websites and/or resources. Thus, you
acknowledge and agree that we are not responsible for the availability of any such external sites or resources,
and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any
other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and
agree that Spiral Scout shall not be responsible or liable, directly or indirectly, for any such damage or loss
which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance
on any such content, goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Spiral Scout's Services and any essential software that may be used in
connection with our Services ("Software") shall contain proprietary and confidential material that is protected
by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that
any Content which may be contained in any advertisements or information presented by and through our Services or
by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,
except for that which is expressly permitted by applicable law or as authorized by Spiral Scout or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast,
publicly perform and/or created any plagiaristic works which are based on Spiral Scout Services (e.g. Content or
Software), in whole or part.
Spiral Scout herein has granted you personal, non-transferable and non-exclusive rights and/or license to make
use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any
third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or
otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security
interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to
alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services.
Lastly, you also agree not to access or attempt to access our Services through any means other than through the
interface which is provided by Spiral Scout for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF SPIRAL SCOUT SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL
BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. SPIRAL SCOUT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) SPIRALSCOUTANDOURSUBSIDIARIES,OFFICERS,EMPLOYEES,AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT
(i) SPIRAL SCOUT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii)SPIRAL SCOUT SERVICES OR SOFTWARE SHALL
BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE
c) USE OF THE SPIRAL SCOUT SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF SPIRAL SCOUT SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING
AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR
MATERIAL.
d)NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,THAT MAY BE OBTAINED BY YOU FROM SPIRAL SCOUT
OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT SPIRAL SCOUT AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF
SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR MOBILE APP AND WEBSITE SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
In additiona, The Decovery software is provided on an as-is basis. Spiral Scout has made a good faith effort to
rid the program of software defects and bugs. However, Spiral Scout is not obligated to provide any maintenance,
support, updates, enhancements, or modifications. Spiral Scout may not be held liable to any party for any
direct, indirect, special, incidental or consequential damages, including lost profits or downtime arising out
of the use of this software, its documentation, or data obtained through the use of this software. Spiral Scout
will also not be held liable for any information input into the system by the user. The user should consult
their legal counsel for any restrictions or additional security required by their organization for the data they
will be imputing into the Decovery software. By downloading, installing, or using this program, the user
acknowledges and understands the purpose and limitations of this software.
RELEASE
In the event you have a dispute, you agree to release Spiral Scout (and its officers, directors, employees,
agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands
and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected,
disclosed and undisclosed, arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages, alerts or
other information from our Services concerning companies, stock quotes, investments or securities, please
review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this
particular type of information, the phrase "Let the investor beware" is appropriate. Spiral Scout's content
is provided primarily for informational purposes, and no content that shall be provided or included in our
Services is intended for trading or investing purposes. Spiral Scout and our licensors shall not be
responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or
made available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there
shall be no third-party beneficiaries to this agreement.
NOTICE
Spiral Scout may furnish you with notices, including those with regards to any changes to the TOS,
including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website
Services, or other reasonable means currently known or any which may be herein after developed. Any such
notices may not be received if you violate any aspects of the TOS by accessing our Services in an
unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have
received any and all notices that would have been delivered had you accessed our Services in an authorized
manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Spiral Scout and Decovery trademarks,
copyright, trade name, service marks, and other Spiral Scout and Decovery logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of Spiral
Scout. You herein agree not to display and/or use in any manner the Spiral Scout or Decovery logo or marks
without obtaining Spiral Scout's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE & PROCEDURES
Spiral Scout will always respect the intellectual property of others, and we ask that all of our users do
the same. With regards to appropriate circumstances and at its sole discretion, Spiral Scout may disable
and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you
feel that your work has been duplicated in such a way that would constitute copyright infringement, or if
you believe your intellectual property rights have been otherwise violated, you should provide to us the
following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of
the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed
upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the
copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned information in your
notice is truthful and accurate, and that you are the copyright or intellectual property owner,
representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Spiral Scout Agent for notice of claims of copyright or other intellectual property infringement can be
contacted as follows:
Mailing Address:
Spiral Scout
Attn: John Griffin
1980 Washington Street
San Francisco, California 94109
Telephone: 2156882751
Email: jgriffin123@gmail.com
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Spiral Scout and shall govern the use of our
Services, superseding any prior version of this TOS between you and us with respect to Spiral Scout
Services. You may also be subject to additional terms and conditions that may apply when you use or purchase
certain other Spiral Scout Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Spiral Scout with regard to the TOS that the relationship
between the parties shall be governed by the laws of the state of California without regard to its conflict
of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating
to the TOS, or the relationship between you and Spiral Scout, shall be filed within the courts having
jurisdiction within the County of San Francisco, California or the U.S. District Court located in said
state. You and Spiral Scout agree to submit to the jurisdiction of the courts as previously mentioned, and
agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to
venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Spiral Scout fail to exercise or enforce any right or provision of the TOS, such
failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor
to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS
remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or
action arising out of or related to the use of our Services or the TOS must be filed within 2017 year(s)
after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Spiral Scout as follows:
Mailing Address:
Spiral Scout
1980 Washington Street
San Francisco, California 94109
Telephone: 2156882751
Email: jgriffin123@gmail.com